MEMBERSHIP CARD POLICY

M.U.M MEMBERSHIP CARD


TERMS OF USE, COOKIE AND PRIVACY POLICY

PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THE MEMBERSHIP CARD. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MUSICIANS’ UNION OF MALDIVES (“M.U.M”) (REGISTRATION NO: CR/37/2020), G. DRUMMERS SHELTER, RAIYVILAA GOALHI, MALE’, REPUBLIC OF MALDIVES.

RECITAL

This Terms of Use, Cookie and Privacy Policy (“Agreement”) governs the usage, rules, terms, and conditions of the Membership Card issued by M.U.M for its Premium Members.

DEFINITIONS

“M.U.M” means Musicians’ Union of Maldives (Registration No: CR/37/2020), G. Drummers Shelter, Raiyvilaa Goalhi, Male’, Republic Of Maldives.

“Membership Card” or “Card” means the Membership Card issued in digital form by the M.U.M to its Premium Members.

“Premium Member or Premium Members” means M.U.M members who have made the payment, including any variances to the payment amount from time to time, for the subscription of the add-on package.

“Associate Member” means any M.U.M associate member.

“Regular Member” means any M.U.M regular member.

“Cardholder” means a Premium Member of M.U.M who has been issued a Membership Card.

“Member” or “Members” or “User” means Premium Members of M.U.M, individually and collectively.

“Membership Term” means the duration until the cancellation date of Membership Card by M.U.M or by the Member.

“Agreement” means this Terms of Use, Cookie and Privacy Policy, as well as any other agreements, disclosures, rules, or notices relating to this Agreement as may be posted on the official website of M.U.M or otherwise made available to the Member, as applicable, and as amended from time to time.

“Service” or “Services” means services related to the usage of a Membership Card.




1. ACCEPTANCE


Use of Membership Card constitutes acceptance of the terms and conditions listed herein.




2. MEMBERSHIP CARD


The Membership Card is a property of M.U.M issued in digital form to its Premium Members. The Card will be non-readable upon request on cancellation or termination from membership of M.U.M or due to the cancellation of Card by M.U.M or the Member. The validity of Membership Card will remain until the date of cancellation or termination from the Membership or cancellation of Card by M.U.M or the Member.




3. PURPOSE & USE


The Membership Card is issued for the purpose of identifying members who are eligible for the benefits available to the Premium Members of M.U.M and other such benefits or offers by third parties associated with M.U.M.




4. FEES & CHARGES


To purchase the Membership Card or make use of Membership Card, Regular Members and Associate Members shall make an annual fee of MVR 250 and MVR 750 respectively. This payment shall deem to be received to the M.U.M when transferred to the MVR bank account of M.U.M (Account Name: MUSICIANS UNION OF MALDIVES and Account Number: 7730000382658) and the transfer slip is received by the EXCO. M.U.M will notify the Member of any changes to the payment details at least 72 (Seventy Two) hours before any payment is due. Where the Member, for any reason fails to make the payment, M.U.M will send an email to the respective Member notifying the pending payment. From the notification date, the Member shall make the pending payment within 72 (Seventy Two) hours. Failure to make the pending payment will allow for immediate deactivation of Membership Card. In order to reactivate access to the Membership Card, Members will be given an additional 10 (Ten) calendar days to make the payment and this shall be considered as the final notice to make the payment. If the Member fails to make the payment after the final notice, the Membership Card will be cancelled and all benefits will be forfeited consequently.




5. MEMBERSHIP BENEFITS CONDITIONS


All membership benefits, including any and every benefit or offer involving a third party, are only valid during the Membership Term and shall automatically be terminated thereafter. Benefits or offers may only be used upon presentation of their valid Membership Card by the Member. Proof of identification may be required.




6. SERVICE PROVIDERS


M.U.M may employ third party companies and individuals to facilitate the Services or may engage with a Digital Wallet service provider ("Service Providers"), to provide the Services on behalf of M.U.M or through the Service Provider, in order to perform the Services or assist M.U.M in analysing how the Services of M.U.M is used. These third parties may have access to Personal Data of the User only to perform these tasks on behalf of or for M.U.M. M.U.M may also use third-party Service Providers to monitor and analyse the use of its Services (such as Google Analytics, Google Ads (AdWords), Facebook). Please refer to this link as a reference for such third party Service Providers.




7. DIGITAL WALLET


Considering the Membership Card is issued in digital form, when a Member adds, attempt to add, or keep Membership Card in a digital wallet or any other electronic payment system into which Membership Card may be enrolled by that Member on any mobile phone, tablet, watch or other device that supports the Digital Wallet and where such Services are enrolled through a network of a third party, the terms and conditions of such third parties shall prevail over this Agreement and the Member shall follow such terms and conditions in the event of conflict.




8. INTERRUPTIONS OF SERVICE


M.U.M will take reasonable measures to maintain the continuity of the Service, however the internet is not always a stable medium, and errors, omissions, interruptions of Service and delays may occur at any time. M.U.M does not accept any liability for any third parties site downtime, or the interruption to the Services as a result, and the User agrees that M.U.M shall have no obligation or responsibility to operate such sites or any particular part of it.




9. LINKS TO OTHER SITES


The Services may contain links to other sites that are not operated by M.U.M. If the User clicks a third party link, the User will be directed to that third party's site. M.U.M strongly advises the Member to review the terms of use and privacy policy of every site that the Member visits. Subject to the terms of this Agreement, the Member agrees that M.U.M will have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or Services.




10. INFORMATION COLLECTION


M.U.M collects several types of information for various purposes to provide and improve the usage of Membership Cards to the Cardholder. 10.1. Personal Data. While using the Membership Card, the User may be asked to provide with certain personally identifiable information that can be used to contact or identify the User ("Personal Data"). Personal Data may include, but is not limited to: email address; first name and last name; phone number; address; and cookies and usage data. Personal Data may be used to contact the Member with newsletters, marketing or promotional materials and other information that may be of interest to the Member. Members may opt out of receiving any, or all, of these communications from M.U.M by following the unsubscribe link or instructions provided in any email sent or by contacting M.U.M. 10.2. Usage Data. M.U.M may also collect information on how the Membership Card is accessed and used ("Usage Data"). This Usage Data may include information such as Member’s computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the activities on the pages related to the usage of Membership Card such as the User visit, the time and date of visit, the time spent on those pages, unique device identifiers and other diagnostic data. 10.3. Tracking & Cookies Data. M.U.M uses cookies and similar tracking technologies to track the activity and hold certain information. cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to the browser of Member from a website and stored on the device of Member. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse the activities related to the usage of Membership Cards. The User can instruct the browser to refuse all cookies or to indicate when a cookie is being sent. However, if the User does not accept cookies, the User may not be able to use some portions of the Services. Examples of cookies M.U.M use are: Session Cookies - to operate Service related to the usage of Membership Card; Preference Cookies - to remember the User preferences and various settings; Security Cookies – to use for security purposes.




11. USE OF DATA


M.U.M uses the collected data for various purposes: To provide and maintain the Service; To notify the Member about changes to Service; To allow the Member to participate in interactive features of M.U.M Services when the User choose to do so; To provide customer support; To gather analysis or valuable information in order to improve the Service; To monitor the usage of Service; To detect, prevent and address technical issues; To provide Member with news, special offers and general information about other goods, services and events which M.U.M offers that are similar to those that the Member has already purchased or enquired about unless the Member has opted not to receive such information.




12. TRANSFER OF DATA


User information, including Personal Data, may be transferred to and maintained on computers located outside of residence, country or other governmental jurisdiction where the data protection laws may differ from those of the User’s jurisdiction. If the User is located outside the Maldives and chooses to provide information to M.U.M, note that the M.U.M may have to transfer the data, including Personal Data, to the respective country and process it there. Users who consent to this shall be followed by the submission of such information by the User. M.U.M will take all the steps reasonably necessary to ensure that the User data is treated securely and no transfer of Personal Data will take place to an organisation or a country unless there are adequate controls in place, including the security of the User data and other personal information.




13. DISCLOSURE OF DATA


Under certain circumstances, M.U.M may be required to disclose Personal Data of the User if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government authority). M.U.M may also disclose Personal Data of the User in good faith belief that such action is necessary: To comply with a legal obligation; To protect and defend the rights or property of M.U.M; To prevent or investigate possible wrongdoing in connection with the Service; To protect the personal safety of Users of the Service or the public; and To protect against legal liability.




14. SECURITY OF DATA


The security of the data of Members is important to M.U.M but no method of transmission over the Internet or method of electronic storage is 100% secure. While M.U.M strives to use commercially acceptable means to protect Personal Data of the User, M.U.M cannot guarantee its absolute security.




15. CANCELLATIONS


The Member agrees and understands that the below conducts are prohibited and shall not carry out or permit another person to carry on such conduct. Failure to do so will result in an automatic cancellation of the Membership Card without any further notice.

15.1. Use the Membership Card for any purposes other than as otherwise stated in this Terms of Use, Cookie and Privacy Policy;

15.2. Sell, resell, sublicense, distribute or otherwise transfer the right to use of the Membership Card to any person;

15.3. Delete any copyright, trademark or other proprietary rights notice on the Membership Card;

15.4. Use the Membership Card for any illegal purpose, or in violation of domestic law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

15.5. Use the Membership Card for any illegal purpose, or in violation of any external parties terms;

15.6. Remove, disable, damage or otherwise interfere with security related features of the Membership Card; and

15.7. Engage in any conduct deemed by the M.U.M to conflict or violate with the intent of this Terms of Use, Cookie and Privacy Policy.




16. INTELLECTUAL PROPERTY & COPYRIGHT


All title, rights and interest in any copyright, database rights, trademarks and design rights and any other intellectual property rights ("Intellectual Property") related to the Membership Card or Services shall remain the property of M.U.M, or third party Service Providers. Except where expressly permitted by these terms, Members shall not copy, transmit, modify, republish, save, pass off or link to any content or material related to the Services or from the sites of third parties.




17. LIABILITY AND INDEMNITY


In no event shall the M.U.M be liable for any indirect, special or consequential damages; and without limiting the generality thereof, including any loss, cost or damage to, or suffered by, the Member or others, arising from defects, negligence, delays, failure of performance or non-performance, including all claims, demands, obligations, liabilities, indebtedness, breaches of contract, breaches of duty or of any relationship, liability for acts, omissions, misfeasance, malfeasance, damages of every type, nature or kind suffered by Members or others, resulting from the action, or inaction of any operators, franchisors or licensors of any digital wallet service providers or its agents or employees in connection with the usage and benefits provided to the Member.

17.1. M.U.M does not operate the Services related to third parties and will not be liable for:

17.1.1. The security, safety or appropriateness of the third party;

17.1.2. The accuracy of any content or material which is listed on the Site (including in relation to description or availability of third party, opening hours, location or contact details), or any reliance placed by the Users on such content or material.

17.1.3. Any direct, indirect or consequential loss, injury, damage or inconvenience the User may suffer as a result of:

17.1.3.1. The act or omission of any third party or any failure to perform or comply with the terms of their Service.

17.1.3.2. Use of third parties Services or any other such activity undertaken.

17.1.3.3. Inability or incapacity of the User (for whatever reason, including without limitation, ill or unfit health) to use the Services.

17.2. Any direct, indirect or consequential loss or damage incurred by the User in connection with the Services whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

17.3. Any direct or indirect consequences related to Membership Card usage of the User and arising from the decisions taken by a government, or official body to suspend or curtail operations of one or more of Services.




18. EVENTS BEYOND CONTROL


M.U.M will not be in breach of these terms, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond reasonable control of M.U.M including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, pandemics, flood, fire, explosion, crisis or accident.




19. ENTIRE AGREEMENT


These terms shall contain all the terms agreed between M.U.M and the Member regarding the Services and shall supersede any prior agreement, understanding or arrangement between M.U.M and the Member, whether oral or in writing.




20. SEVERABILITY


If and to the extent that any provision of these terms is held to be illegal, void or unenforceable, such provision shall be given no effect and shall be deemed not to be included in these terms but without invalidating any of the remaining provisions in these terms.




21. WAIVER


No delay or failure by M.U.M in enforcing any of these terms and no partial exercise by M.U.M of any right hereunder shall be deemed to be a waiver of any right M.U.M may have under these terms.




22. ASSIGNMENT


M.U.M may transfer, assign or otherwise deal with these terms on 30 (Thirty) days’ notice to the User. User’s rights under these terms will not be prejudiced. Users may not under any circumstances transfer, assign or otherwise deal with these terms




23. ERRORS OR QUERIES


Questions, disputes, or complaints about the Membership Card, Payments, or Services of M.U.M, the Member should contact M.U.M at [admin@musiciansunioin.mv]. Questions, disputes, or complaints about the Services relating to a third party, the User must contact the respective third party.




24. MODIFICATIONS


M.U.M may revise or amend or remove any or part of these terms and conditions at any time on notice to the Member. Continued participation by the Cardholder as a Member shall be deemed as acceptance by the Cardholder of any revised terms and conditions.




25. GOVERNING LAW & JURISDICTION


This Agreement shall be construed by the laws of the Republic of Maldives. If any claim or dispute is not resolved by good faith negotiations, any lawsuits or proceedings shall be brought in the Courts of the Republic of Maldives.




26. LEGAL ACTION


Members that violate the terms and conditions or misuse the Membership Card; M.U.M holds the right to take legal action against the respective Cardholder at a court of law in the Maldives. In the event such legal action has to be carried out by M.U.M, the respective Cardholder shall bear all fees and expenses relating to such action.