TERMS OF SERVICE PROVIDERS Experiential Star
TERMS OF SERVICE PROVIDERS Experiential Star
Experiential Star is an online platform (“Platform”), aggregating high-end activities, events and experiences (together “Experiences) for its users (“Users”), accessible via the URL www.experientialstar.com (“Website”). The Platform and the Website are owned and operated by the company Experiential Star Media FZ-LLC, Ground Floor Building 16, Dubai Internet City, Dubai, United Arab Emirates, hereinafter referred to as “Experiential Star”, “we”, “us” and “our”.
We offer companies the opportunity to market and promote their Experiences to a worldwide public via our Platform in consideration for a fee (our “Services”). A company using our Services by subscribing to one of our packages is hereinafter referred to as “you”, “your”, “yours” and “Partner”.
We provide our Services subject to these Terms of Service, hereinafter referred to as “Terms” and “Agreement”. These Terms form a legally valid and binding agreement between you and us. By subscribing to one of our packages, you accept these Terms in full. Any other terms and conditions, including your own, shall expressly not be applicable.
You warrant that you have the legal authority to enter into this Agreement. You agree to cooperate with us in order to verify the identity of the person representing you and his or her authority to enter into this Agreement on your behalf.
You understand and acknowledge that we do not conclude any agreement on your behalf with Users of our Platform and that you are solely liable and responsible for the Experiences you provide a user with. We only provide a Platform via which your Experiences are advertised and promoted to our Users. In addition, we may also provide certain other marketing services to you, depending on the package you have signed up for.
How we work
Users may choose to create an account with us, but this is not mandatory for them to be able to access and browse our Platform. We distinguish Users with an account, who we refer to as “Members” and Users without an account, who we refer to as “Non-Members”.
If you subscribe to one of our packages, a 300 word (approx) preview of your Experience along with up to 4 images and 1 video in relation thereto will be displayed on our Platform.
We draft the preview and choose images to be displayed along with it for your Experience ourselves. You may request for edits, but we are not obliged to honour such requests.
If a Member has clicked ‘View Experience’, you will be notified of that activity via the Provider’s Portal and via the e-mail address provided by you. You will only be provided with the name of the Member. You may then contact that Member yourself via the Provider’s Portal by sending a message to the Member. We will not provide any other personal data of that Member to you. A Member may, however, choose to disclose other personal data to you voluntarily.
Our packages and fees
Our Platform is currently free to use for our Users. In order for you to make use of our Services, you will need to subscribe to a package. We offer different packages, each with their own unique features and pricing. The different options we offer are displayed below. Please refer to our Fee Schedule for our current fees for each package.
With this package, you receive the basic Services. We will list one of your Experiences on our Platform and our Users may, if they are interested in your Experience, click through to your website. We draft a preview of approx. 300 words of your Experience and display that preview on our Platform, accompanied by up to 4 images and 1 video. You will get access to our Provider’s Portal, through which you can communicate with interested Users.
You will be charged the following fees:
- editorial cost and set-up fee (billed upfront) per Experience advertised;
- cost-per-click fee, (billed at the end of the month) which varies for Members and Non-Members.
Promoter and Promoter + Package
With the Promoter package you receive all of the Services included in the Listing Package, plus an extra service: we will actively promote your Experience, including by using our social media channels.
With the Promoter + package we will also create an exclusive, promotional HD-video to help sell your Experience. You are free to use this video as you please.
These Packages incur the following fees, in addition to the Listing Package fees:
- advertising creative cost fee
- advertising management fee
- advertising budget
This is our bespoke package including all of the Services of the abovementioned packages. On top of that, your Experience will also be promoted through our trusted network of influencers. In addition, we collaborate with St. James House, our PR partner, to further promote your Experience, using their extensive media network. You will also get a complimentary website and SEO audit.
Please contact us for a quote for this package. Please note that different and additional terms and conditions may apply to this package.
Unless otherwise stated, all our fees are in Dollars ($) and exclusive of Value Added Tax (VAT).
If you are based outside of the GCC, VAT will not be applicable.
The editorial and set-up fee in the Listing Package is invoiced in advance of each month. The cost-per-click fees generated in each month as calculated by our automated systems are invoiced at the end of that month.
The Promoter, Promoter + and Influencer packages are invoiced on a monthly basis in advance.
The Listing and Promoter (+) Packages can be cancelled by you at any time. Fees are calculated on a daily basis, so a cancellation will only take effect at the end of that day. For example, should you terminate your subscription on the 10th day of the month, you will be charged only until and including the 10th. Because we invoice on a monthly basis, we will refund your advance payment for the remainder of the month and - if applicable - any advertising budget left, minus any cost-per-click fees you owe us (only applicable with the Listing Package).
We reserve the right to adjust the prices of our packages from time to time. Existing subscribers will be given notice of an increase in fees and will be sent an updated Fee Schedule. An increase in fees can only become effective after the then-current billing period. If you do not agree to the new Fee Schedule, you should terminate your subscription.
Payment for your subscription is processed via our third-party payment solution provider Checkout.com. We do not store credit or debit card data for recurring charges.
You agree to adhere to these general payment conditions and any additional payment conditions we may impose on you.
Intellectual Property (IP)
As a subscriber to one of our packages, you are granted a limited, non-exclusive, non-transferable and temporary right to access and use the provider back-end of our Platform (the “Provider’s Portal”), subject to the terms and conditions of this Agreement.
We explicitly retain all right, title and interest in and to our Website and Platform, including, but not limited to, copyright and design rights in our graphic user interface, software, designs, texts and images, and any other content, either tangible or intangible, as well as trade names and trademarks.
You grant us a non-exclusive, royalty-free, worldwide, limited license to use any content you provide us with - whether provided by you voluntarily or at our request and in whatever format - for the purpose of enabling us to provide you with our services under these Terms. This includes, but is not limited to, images, videos, texts and designs. You warrant that any content you provide us with is either your property or you have obtained the necessary rights to use such content. You are solely liable for any third-party intellectual property claims resulting from our use of your content, unless such claim is exclusively and directly resulting from content or elements in content we have used for your benefit, but which you have not provided us with.
You grant us a non-exclusive, royalty-free, worldwide, limited license to use your company name to enable us to perform our obligations under these Terms and for promotional purposes in relation to our Platform and business.
By subscribing to one of our packages, we grant you a non-exclusive, non-transferable, limited license for the duration of your subscription, to use our trading name and logo on your website for the sole purpose of providing a link to our Website and refer users to our Website. We reserve the right to revoke this license for any reason at any time.
When a User creates an account with us (and is then considered a Member), he or she needs to provide us with certain personal data. We collect and process such data.
Members have agreed to share their name with you for the sole purpose of enabling you to send them a personalized message in the event they click ‘View Experience’ for your Experience. As a data processor, you shall not use the personal data you are provided with for any other purpose. You shall also refrain from passing on personal data provided by us to any other third-party/sub-processor.
You shall take appropriate measures to secure any personal data provided by us and you agree not to hold personal data for any longer than strictly necessary for the purpose referred to above.
You shall (at your own cost and expense) promptly provide such information and assistance (including by taking all appropriate technical and organisational measures) as we may require in relation to the fulfilment of our obligations to respond to requests for exercising data subjects’ rights under Chapter III of the GDPR (and any similar obligations under applicable Data Protection Laws); and you shall provide such information, co-operation and other assistance to us as we require (taking into account the nature of processing and the information available to you) to ensure compliance with our obligations under Data Protection Laws.
As a data processor, you shall be liable for and shall indemnify (and keep indemnified) us as the data controller against each and every action, proceeding, liability, cost, claim, loss, expense (including reasonable legal fees and disbursements on a solicitor and client basis) and demand incurred by us which arises directly or in connection with your data processing activities.
Should Members choose to disclose other personal data directly to you, you will be deemed the data controller in relation to such data.
Please note that the following does not apply to the Influencer Package, which is subject to separate terms.
You and us may terminate this Agreement at any time.
You can exercise your right to cancel your subscription via the Provider’s Portal against the end of the day.
Once the cancellation becomes effective, you will lose access to your Dashboard and our Services and any data or information provided by you. You will receive a final bill and you will not be charged again.
No Party to this Agreement shall be held responsible for any failure to fulfil its obligations under this Agreement if such failure has been caused (directly or indirectly) by circumstances beyond the control of the defaulting Party, including, but not limited to, war, revolution, terrorism, riot or civil commotion, or reasonable precautions against any such; strikes, lock-outs or other industrial action, whether of the affected Party’s own employees or others; blockage or embargo; acts of or restrictions imposed by government or public authority; major failures in internet connections; explosion, fire, corrosion, flood, natural disaster, or adverse weather conditions.
A Party unable to fulfil its obligations duly and timely because of an event of Force Majeure shall inform the other Party promptly, both orally and in writing, specifying the cause of Force Majeure and how it may affect its performance, including a good faith best estimate of the likely scope and duration of interference with its obligations, and shall make best efforts to terminate or avoid as soon as practicable the Force Majeure circumstances.
If a Party terminates the Agreement due to the existence of an event of Force Majeure, it shall not be liable for damages caused by the termination to the Party in default.
Updates to our Website and Platform
You acknowledge that from time to time we may apply updates to our Website and Platform and that such updates may result in changes in the appearance and/or functionality of the Platform (including the addition, modification, or removal of functionality, features, or content). We shall provide, implement, configure, install, support, and maintain our Platform and Website at our own cost and provide for all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to them.
Limitation of liability
The use of our Website and Platform is at your own risk. In no event shall we be liable for any damages (including, without limitation, damages for loss of data, loss of profit or loss due to business interruption) arising out of the use or inability to use our Website or Platform, whether foreseeable or not and even if we or an authorized representative of us has been notified orally or in writing of the possibility of such damage.
We do not assume any liability for claims, damages and losses arising out of or in connection with your Experiences or any other services provided by you to our Users.
You shall defend us, indemnify us, and hold us harmless, from and against all claims, losses, damages, penalties, liability, and costs, including reasonable legal and attorneys’ fees and extrajudicial costs, of any kind or nature which are in connection with or arising out of a claim relating to, or arising from, your breach of these Terms.
Confidential Information is any information relating to the customers, plans or otherwise to the business or affairs of the other Party which is confidential in nature, whether identified as such by the other Party or not. It includes the existence and terms of this Agreement.
Neither us nor you will, without the other’s prior written consent, disclose any Confidential Information to anyone.
Neither us nor you will use the other's Confidential Information except as required to perform this Agreement. Disclosure of Confidential Information may only be made to a Party's officers, employees, professional advisers and consultants and other agents, in each case on the condition that the Party disclosing is responsible for compliance with the obligations of confidence hereunder.
Confidential Information does not include information which is or becomes public other than by breach of this Agreement, is or becomes known to the other Party without breach of confidence, is independently developed by the other Party without using information supplied by the first Party or is required to be disclosed by law or regulatory authority.
This clause will remain in force for a period of three years from termination or expiry of this Agreement.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Should any provision of these Terms be held invalid or unenforceable for any reason or to any extent in any jurisdiction, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions, and the application of that provision shall be enforced to the extent permitted by law.
Any provision of these Terms which, to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of these Terms.
We may from time to time, at our sole discretion, modify or replace these Terms. You will be notified by e-mail of any material changes at least 30 days before they become effective. If you continue your subscription at the date on which such changes come into effect, you automatically express your acceptance and consent to these new Terms, which supersede any previous versions of these Terms.
Any dispute arising between you and us of or in connection with this Agreement shall be dealt with in accordance with the following dispute resolution procedure.
The dispute resolution process may be initiated at any time by either you or us by serving a notice in writing on the other Party that a dispute has arisen. The notice shall include reasonable information as to the nature of the dispute. The Parties shall use reasonable endeavours to reach a negotiated resolution. Within seven days of service of the notice, the assigned contacts of the Parties shall meet to discuss the dispute and attempt to resolve it. The specific format for the resolution of the dispute shall be left to the reasonable discretion of the Parties, but may include the preparation and submission of statements of fact or of position. If the dispute has not been resolved within 14 days of the first meeting of the assigned contacts then the matter may be referred to the competent court in England and Wales.
Until the Parties have completed the abovementioned procedure, and have failed to resolve the dispute, neither Party shall commence formal legal proceedings or arbitration except that either Party may at any time seek urgent interim relief from the courts or emergency arbitrator relief.
Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with English law. The parties submit to the exclusive jurisdiction of the courts in England and Wales.
For any questions or help, please contact us on [email protected] or write to us at: Experiential Star Media FZ-LLC, Ground Floor Building 16, Dubai Internet City, Dubai, UAE.