Terms & Conditions
Last updated: 3rd of October 2024
Welcome to SoSocial, a mobile application by Capital Motion Restaurants Management ("Company", "we", "our", "us").
The present terms and conditions (T&C) are posted on the website www.SoSocial.com (Website) and SoSocial application (Application), which are owned by Capital Motion Restaurants Management – Sole Proprietorship LLC (Company).
The T&C are intended to govern your utilisation of the Website and the App and any of the Services provided by the Company to you through the Website and/or the Application.
The Company may elect to change the T&C from time to time without any prior notice. The change will be implemented by posting amended T&C on the Website and the Application.
If you use the Website and/or the Application or avail from any of the Services through the Websiteand/or the Application, You are deemed to have read and understood the T&C. You have also fully and unconditionally consented to be bound by the version of the T&C posted on the Website and the Application at the date and time of your use. Notwithstanding, if a new law or an amendment to an existing law requires a change of the T&C after You have availed from a Service through the Websiteand/or the Application but before such Service has been fulfilled, the Company may have to apply that new/amended law to Your concerned Service. You are also deemed to have fully, irrevocably and unconditionally consented to be bound by any change to the T&C.
1. DEFINITIONS AND INTERPRETATION
1.1Interpretation
Capitalized words shall have the meanings ascribed to them hereunder. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
1.2 Definitions
For the purpose of these T&C:
• Account means a unique account created for an Accountholder to access the Services or parts of the Services.
• Accountholder (referred to in these T&C as either “Accountholder”, “You”, Your”) means any person who holds an Account, as approved by the Company.
• Application refers to the SoSocial application developed and owned by the Company which is available on the Apple store and Android.
• Company (referred to in these T&C as either "the Company", "We", "Us" or "Our")means Capital Motion Restaurants Management – Sole Proprietorship LLC
• Country means United Arab Emirates
• Privacy Policy means the SoSocial privacy policy that sets out the basis on which any personal data that the Company collects from You will be processed and can be found here www.SoSocial.com/privacy-policy/.
• Service(s) refers to the innovative social interaction services, networking services, booking and reservation services and payment which may be provided to an Accountholder through the Application or the Website or both via the SoSocialPayment Processor.
• SoSocial Partner(s) means any participating restaurant to the SoSocial Programme and providing SoSocial Cashback to an Accountholder.
• SoSocial Cash means the cash used by an Accountholder to avail from the Serviceswhich may be topped up to an Account via Apple Pay, Samsung Pay through the App as well as by credit or debit cards via the SoSocial Payment Processor.
• SoSocial Cashback means the SoSocial Cash that an Accountholder may earn back inaccordance with the terms of the SoSocial Programme.
• SoSocial Programme means a programme developed and managed by the Company that Accountholders are eligible to access while using the Services.
• SoSocial Payment Processor means the third party payment processor through whom online payments may be processed on the Website and/or the Application.
• Website refers to the website developed and owned by the Company which is accessible from the following webpage https://www.sosocial.com/.
• You means the Accountholder accessing or using the Service, or a legal entity on behalf of which such Accountholder is accessing or using the Service, as applicable.
1. CREATING AN ACCOUNT
2.1In order to take advantage of the Services, You will be required to create an Account and register Your details. If You do so, it is Your ongoing responsibility to make sure that any personal and payment details you provide to the Company is valid, accurate and complete. You are also expected to keep Your account details and password confidential and secure. The Company adheres to a Privacy Policy but will not be responsible for any loss suffered through misuse of those details.
2.2If You have doubts about a misuse of Your Account, you must immediately notify the Company.
2.3Prior to creating an Account, You are liable to ensure that You are eligible to use our Services. You are prohibited from creating an Account or using our Services unless all of the following representations and warranties are true, and by using our Services, You represent and warrant that:
- You are legally qualified to enter into a binding contract with Us and to avail from the Services;
- You are not prohibited by law from using Our Services;
- You have not committed, been convicted of a felony, offense or any crime punishable under UAE laws.
- You do not have more than one account on our Services; and
- You have not previously been removed from our Services by Us.
2.4 If at any time, You cease to meet all these requirements, your Account will be automatically blocked and deleted. We retain the right to remove Your access to our Services without prior notice.
2.5 Further, You agree to:
- Comply with these T&C and check this page at all times to ensure You are aware of any updates;
- Use the latest version of the Website and/or Application;
- Take adequate measures to protect the security of Your login information;
- Comply with all applicable laws and customs of the Country including without limitation data protection laws, intellectual property laws and criminal and penal laws.
2.6You also agree that You will refrain from:
- Misrepresenting Your identity, age, gender or any other personal information;
- Using our Services in a way to interfere with, disrupt or negatively affect the Application and/or the Website;
- Using the login information of another Accountholder;
- Assigning or transferring the Account to another party;
- Using our Services for business or commercial purposes;
- Using our Services for any illegal purpose, including without limitation the posting or sharing of any prohibited material or content;
- Disclosing private or proprietary information that you do not have the right to disclose or infringing any intellectual property or data privacy laws;
- Harassing, intimidating, assaulting, defaming, harming or engaging in any form of abuse or psychological harm to other Accountholders; or
- Uploading any viruses or compromising the security of the Website and/or the Application.
2.7 The Company has the absolute and discretionary right to suspend or cancel any Account or reject the use of any Service by any Accountholder who does not comply with the T&C.
2.8 Further, the Company may at any time, and at its sole and absolute discretion amend or vary partially or entirely the Services and/or the SoSocial Programme.
3 PRIVACY POLICY
Please refer to Our Privacy Policy posted on the Website and the Application for details on how we deal with Your data.
4 SERVICES
• Restaurant and or venue promotions, incuding but not limited to Food, Drinks, Tobacco & Alcohol as per the offertings of the respective venues.
• Table booking
• QR Code payment processing services
• Invite to table
• Finding and adding buddies
• Chat with buddies
• SoSocial Cash redemption (loyalty program)
• SoSocial Cash gift/wallet
• SoSocial Cash top up
• City events and shows details
• Booking and buying tickets for events
• Socializing features (ability to view and interact with other Accountholders dining at Our locations)
5 SOSOCIAL PROGRAMME
SoSocial Cash
• The SoSocial Cashback program allows customers to earn and redeem SoSocial cash at Our restaurants.
• SoSocial cash:
- Is transferable to Accountholders but has no cash value and is not a currency.
- Can only be redeemed at participating locations subject to approval of the venues and their terms and conditions.
- Is subject to expiration dates as per the terms of the SoSocial Programme
Promotions and Event Booking
Promotions and events displayed in the App are subject to availability and may change without notice. We do not guarantee the accuracy or completeness of any promotion or event details.
SOCIALIZING FEATURES
The Application includes features allowing Accountholders to view other Accountholders dining at Our locations. By using this feature, you agree to interact with other Accountholders respectfully and lawfully. The Company is not responsible for the interactions between Accountholders and shall have the discretionary right to cancel or suspend any Account should the Accountholder fail to comply with the terms of this Clause.
6 SOSOCIAL CASHBACK
6.1The SoSocial Cashback program allows customers to earn and redeem SoSocialcash at Our restaurants. SoSocial Cash:
- Is transferable to Accountholders but has no cash value and is not a currency.
- Can only be redeemed at participating locations subject to approval of the venues and their terms and conditions.
- Is subject to expiration dates as per the terms of the SoSocial Programme.
- SoSocial Cashback can be earned and redeemed with SoSocial Partners subject to any applicable terms and conditions required by the SoSocial Partner. It is Your responsibility to ensure that You comply with any related third-party terms and that You are aware of any privacy policies related third party that may apply to You, in conjunction with the present T&C.
6.2The Company may, at any time and without prior notice to Accountholders, change or vary the terms and conditions for earning SoSocial Cashback. It is Your responsibility to verify the applicable terms for earning such SoSocial Cashback.
6.3The Company may, at its sole and absolute discretion, modify or restrict Your ability to earn or use SoSocial Cashback, immediately and without notice, where the Company reasonably believes that:
- You have not complied with any of these Terms;
- You have engaged in wilful misconduct, including but not limited to the fraudulent acquisition or use of the SoSocial Cashback; or
- If any of the representations and warranties set out in Clause 2 prove to be false, incomplete or misleading.
6.4In the event of cancellation of Your Account, You will lose any right related to you SoSocial Cash.
7 SOSOCIAL PAYMENT PROCESSOR
7.1We currently accept payments for Services on our Website or Application through our SoSocial Payment Processor.
7.2By entering payment details onto our Website and/or Application, you warrant that you are duly authorized to pay using those details.
7.3SoSocial operates on a non-refundable basis.
8 INTELLECTUAL PROPERTY RIGHTS
8.1 Your use of the Website and/or the Application and its contents does not grant You any copyright, design, trademark or other intellectual property rights relating to any graphics, photographs, including all image rights, sounds, music, video, audio, layout or text, including our software, HTML or other code contained in the Website and/or the Application.
8.2 All such content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on the Website and/or the Application is typically protected by national and international intellectual property laws and treaties. You are permitted to use the content only as expressly authorized by Us. Any reproduction or redistribution of the Website or the Application’s content is prohibited and may result in civil and criminal penalties.
8.3 Without limiting the foregoing, linking, commercially exploiting, copying and use of the above listed materials on any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, You are permitted to make one copy for the purposes of viewing the content for your own personal use. No right, title or interest in any downloaded content is transferred to You as a result of any such downloading or copying.
9 THIRD PARTY SITES
9.1Our Website and Application may include hyperlinks to other websites or resources operated by third parties, including our SoSocial Partners. We are not responsible for the content or accuracy of any information/data that is posted on third parties’ websites. We are also not liable, directly or indirectly, for the privacy policies of such websites or applications, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused by, or in connection with, the use of or reliance on any such content, items or services available on such third parties’ websites or applications.
10 NO WARRANTY
10.1Except as otherwise provided in these T&C or as required in the applicable laws, We make no representation, warranty or undertaking and covenants no other conditions, express or implied, regarding any matter, including, without limitation, the suitability, fitness for a specific use or purpose of any Service provided through the Website and the Application.
10.2Your use of the Website and/or the Application is made at Your sole risk.
10.3 Save as required by law, We make no warranties or undertakings that:
- the access to the Website and/or the Application will be uninterrupted or error-free;
- the Website and/or the Application will be secure;
- the Website and/or the Application or the server that makes the Website/Application available will be virus-free; or
- the information on the Website and/or the Application will be correct, accurate, adequate, useful, timely, reliable or otherwise complete.
10.4 Any download of content from the Website is done at the Accountholder’s sole risk. You will be exclusively responsible for any damage to your computer/device or loss of data that results from the download of any such content.
11 LIABILITY
11.1 Save for death or personal injury arising out of our negligence or as required by law, under no circumstances shall We, Our affiliates, employees, directors, officers, agents or suppliers be liable to You or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the Services and/or the use of the Website and/or the Application or the use or inability to use the Website, including, without limitation, damages for loss of profits, loss of goodwill or loss of data. Without prejudice to the foregoing, in no event, We will be liable for any amounts in excess of the amount paid by you for the item(s) in respect of which the claim arose.
11.2 You will be responsible to the Company for any claims, costs, damages, losses, liabilities, expenses or legal proceedings brought against the Company by any third party as a result of unlawful or unauthorised access to the Services, the Website, the Application or your Account in breach of these T&C.
11.3 Nothing in these T&C is intended to impact any rights You or We may have under any applicable law.
12 INDEMNITY
12.1 You agree to defend, indemnify and hold us, our directors, agents, affiliates, licensors and suppliers harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other caused by your action or inaction.
13 GENERAL PROVISIONS
13.1 You acknowledge and agree that these T&C constitute the complete and exclusive terms and conditions between us concerning your use of the Website and any purchase by you of any item through the Website.
13.2 Any failure to exercise or any delay by the Company in exercising its rights or remedies under these T&C shall not be construed as a waiver thereof. The rights and remedies provided by these T&C are cumulative and are not exclusive of any rights or remedies provided by law.
13.3 If any term of these T&C is held to be illegal or unenforceable, the remaining terms - or parts thereof - will not be affected and will remain in full force and effect.
13.4 If You experience any problems with access or use of your Account or if have any questions in relation to the Services or the SoSocial Programme, please contact us at support@SoSocial.com
14 GOVERNING LAW AND DISPUTE RESOLUTION
These T&C are governed by the Federal laws of the United Arab Emirates and all disputes arising hereunder are subject to the exclusive jurisdiction of the Abu Dhabi courts.