My Rewards Consumer and Commercial Cards Terms and Conditions

My Rewards (“Solution”) is a Visa's new loyalty platform available to the holder of a Visa Card (“you” or the “Cardholder”) issued by a Visa member financial institution in the Latin America and Caribbean region, as defined by Visa International Service Association and its affiliates (“Visa”) and made available to the Cardholder by your Issuer (“Issuer”). Under the My Rewards, you will earn points every time you make a purchase according to the parameters established by your Issuer with an eligible Visa Card that has been enrolled in the My Rewards. You can use these points to obtain merchandise, hotel stays, car rentals, cruises and/or air travel tickets rewards (referred to generally as “Rewards”). By participating in the My Rewards, you are agreeing to be bound by the following terms and conditions. In addition to these terms and conditions, your card agreement (the “Card Agreement”) with your Issuer relating to your use of your Visa Card shall also continue to govern your use of your Visa Card and the My Rewards. In the event of a conflict between the Card Agreement and these terms and conditions, these Terms & Conditions shall govern in any matter relating to the My Rewards.

Changes to the My Rewards

We (“Issuer” and “Visa”) may modify, restrict or change the My Rewards at any time. These changes may include (but are not limited to) changing the number of Reward Points you earn for a particular type of activity or the number of Reward Points you need to reach a particular Reward tier or to redeem a particular Reward; omitting or adding Reward levels or categories; changing the selection of Rewards; imposing, increasing or eliminating Reward Points caps or My Rewards fees; or changing the conditions under which Reward Points expire or are forfeited. We will notify you of material changes to the My Rewards Terms & Conditions and, unless you decide to terminate your My Rewards participation, you will be bound by the revised terms and conditions. Visa reserves the right to cancel the My Rewards at any time, and your Issuer reserves the right to cancel its participation in the My Rewards at any time. This may result in the cancellation of any existing Reward Point balance for which neither Visa or the Issuer shall be liable.

Visa reserves the right to modify or cancel any Reward, and to modify the My Rewards Terms & Conditions at any time. The participation of affiliated merchants in the My Rewards (for example: hotels, car rental companies, airlines and others) is subject to change at any time, with or without notice. Published Reward Point levels are also subject to change due to fluctuations in currency exchange rates, customs charges, taxes, charges and fees imposed by governments, and fuel surcharges.

Eligibility

Visa Cards issued by Issuers licensed by Visa to operate in a territory in the Latin America and Caribbean region and in good standing may be eligible to participate in the My Rewards (a “Visa Card”). We reserve the right to determine in our sole discretion whether a particular Visa Card or Cardholder is eligible to participate in the My Rewards.

Enrollment and Fees

To participate in the My Rewards, your Issuer must first enroll you and establish a My Rewards account (“My Rewards Account”).

Once you have enrolled successfully, your Issuer will provide you a Personal ID that is required to access the My Rewards via http://visacardholderapp.allegrarewards.com/ (the “Website”) chat or video conference call. It is your responsibility to keep your user and password safe and known only to you and to restrict access to any mobile phone number and/or e-mail address registered with the My Rewards. You are solely responsible for all redemption activity in your My Rewards Account.

Visa will not charge you any fees to enroll or participate in the My Rewards. Any fees for participation in the My Rewards, if applicable, would be established by your Issuer. These terms could include how and when the fee is charged; whether the fee covers a different period; refund policy if participation is cancelled; notice of subsequent period billing; fee for negative point balance, etc.

Please be aware that if you elect to participate in any My Rewards services offered via a mobile device, your wireless provider’s message and data rates may apply and you are responsible to your wireless provider for any such charges.

Qualifying Purchases

Only Qualifying Purchases with the Visa Card enrolled in the My Rewards can earn points. A “Qualifying Purchase” is any type of purchase transaction, whether it is performed at a physical merchant location, online or internet purchases, phone or mail order purchases, bill payments, contactless purchases, or any other type of purchase transaction. Payments of existing card balances, balance transfers, cash advances, cash withdrawals of any kind, card fees, currency conversion fees, transaction fees, insurance fees, returned items for which a credit was issued, purchases that for any reason are in violation of the law or the Card Agreement, unauthorized charges and other types of fees are not Qualifying Purchases. In addition to these, your Issuer may provide additional categories of “Qualifying Purchases”; please check the terms and conditions provided to you by your Issuer. Visa, at its exclusive discretion, may modify the list of Qualifying Purchases from time to time.

Reward Points

The My Rewards is based on a points system that allows you to earn one point for each dollar or eligible equivalent amount in local currency charged to your Visa Card for Qualifying Purchases (each a “Reward Point”), provided your Visa Card account is current. The Issuer which issued the Visa Card will determine, at its exclusive discretion, whether or not your Visa Card account is current to earn Reward Points.

Reward Points are not your property. Reward Points are value only to redeem individual Rewards by the Cardholder. Reward Points have no cash or other value, except to redeem Rewards by the Cardholder on the My Rewards Account. You may not sell Reward Points, sell your My Rewards Account or transfer your My Rewards Account. If your Issuer allows it, you may transfer Reward Points and/or purchase Reward Points through charges to the Visa Card associated with the My Rewards Account. If the Visa Card associated with your My Rewards Account is a commercial or business product issued to you in your capacity as an employee or contractor, you, and not your company, will receive the Reward Points and be eligible to redeem them for Rewards.

Qualifying Purchase amounts, including tax, will be rounded to the nearest whole dollar amount to determine the number of Reward Points to be posted to your My Rewards Account. Reward Points for Qualifying Purchases posted during a calendar month shall be eligible for immediate redemption. Any returns, credits, or chargebacks earn “negative” Reward Points; such “negative” Reward Points will reduce the total Reward Points posted to the My Rewards Account. Occasionally, the Issuer may authorize an adjustment to your Rewards Point balance. These adjustments can be positive or negative.

If Visa or your Issuer improperly deny or fail to credit Reward Points duly earned by you for Qualifying Purchases or any other My Rewards Benefit, your exclusive remedy will be the issuance of the improperly denied Reward Points, Reward or benefit if available, or such other alternative comparable benefit as determined by Visa or the Issuer. In no event will Visa or the Issuer be liable to any My Rewards participant or anyone claiming through a My Rewards participant for any direct, indirect or consequential damages, or lost revenue or profits, arising out of Visa’s or the Issuer’s acts or omissions in connection with the My Rewards. If more than one card was issued in the card account (additional cards), your Issuer will determine the My Rewards Account or My Rewards Accounts in which the Reward Points will accumulate. If you have more than one Visa account, each account will earn Reward Points individually.

Redemption

You, or a person you’ve duly authorized, may redeem Reward Points at any time. Only you or a person you’ve authorized may access My Rewards Account information.

You can view your My Rewards Account Reward Point balance and online redemption activity at any time online at the Website (http://visacardholderapp.allegrarewards.com/). You can inquire about your Reward Point balance, points earned and online and offline redemption activity by calling our support team through the My Rewards mobile application.

Reward Points are redeemed on a “first-in, first-out” basis such that the first Reward Points earned will be the first Reward Points redeemed over the life of your My Rewards Account. Once a redemption order is placed, your My Rewards Account will be reduced by the number of Reward Points used to acquire the Reward. If the Reward order is cancelled or the Reward item becomes unavailable (and there is no substitute Reward available), the Reward Points will be reinstated and you will be notified of the cancelled Reward order.

Rewards

(this section is only applicable to Rewards managed by Visa; for Issuer Rewards, please see below)

All Rewards are subject to availability and have no cash value. For more availability, please provide at least 5 days advance notice for airline, hotel and car rental reservations and 15 days advance notice for cruise or travel package reservations. Rewards are void where prohibited by applicable law. Each Reward will be subject to terms and conditions specific to the Reward that will be provided to you in conjunction with the Reward. These terms and conditions may address such matters as the expiration date of the Reward; anticipated shipping time for the Reward; the purchase or other requirements to obtain or use the Reward; any warranties for the Reward; or any other limitations or restrictions on obtaining, retaining or using the Reward. Neither your Issuer nor Visa is liable to you if a Reward expires prior to your use of the Reward. An expired Reward will no longer be available for use or redemption. You are solely responsible for reviewing and understanding the terms and conditions applicable to the Reward.

Once a Reward is issued, redemption is considered final; no changes will be accepted and Reward Points are not reimbursable. Once redeemed, Rewards may not be replaced, reimbursed or exchanged for cash, credit or other Rewards under any circumstances. The Issuer, Visa, and participating merchants shall not be responsible for replacing lost, stolen or damaged Rewards.

All Reward reservations are subject to availability and must be booked through the Mobile application or via the Website’s online redemption system (http://visacardholderapp.allegrarewards.com/). No other reservations will be accepted. You must accept or reject any quotation provided by the My Rewards administrator by the response date and time indicated on the quotation or the Website’s online redemption tool, otherwise the quotation, along with any reservation already made, will be cancelled, and the related Reward forfeited. If you choose to make arrangements additional to those provided by the Reward, you are exclusively responsible for those arrangements, including but not limited to any costs associated with the additional arrangements or impact those arrangements have on the Reward and/or your ability to exercise the Reward. If a merchant imposes a charge for cancellation or changes, you will pay said charges and may not do so using Reward Points.

You are solely responsible for obtaining the proper documentation, visas, immigration documents, or any type of service to fill out and submit forms required by the authorities in each country. You are solely responsible for obtaining and maintaining in your possession valid proof of citizenship or naturalization, immunization certificates and/or visas required to travel or enter another country.

Travel-related Rewards will be treated as if purchased with the Visa Card associated with your My Rewards Account so that benefits (including but not limited to travel accident or loss of vehicle insurance, if applicable) available to you for purchases with your Visa Card will apply to Rewards as long as all taxes, charges and/or fees charged to you in connection with your redemption and/or utilization of the Reward are paid for in full with your Visa Card. You are solely responsible for reading and understanding the terms and conditions applicable to those benefits to maintain your eligibility in connection with the Reward. For any questions regarding the benefits available to you, please call the customer service telephone number indicated on the reverse of your Visa Card.

IMPORTANT: REWARDS UNAVAILABLE FOR TRAVEL OR ANY OTHER SERVICE OR BENEFIT RELATED TO CUBA, IRAN, SYRIA OR SUDAN. Please be advised that Rewards are not available under any circumstances for travel, hotel, car rental or any other type of benefit or service related to Cuba, Iran, Syria and Sudan. U.S. laws prohibit Visa from providing or facilitating any benefits or services related to Cuba, Iran, Syria or Sudan, including but not limited to the redemption of Rewards for benefits or services related to those countries. Please be aware of these limitations prior to making travel arrangements or using your Visa Card, and any benefits restrictions, that may apply in those countries. Exceptions to this prohibition are not permitted.

Issuer Rewards

Visa provides your Issuer the alternative to make offers managed by the Issuer available for redemption through the Website with your Reward Points (the “Issuer Rewards”). Issuer Rewards will be clearly marked on the Website and are subject to the terms and conditions established by your Issuer. Your Issuer is solely responsible for all aspects of the Issuer Rewards, including but not limited to the content of the Issuer Rewards displayed on the Website, the Issuer Rewards terms and conditions, redeeming the Issuer Rewards, and any customer service associated with the Issuer Rewards. Visa bears no liability for the offer, redemption or usage of Issuer Rewards. Please contact your Issuer for further information regarding redeeming Issuer Rewards.

Forfeiture of Reward Points

Your positive Reward Point balance will be forfeited if your Visa Card account is closed by you or by your Issuer, if your My Rewards Account is terminated by your Issuer (we will determine in our sole discretion what is a closed card account or a terminated My Rewards Account for this purpose) or upon death. You may not be provided with notice of expiration or forfeiture of Reward Points. Any fraud or abuse relating to the accumulation of Reward Points or redemption of Rewards will result in the annulment of all Reward Points earned under the My Rewards, as well as in the immediate cancellation of the My Rewards Account.

Expiration of Reward Points

When the Issuer elects to allow Reward Points to expire in your My Rewards Account, the Reward Points will expire on December 31 of the expiration year calculated after the date the Reward Points were obtained through a Qualifying Purchase. The Issuer will decide the expiration years for the Reward Points.

You are not entitled to compensation from the Issuer, from Visa or from any other entity when your Reward Points expire or if they are forfeited for any reason.

Rewards Delivery

There may be shipping or handling fee for delivery of the Rewards. Rewards generally will be sent within two to six weeks of placing your Rewards order. Shipping times may vary. Check the terms and conditions of the particular Reward for details. You are solely responsible for reviewing and understanding the terms and conditions applicable to the delivery of the Reward.

Upon requesting delivery of Rewards to an e-mail or physical address, the Cardholder accepts full responsibility for delivery of said Rewards. Once the delivery request is made by the Cardholder to an e-mail address this e-mail address cannot be changed until after the redemption process is complete. If the e- mail address is changed then the Cardholder needs to notify the Redemption Center within 24 hours.

Communication with My Rewards Participants

Visa may communicate with you regarding any matter related to the My Rewards via telephone or via electronic mail. To update, change, modify, or delete your My Rewards information, please contact your Issuer using the information provided in your Card Agreement.

To access the Website you need a Windows or Apple compatible computer, Internet access, a browser such as Microsoft Internet Explorer v. 8.0 or later, Google Chrome or Mozilla Firefox and an e-mail account. Additionally, you must have a password to access your information electronically or to conduct any activity online regarding your My Rewards Account on the Website.

If you would like to request a paper copy of these terms and conditions, or to withdraw your consent to receive electronic communications, contact your Issuer using the information provided in your Card Agreement. If you use the Website, we are not obligated to provide any additional hard copy communications to you (other than these terms and conditions).

At your option, you may choose to receive information of a promotional nature about the My Rewards. If you would like to change your consent to receive these promotions, please contact your Issuer using the contact information provided in your Card Agreement.

In addition, by enrolling in the My Rewards, you authorize Issuer and Visa to use information related to the My Rewards participation and the My Rewards Account (and information provided by you to participate in the My Rewards) to customize the My Rewards experience. This may include communicating special offers and featured Rewards and customizing the promotional information (if you choose to receive such promotions).

Canceling My Rewards Participation

You may cancel your participation in the My Rewards at any time by contacting your Issuer. The positive Reward Point balance in your My Rewards Account will be forfeited. Visa cannot cancel your participation in the My Rewards without receiving instruction from your Issuer.

Customer Service

(for all customer service related to Issuer Rewards, please contact your Issuer directly)

If you have a problem or question regarding whether you earned Reward Points from a particular purchase or other transaction, or want to know whether a Reward was properly redeemed or the status of your redemption order, or want to ask any other question regarding the My Rewards, you can reach the My Rewards Administrator via chat or video conference call through the My Rewards mobile application or contact your Issuer. The My Rewards Administrator will be available to receive Cardholder requests Monday through Friday from 7:00 a.m. to 7:00 p.m. (Eastern Standard Time). Visa reserves the right to modify customer service hours at any time and without notice.

If you contact Visa or your Issuer regarding an error or mistake with respect to your My Rewards Account, they will use reasonable efforts to investigate and correct the error or mistake, subject to the limitations set forth in these terms and conditions. In any event, you must notify us within 60 days of the posting date (or the date of the alleged error or mistake) in order for us to undertake an investigation of the matter. We may require you to provide written confirmation of the alleged error or mistake. If we do not receive the requested written confirmation within the time frame requested by us, we may in our sole discretion determine not to correct the alleged error or mistake. If we complete our investigation of the alleged error or mistake and notify you of our determination, we have no further responsibilities should you later reassert the same alleged error or mistake. All questions or disputes regarding the My Rewards, including eligibility, earning points, or redemption of points for Rewards, will be resolved by Visa and the Issuer in their sole discretion.

Please be aware that if you contact us via a mobile device, your wireless provider’s message and data rates may apply and you are responsible to your wireless provider for any such charges.

The Issuer, at its exclusive discretion and based on the terms and conditions, shall resolve all matters, disputes or controversies in connection with the My Rewards, including, without limitation, those related to transaction eligibility to earn Reward Points, the Reward Point cost for the Rewards and My Rewards eligibility.

Disclaimers and Limitations

Rewards are provided by a variety of merchants. The Issuer, Visa and their service providers are not responsible to you for the quality or performance of the Rewards, the products obtained with the Rewards, any act or omission by any provider of Rewards, availability of Rewards, whether redeemed or otherwise, disputes between authorized users regarding the My Rewards or for any other reason. Neither the Issuer nor Visa makes any guarantee, warranty or representation of any kind, express or implied, with respect to the Rewards, including but not limited to warranties of merchantability or fitness for a particular purpose. The Issuer and Visa are not liable for any injury, damage or loss to person or property or any expense, accident or inconvenience that may arise from the use of the Reward Points, or the use of the Rewards or products or merchandise purchased or obtained with the Rewards, or otherwise in connection with the My Rewards. Further, the Issuer and Visa are not responsible for merchants, manufacturers or other Rewards providers that discontinue or cancel a Reward due to bankruptcy or for any other reason. Neither the Issuer nor Visa makes any representation or endorsement of any Reward, merchant or other provider of a Reward in connection with the My Rewards. As stated earlier, the Issuer is solely responsible for all Issuer Rewards and communicating to you the applicable terms and conditions.

You hereby release and hold your Issuer, Visa and all parties associated with the My Rewards harmless from any claim, liability or damage relating to the My Rewards or your use of the Rewards (including Issuer Rewards), including, without limitation, physical injury or death. Notwithstanding anything in these Terms & Conditions to the contrary, the Issuer, Visa, and any of their service providers shall have no liability of any kind, including for direct, indirect and consequential damages, or lost revenue or profits, to you in connection with the My Rewards.

Any required arbitration or other dispute resolution process provided for in your Card Agreement shall apply to your participation in the My Rewards.

Every possible effort has been made to guarantee that the information contained in these Terms & Conditions is correct. However, Visa and the Issuer disclaim all liability due to errors or omissions in this information.

These My Rewards Terms & Conditions are governed by and to be interpreted in accordance with the laws of the State of California.

Privacy

All information collected in connection with the My Rewards is subject to your Issuer’s privacy policy, communicated to you in your Card Agreement.

Visa is a registered trademark of Visa International Service Association.

My Rewards APP

These Conditions of Use (“Conditions”) govern the access or use you may make, as a person, from any country in the world, of: applications, websites, content, products and services (the “Services”) made available by novae, a company with an established domicile in the state of Florida, United States of America (hereinafter “novae”), and a business group which, according to its local presence or corporate structure, may intercede through local companies that belong to such group without implying a lack of recognition by the group of the provisions contained herein, which are also accepted by the user in its entirety.

PLEASE CAREFULLY READ THESE TERMS & CONDITIONS BEFORE ACCESSING OR USING THE SERVICES.

By accessing and using the Services, you agree to be legally bound by these Conditions, which establish a contractual relationship between you and novae. If you do not accept these Conditions, you may not access or use the Services. These Conditions expressly supersede any agreements or commitments previously established between novae and you. novae may immediately cease imposing these Conditions or any of the services with respect to you or, in general, stop providing or deny access to the Services or any portion thereof, at any time, and for any reason.

Additional conditions may apply to certain Services, such as policies for a specific service, benefit or special promotion, and these additional conditions will be included with each of the products or communicated to you in connection with the applicable Services. Additional conditions are set in addition to the Conditions, and shall be considered a part of these, for the purposes of the applicable Services. The additional conditions will prevail over the Conditions in the event of conflict with respect to the applicable Services.

novae may modify the Conditions associated with the Services, products or benefits whenever deemed appropriate. The changes will be effective after the dissemination by novae of these updated Conditions or the amended policies or additional conditions on the applicable Service. Your access and continued use of the Services after such dissemination constitutes your consent to be bound by the Conditions and any modifications.

The collection, use and disclosure of personal information in connection with the Services is, as set out in the privacy policy of novae, available at https://www.allegra.global. novae may provide a claims processor or insurer with any necessary information (including your contact information) if any complaints, disputes or conflicts arise as a result of a service or benefit acquired on the platform, in connection with you and a third party, and if such information or such data were necessary to resolve the complaint, dispute or conflict.

The Services

The Services are comprised of a technology platform that enables users to access novae’s mobile applications or websites, offered as part of the Services (each one, an “Application”), organize and plan the acquisition of services, benefits or shopping through third-party providers of such services, including independent third-party carriers and independent third-party logistics providers, as part of an agreement with novae or some affiliates of novae (“Third-party providers”). Unless novae express it otherwise and in writing through a separate contract with you, the services and benefits are made available only for your personal and non- commercial use. YOU ACKNOWLEDGE THAT novae DOES NOT PROVIDE SERVICES NOR GRANTS BENEFITS DIRECTLY AND THAT THESE ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS, WHO ARE NOT EMPLOYED BY novae OR BY ANY OF ITS AFFILIATES SINCE THEY FUNCTION AS THIRD PARTIES, AND THEIR RELATIONSHIP WITH novae IS PURELY COMMERCIAL FOR THE DELIVERING OF THEIR GOODS, SERVICES OR BENEFITS.

Licensing

Subject to the compliance of these Conditions, novae grants you a limited, non- exclusive, non-sublicensable, revocable, non-transferable license for: (i) access and use of the Applications on your personal device, only in connection with your use of the Services; and (ii) access and use of any content, information, and related material that can be made available through the Services, in each case only for your personal and non-commercial use. novae and its licensors reserve any rights that have not been expressly granted herein.

Limitations

You may not: (i) remove any copyright, trademark or other notice of ownership of any part of the goods or services; (ii) reproduce, modify, produce derivative works from the Services, distribute, license, lease, resell, transfer, publicly display, publicly present, transmit, retransmit or otherwise exploit the Services, except as expressly permitted by novae; (iii) decompile, reverse-engineer or dismantle the Services, except as permitted by applicable law; (iv) link, reflect or frame any part of the Services; (v) trigger or launch any program or script with the object of extracting, indexing, analyzing or otherwise conducting data prospecting of any part of the Services or overloading or improperly blocking the operation and/or functionality of any aspect of the Services; or (vi) attempt to obtain unauthorized access or damage any feature of the Services or their related systems or networks.

Provision of Services

You acknowledge that some parts of the Services and benefits may be made available under various brands and options as established by novae, and according to its multiple business partnerships and alliances. You also acknowledge that the Services and benefits may be available under those marks or option orders by or in connection with: (i) certain subsidiaries or affiliates of novae; or (ii) third-party providers independent, including package delivery company and their drivers, authorized transportation permit holders or permit holders, authorizations or similar carrier licenses in addition to all those providers of services that make up our platform, as well as businesses that are part of the commercial network that novae has made available on its applications.

Services and content from third parties

The Services and benefits may be made available or accessible in relation to services and content from third parties (including advertising) which novae does not have any control over. You acknowledge that different conditions and privacy policies may apply to the use of such services and content the from third parties. novae does not maintain such services, provisions and contents from third parties and under no circumstance will novae be responsible for any product or service of such third-party suppliers. Moreover, Apple Inc., Google, Inc., Microsoft Corporation o BlackBerry Limited and/or their respective subsidiaries or international affiliates will become third-party beneficiaries in this agreement if you access the Services using applications developed for mobile devices with iOS, Android, and Microsoft Windows systems, respectively. These third-party beneficiaries are not part of this agreement and are not responsible for the provision or support of the Services in any way. Your access to the Services using these devices is subject to the conditions set out in the service terms of third-party beneficiaries, as applicable.

TANGIBLE & INTANGIBLE PROPERTY RIGHTS

You agree that novae retains all rights, titles, intellectual property and interests of all parts of the products, services, related software, development of technological platforms known as ASPH (ALLEGRA), handy, mCard, Pay now and related products, their modifications, extensions or any work resulting from the same that are part of the integrated platform that is made available to the users, either natural persons or entities related to novae, as well as the strategies and business models provided by novae.

The parties, whether financial institutions, customers, companies or any user, acknowledge and agrees that the specific structure and designs of ASPH, allegra, handy, mCard, Pay now and derivative works, as well as other design and technical rights (know-how) related to the solutions and tools (including any modification or enhancement) are and will remain the sole and exclusive property of novae. User parties shall not sell, use, disclose, deliver, or communicate, either directly or indirectly, any part of the tangible and intangible tools or solutions mentioned herein to any person, company or institution of any nature, except for the purposes stipulated herein.

It is expressly understood that there is no transfer of title to any user of the aforementioned tangible and intangible property rights and properties. Property rights on trademarks, names, logos and emblems used by each party are their exclusive property or that of their business partners. Therefore, its use is not at any time a right or participation of the property to the other party.

The purpose of the present is limited solely to the use of trademarks, names, logos and emblems for communications which will be sent to Customers and members who are part of the commercial strategy and their use in any other medium and time is forbidden.

No user may utilize the brand, name, logo and emblem or any other sign or symbol that distinguishes it without prior authorization from novae.

PROCEDURES TO BE FOLLOWED WHEN EVIDENCE OF ALTERATION OR MISHANDLING OF EQUIPMENT AND INFORMATION IS FOUND.

The party that accidentally has access to the other party’s equipment or if an accident should happen involving information of the other party, shall inform of the incident in an effective and timely manner, as well as the changes, alterations or modifications that have affected the information. The party shall also undertake the necessary corrective actions without delay whenever it notices an alteration or unauthorized mishandling has taken place.

Trademarks.

Some of the names, logos, and other materials appearing on the Sites or Services may include trademarks, trade names, service marks or logos (“Marks”) belonging to novae or other entities. You are not authorized to use such marks without the prior and express written permission of novae. The property of all these marks and goodwill associated with it remain ours or belong to those other entities.

Use of the Services. User accounts

In order to utilize the most features of the Services, you must register and maintain an active personal user account in the system, known as Visa Checkout, so that you can make use of the Services (“Account”).



To obtain an account you must be at least 18 years old, or be of legal age in your jurisdiction (if different than 18). The account registration requires you to share certain personal information and data necessary for the proper functionality of novae applications, as well as at least one valid payment method (either a credit card or an accepted method of payment).

By accepting these terms and conditions you affirm that you agree with the terms and conditions, as well as the privacy policy to use the Visa Checkout tool. Nonetheless, these terms and conditions can be viewed in their entirety by accessing the following web links:

https://secure.checkout.visa.com/pages/terms?country=CO&locale=es-CO https://secure.checkout.visa.com/pages/privacy?country=CO&locale=es-CO

You agree to maintain and promptly update your information, should it change, so that it stays current, complete and accurate. Failing to keep the Account information accurate, complete and up-to- date, including having an invalid or expired payment method, may result in your inability to access and use the Services or in novae’s decision to exercise these Conditions. You are solely responsible for your Account activity, and it is your sole responsibility to protect your password from unauthorized use.

Policies for user conduct.

You may not authorize others to use your Account; likewise, you may not permit persons under the age of 18 to receive services from third-party suppliers, unless those are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You specifically agree to comply with all applicable laws when using the Services and you may only use the Services for legitimate purposes. While using the Services, you will not cause interference, aggravation, inconvenience, or damage to property, to the third-party provider, as well as any other party. In some cases, you may be required to provide identification for accessing or using the Services, and you agree that you may be denied access to or use the Services if you refuse to provide such identification.

Alerts or notifications

By creating an account, you agree that novae, for the provision of the Services, may send you text messages, emails or notifications as part of the normal business activity of your use of the Services. You may opt out of receiving future messages at any time by sending an email to: privacidad@novae.com indicating that you do not want to receive such messages anymore and also, through this means, exercise your rights against the use of personal data. You acknowledge that opting out of receiving messages may affect the use you make of the Services.

Promotional codes and specific offers.

novae may, at its sole discretion, create promotional codes or strategies that may be redeemed for Account credit or other items or benefits related to the Services and/or benefits of the platform or a third-party supplier, subject to any additional conditions novae may establish on the basis of each promotional code (“Promotional codes”) or strategies. You agree that the Promotional codes: (i) should be used lawfully for the audience and the intended purpose; (ii) may not be duplicated, sold or transferred in any way, or made available to the general public (whether published in a public forum or otherwise), unless this is done with novae’s permission; (iii) may be voided by novae at any time for any reason without liability to novae; (iv) may be used only in accordance with the specific conditions novae establishes for such promotional code; (v) do not have monetary value unless established so and reported by novae; and (vi) may expire before you use them. novae reserves the right to withhold or deduct the credit or other items or benefits obtained through the use of Promotional codes by you or any other user in the event that novae determines or believes that the use or redemption of the Promotional codes promotes were incorrect, fraudulent, unlawful or infringed the Promotional code conditions or these Conditions.

BENEFIT PER TRANSACTION OR TOKENIZATION OF CARDS

In the case of a defined benefit and the term established by novae for this purpose, and as a consequence of the transaction and/or card tokenization on the different websites, applications and partner or linked systems novae offers to users, you, the cardholder and by accepting these terms and conditions, acknowledge that you will obtain, free of charge and for a period of thirty (30) days, a mCard Privilege that will allow you to enjoy all the product services and benefits without any limitation.

Likewise, and once the initial thirty (30) day period has passed after the activation of this product, the user accepts and acknowledges that he/she should call to terminate their registration at this telephone number: 57 1 3525925, to express their desire of not continuing with the product mCard Privilege, novae will be fully empowered and authorized to extend the mCard Privilege for a period of one (1) year that will allow the user to continue enjoying the benefits, coverages and services of said product. The cost involved will be charged to the tokenized card used during the initial product registration as a result of your transaction or tokenization. If the user already owns an mCard Privilege, the validity of the product will commence after this new conferment, thus voiding the previous product. This product will apply by user and not by the number of tokenized cards; likewise, the same current terms and conditions will apply to each coverage, services and benefits.

Content provided by User.

novae may, at its sole discretion, allow you, when deemed appropriate, to send, upload, publish or otherwise make available to novae, through Services, audio and/or visual content and text, including comments and opinions relating to Services or benefits, initiation of support requests, and presentation of admissions for contests and promotions (“User content”). All user content provided by you will remain your property. However, by providing User content to novae, you grant a worldwide, perpetual, irrevocable, transferable license, free of royalties, with the right to sub-license, use, copy, modify, create derivative works from, distribute, display publicly, present publicly or otherwise exploit in any way such User content, in all formats and channels of distribution, now known or invented in the future (including those in connection with the Services and novae’s businesses and on third-party sites and services), without further notice or consent from you and without requiring payment to you or to any other person or entity.

You represent and warrant that you are: (i) the sole and exclusive owner of all User content or that you have all rights, licenses, consents and permissions to grant to novae the license to the User content as established above; and (ii) neither the User content or its presentation, loading, publication or availability of otherwise of such User content, or the use by novae of the User content as it is herein permitted, will infringe, misuse or violate the intellectual property or intellectual property rights of a third party or the publicity or privacy rights, or result in the violation of any law or applicable regulation.

You agree not to provide User content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive, as determined by novae, at its sole discretion, so if this material can be protected or not by law. novae may, at its sole discretion and at any time and for any reason, without prior notice, review, control or delete User content, without being required to do so.

Network access and devices.

You are responsible for obtaining access to the data network needed to use the Services. Rates and data rates and your mobile network messages may apply if you access or use the Services from a wireless device, and you will be responsible for such fees and rates. You are responsible for acquiring and updating the compatible hardware or devices necessary to access and use the Services and Applications and any updates thereof. novae does not warrant that the Services, or any part thereof, operate in any hardware or particular device. In addition, Services may be subject to dysfunction or delays inherent to the use of the internet and the electronic communications.

Charges.

You understand that the use of the Services or benefits may result in charges for goods or services received from a third-party supplier (“Charges”). For this, novae, under its bonding and licenses issued by VISA and CyberSource, performs the tokenization of the payment method provided by the user to pay for goods or services, either through products offered directly by novae or through the connection to platforms or business partners or associated with the novae Group.

Once you have received the services or obtained the property through the use of the Services, novae, acting as a limited billing agent, will facilitate your payment of the applicable Charges on behalf of the Third-party provider and in some specific cases on behalf of novae or its partner companies as appropriate. The payment for the Charges in this way shall be considered as the payment made directly by you to the Third-party provider. Charges will include applicable taxes as required by law. Charges paid for by you are final and non-refundable, unless novae determines otherwise. You still have the right to seek lower Charges from a Third- party provider for goods or services received by you from such Third-party provider at the time of receiving such goods or services. novae will respond accordingly to any request from a Third-party provider to modify the Charges for a specific service or good, which will be modified on the platform or the applications.

All Charges are due immediately and payment will be facilitated by novae using the preferred payment method indicated on your Account or the one chosen by you at the time of the transaction, and after that novae will send you a receipt via e-mail or you will be able to view it in the application module designed for this purpose.

novae, at any time and at its sole discretion, reserves the right to establish, eliminate and/or adjust the Charges for some or all of the goods or services obtained through the use of the Services. Furthermore, you acknowledge and agree that the applicable Charges in certain geographical areas may increase substantially and generate additional fees. novae will employ reasonable efforts to inform you of all Charges that may apply, provided you are responsible for such Charges incurred on your Account, regardless of that you are aware of such Charges or any amounts as result of these novae may, when deemed appropriate, provide to certain users with promotional offers and discounts that can result in the collection of different fees for these or similar goods or services obtained through use of the Services, and you agree that such promotional offers and discounts, unless they also become available, will not be reflected in your use of the Services or the Charges applied to your Account. You may elect to cancel your goods or services of a Third-party provider at any time before such goods or services from third-party provider are rendered, in which case a cancellation fee may apply in accordance with the policies established by the third-party providers and all applicable regulations.

This payment structure is intended to compensate the Third-party provider in full for the goods or services provided and, in some cases, there is the possibility of including gratuities in the Application; however, novae does not designate any part of your payment as a gratuity or reward to the Third-party provider. Any suggestion by novae, in the sense of adding a tip is “voluntary,” “not required,” or “included” in the payments for the goods or services rendered is not intended to imply that novae incorporates additional fees, apart from those described above, to the Third-party provider. You understand and agree that, while you are free to add an additional payment as a reward to any Third-party provider who delivers goods or services obtained through the Services, you have no obligation to do so. Gratuities are at will and as you think fit. Once you have received the goods or services obtained through the Services, you will have the opportunity to rate your experience and leave add your comments regarding the Third-party provider.

All payments for goods and services requested or acquired through applications and the platform made available by novae and contained herein shall be paid for by making use of the application and the payment method registered by the user, as an unavoidable obligation to comply with the service or delivery of goods. novae shall not be liable and will not comply with the obligations contained herein, in the event that the user makes payments through mechanisms other than those established in the application made available to the user.

LIMITATION OF LIABILITY

novae WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING PROFITS, LOSS OF DATA, PERSONAL INJURY OR DAMAGE TO PROPERTY, OR FOR RELATED DAMAGES, OR IN CONNECTION WITH, OR OTHERWISE DERIVED FROM ANY USE OF THE SERVICES, EVEN IF novae HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. novae WILL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSS ARISING OUT OF: (I) USE OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, ALTHOUGH novae HAD BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. novae NOT BE LIABLE FOR THE DELAY OR NON-PERFORMANCE RESULTING FROM CAUSES THAT GO BEYOND THE REASONABLE CONTROL OF novae, WITH THE EXCEPTION OF COVERAGE PROVISIONS AND GUARANTEES WHETHER OFFERED BY novae AS A RESULT OF THE ACQUISITION OF MCARD AND OTHER MEANS MADE AVAILABLE BY novae TO USERS OF ITS PLATFORM OR MOBILE APPLICATIONS.

YOU MAY UTILIZE THE SERVICES OF novae TO REQUEST AND SCHEDULE SHIPPING, GOODS OR LOGISTICS SERVICES WITH THIRD-PARTY SUPPLIERS, BUT YOU ACCEPT THAT novae HAS NO RESPONSIBILITY TO YOU IN CONNECTION WITH ANY SHIPPING, GOODS OR LOGISTICS SERVICE PROVIDED TO YOU BY THIRD-PARTY PROVIDERS THAT IS NOT AS STATED EXPRESSLY IN THESE CONDITIONS. LIMITATIONS AND WAIVER IN THIS SECTION ARE NOT MEANT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity.

You agree to hold novae harmless and respond to and its members, business or associates for any claims, demands, losses, liabilities and expenses (including attorney’s fees) that arise from: (i) your use of the Services or goods or services obtained through your use of the Services; (ii) your breach or violation of any of these Conditions; (iii) the use by novae of your User content; or (iv) your violation of the rights of any third party, including Third-party providers.

This Agreement shall be governed in all respects by the applicable laws in novae’s domicile as indicated in this Agreement.

Disputes arising between the Parties shall be subject to the decision of a court of arbitration, governed and recognized according to the applicable rules in force to this mechanism for resolving disputes in novae’s domicile.

Consumer Protection.

The service providers or suppliers of goods will facilitate the right of return for their customers under the terms of article 47 of Act 1480 from 2011, or any regulation that supersedes it or replaces it.

novae shall reverse the payments made by the users pursuant to article 51 of Act 1480 from 2011.

Arbitration clause (domestic arbitration).

Any controversy or difference connected with this contract, will be resolved by an Arbitration Tribunal, and submitted to the Arbitration and Conciliation Center of the Chamber of Commerce of Bogota and will be subject to its regulations and their procedures, in accordance with the following rules:

  • A. The Tribunal shall be comprised of one (1) or three (3) arbitrators, based on the disputed amount, and designated by the parties’ mutual agreement. Whenever such an agreement is not possible, the arbitrators shall be appointed by the Arbitration and Conciliation Center of the Chamber of Commerce of Bogota.
  • B. The Court will make the final decision..
  • C. The Court will convene on the premises of the Arbitration and Conciliation Center of the Chamber of Commerce of Bogota.
  • D. The Tribunal’s secretariat will be made up of a member from the official list of secretaries of the Arbitration and Conciliation Center of the Chamber of Commerce of Bogota.
Arbitration clause (international arbitration)

All disputes arising from the present contract or in connection with it should be finally settled under the Rules of Arbitration for International Trade of the Chamber of Commerce of Bogota by one of the arbitrators appointed under this Regulations. The language of the arbitration shall be Spanish. The Tribunal will operate out of the Arbitration and Conciliation Center of the Chamber of Commerce of Bogota.

Medical and travel assistance

Medical benefits are managed by novae under a master policy and insured by Lloyd’s syndicate #2012 ALL. In the case of any conflict between the summary of services and provisions of the master policy, the master policy shall prevail. Certain insurers in Lloyd’s of London (“Subscribers”) will provide the benefits described in the product, in consideration for the payment of the premium. The subscriber agreement is subject to all the terms, conditions, provisions and exclusions which will be available for viewing, including the declaration, and documentary evidence, benefits and/or endorsements included herein.

For all cases, the Terms and Conditions established in the master policy will prevail.

 

novae has been designated by the independent insurance companies to Lloyd’s syndicate #2012 ALL as the Plan Administrator, providing coverage for additional services not covered in the master policy of Lloyd’s syndicate #2012 ALL.

All communications, notifications and payment of the premium required under this Policy will be passed to and from the insured through the Plan administrator.

ClickHelpNet LLC, a member of novae, has been designated by the insurance companies as administrator for the coordination of services and benefits included in the policy. All communications, notifications and payment requirements included in the regulations will be directly processed through the claims administrator.

Other provisions.

Claims of copyright infringement.

Claims of copyright infringement should be sent to novae’s designated agent. Visit novae’s website at https://www.allegra.global to obtain the corresponding mailing addresses and additional information, and, in any case, such claims may be sent to: Calle 70 #7-40, Bogota D.C., Colombia.

General provisions.

You may not assign or transfer these terms, in whole or in part, without the prior written consent from novae. You give your approval to novae to assign or transfer these terms, in whole or in part, including to: (i) a subsidiary or an affiliate; (ii) an acquirer of capital of the business or the assets of novae; or (iii) a successor by merger. It does not exist between you, novae or any Third-party provider a joint venture or partner relationship, employment or agency as a result of the contract between you and novae or the use of the Services.

If any provision in this Agreement shall be held to be unlawful, invalid or unenforceable, in whole or in part, pursuant to any law, such provision or part shall be deemed not to be part of this Agreement, and the legality, validity and enforceability of the remainder of this Agreement shall not be affected. In such case, the Parties shall replace such unlawful, null or unenforceable provision, in whole or in part by a legal, valid and enforceable provision which, as far as possible, has an effect similar to that which had the illegal, null or unenforceable disposition given the contents and the purpose of such Conditions. These Conditions constitute the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter. Under these conditions, the word “included” and "includes/include” mean “included, in a purely declarative manner.”

handy mCard

handy mCard is a virtual product that offers membership, services and benefits designed by novae and complemented with various goods, services and benefits offered by business partners or third parties related to novae, that has been conceived as the first universal, smart, virtual card that allows access to goods and services included and accessible through novae’s handy application.

By acquiring the mCard, you acknowledge and agree that the benefits granted by novae have been offered in order to provide you with the best services possible and, therefore, you agree to the provisions contained herein.

By acquiring the handy mCard in any of its categories, you agree that at the end of its term, and making use of the same payment method used for its original purchase, novae will perform the renewal (acquisition) for a period equal to the initial one issuing a new handy mCard. However, and prior to the expiration of the initial card, you can express your desire not to renew and you can also indicate your desire to modify the handy mCard initially acquired with the purpose of obtaining the coverage, services and benefits according to the card’s category. The services and benefits for each tier of the handy mCard can be viewed at www.allegra.global and also on the handy application.

Goods, services and benefits awarded to handy mCards must be used and obtained through the features provided on novae’s handy U application and the integration with Pay now (an exclusive novae product, as mentioned herein).

By acquiring the handy mCard, the user will receive the conditions and particular clauses according to the kind of membership acquired via the email address provided or these can be viewed at www.allegra.global.

With the acceptance of this contract, the user expresses his acceptance and is aware that novae will be able to make changes in the configuration of products and services offered through the handy mCard, which will be communicated through notifications via the Application or through other means, such as the email address provided by the user during the registration.

By acquiring the handy mCard, and according to its category, the user receives services with national and international coverages, as well as benefits on the goods or services acquired from the moment the mobile application handy U has been activated. Such benefits, goods or services may vary according to the chosen category and can be viewed at any time on the website www.allegra.global.


All handy mCard holders will enjoy the following benefits, as long as payments for the goods and services are made through the Pay now platform and the handy U application:  

  • 1. For all purchases made on handy’s Market, one percent (1%) over the value of the product purchased prior to applicable taxes. This benefit will be applied and credited to Pay now the day after the purchase is made, so that the user can use it on future purchases at their discretion.
  • 2. Five percent (5%) in rewards on all purchases made in the Travel module for hotels and concierge. This benefit will be made effective immediately and will be reflected in the value of the service purchased.
  • 3. Ten percent (10%) in rewards on all services requested in the “Services” module before applicable taxes. This benefit will be made effective immediately and will be reflected in the value of the service purchased.
  • 4. For all payments made in the “Restaurants” module, one percent (1%) on the amount spent before any applicable taxes. This benefit will be applied and credited to Pay now the day after the purchase is made, so that the user can use on future purchases and at their discretion.
  • 5. For all purchases and payments made in the “Store” module, one percent (1%) on the amount spent before any applicable taxes. This benefit will be applied and credited to Pay now the day after the purchase is made, so that the user can use it on future purchases and at their discretion.

For all purposes as indicated in the previous 5 paragraphs, it is understood that one (1) point is equal to one (1) U.S. dollar, which will be tied to the exchange rate of the date the purchase is made.

PAY NOW

Pay now is the exclusive and innovative mobile payment method integrated with Visa Checkout (Visa Checkout is a registered trademark of Visa International Service Association and is used by allegra of novae under license from Visa USA Inc Agreement / Copyright © 2016 novae.) The terms and conditions of Visa Checkout can be consulted directly with Visa) which provides the option of paying electronically with credit or debit cards registered with the handy application. You can also make single or split payments, and enjoy the benefits and rewards provided by novae while using the handy mCard, as well as the loyalty programs from financial institutions that have joined the novae platform.

The financial institutions loyalty programs will operate according to their own regulations, as well as the terms and conditions of such programs, and novae has no responsibility for their conferment, compensation or expiration.

With Pay now the user can integrate their credit cards through Visa Checkout, and thanks to the Visa-novae integration the user can make their purchases using other payment method registered on Visa Checkout, either solely using such payment method or by combining it with their points (rewards), based on their preference and without any limitation.

The registration of the payment method on Visa Checkout will be completed according to the rules, as well as the terms and conditions of the Visa Checkout system, which will be made available to the user on this platform.

Furthermore, the handy mCard and its services and benefits, as indicated herein, will be integrated with Pay now and through this the user may make use of the benefits listed, based on the category of the handy mCard acquired, which will be integrated directly into the handy application and will operate freely on Pay now.

Being Pay now a universal and comprehensive payment method that allows the user to exercise the complete ownership of the application handy, its use is solely the responsibility of the user and novae will not be responsible for the payment method selected or any purchases made by the user, but only in accordance with the provisions contained herein.

All the functionalities of the handy application will be linked to Pay now, so that payments for goods, services or benefits acquired by the user can be made, according to their choice and responsibility.

By entering this contract, you agree that you are solely responsible for the fulfilment of the obligations arising from the economic exchange with the commercial establishments which you choose to use, and also, due to the commercial integration that novae, its business partners and others maintain, payments for goods or services through Pay now will be equally restricted to the capacity and extension of the places where these payments can be made.

By entering this contract, you understand and agree that in the event of misuse of your device and Pay now by a third party, whether by licit or illicit means, such as theft of such device, novae will not be liable for any purchases and misuse of the same since, in good faith, we understand that such purchases are made knowingly and willfully by the owner, until we are notified otherwise.

Purchases or transactions made at participating establishments that make up the handy and Pay now network are your sole responsibility. novae only operates as an intermediary for the transfer of resources and payments, so novae does not assume any responsibility for the exchange operations.

MARKET

The “Market” module showcased in the handy application operates under the MARKETPLACE structure, allowing the display (offering) and marketing of products and/or services by companies under the concept of sellers (thereinafter the “SELLERS”) who operate independently from novae and its business partners or operators.

It is understood that Market is a contact link between SELLERS and USERS, under the terms of article 53 of the Act 1480 from 2011. novae does not hold any positions or contractual obligations within the transaction carried out between USERS and/or CUSTOMERS and the SELLERS. In any case, novae may not qualify as a provider, merchant, vendor or reseller of the products and/or services offered by the SELLERS under this form of trade.

Through the handy application, SELLERS offer goods and services. Such offerings may be accepted by electronic means, using the tools the application provides for this purpose. Any acceptance of an offer is subject to the suspensive condition that the MERCHANT validates the transaction. Consequently, for any operation that takes place in this module, the confirmation and/or validation or verification by the MERCHANT shall be an unconditional requirement.

To validate the transaction, the MERCHANT shall verify: i) That validates and accepts the payment method utilized by the USER and/or CUSTOMER, ii) That the information registered by the USER and/or CUSTOMER on the website matches that which was provided when accepting the offer (iii) That the payment is made by the USER.

The consent to purchase shall be formed from the moment of receiving the confirmation of the product or service purchased. The acceptance of the offer made by the USER is irrevocable except under certain exceptional circumstances, such as the MERCHANT makes significant changes to the description or images of the item after the offer is made, or that there is a clear typographic error. Additionally, it is understood that the applicable Colombian laws for the protection of consumer rights shall be observed.

Notice: The sale and delivery of products and/or services is subject to their availability. When a product is not available, novae will notify the customer immediately and will refund the original purchase price.

1. TERM OF VALIDITY OF THE OFFER AND PRICE

The term of validity of the offer is that which coincides with the effective date indicated in the promotion or, by virtue of, the depletion of quantities of products and/or services available for such promotion, the one that occurs first, and which are to be informed to the USER and/or CUSTOMER. Whenever a promotion does not indicate an expiration date, it is understood that the promotion will end when supplies last.

The prices for products and services available on the Site, as they are published on it, will only be valid on this, and shall not apply to different sales channels used by SELLERS, such as physical stores, telephone sales, other electronic means, and catalogues, among others. The prices for products offered on the Site are expressed in U.S. dollars.

SELLERS may modify any information contained on this site, including those related to products, services, prices, stocks and conditions, at any time and without notice, until the moment of receiving an acceptance of purchase, which will require that the SELLER, subject to the validation conditions previously stated, i.e., once the consent to purchase for a specific transaction is established.

The USER and/or CUSTOMER will be responsible for any charges related to the shipping, handling and insurance of the purchased products and/or services in the Market module. Likewise, you should be responsible for all sales taxes, value- added taxes, and other taxes and charges under applicable Colombian laws, as a result of each transaction made. All taxes as a result of a purchase will be collected at the moment of purchase on this Site, and therefore you will know the exact amount to be paid, which will include all of the above charges and fees.  

Promotions offered in the handy’s Market are not necessarily the same that may be offered by other sales channels used by SELLERS (physical stores, telephone sales, catalogues and others), unless it is expressly stated by the SELLERS during each promotion. Whenever certain promotions are offered in the Market that include free or discounted shipping and/or delivery as a result of purchasing a second product, both products, shall be delivered at the same physical address. The MERCHANT acknowledges that their promotions and promotional activities shall comply with the regulations and, specifically, the provisions of Act 1480 from 2011 and its regulations. novae will not be liable nor will carry out any deliveries.

The goods and/or services purchased via the handy’s Market will be subject to the shipping and handling conditions as chosen by the USER and/or CUSTOMER. It is understood that the shipping address information for the delivery of the goods or services is the sole responsibility of the User. Shipping methods and times are estimated from the moment the MERCHANT has confirmed the purchase order and the payment method used, and only regular business days will be used to determine delivery times.

Products will be delivered at the address the BUYER provides at the time of purchase, within the agreed delivery times during regular business days. This period will start the date on which novae accepts the corresponding purchase offer, as long as novae is not hindered by unforeseeable reasons or the provider has delayed the delivery, as a result of any fortuitous events or force majeure.

It is understood that any person who is at the address where the delivery is expected must be duly authorized by the customer to accept your order. Therefore, novae and its affiliates and providers are exempt from any liability for the delivery that is carried out, provided that it is done at the address registered by the User.  

novae shall notify the buyers users, either by e-mail, text messages or other available means, the information required for tracking the shipment status online. In the event that the buyer is absent at the time of delivery, and no one is available at the registered address, a notice, showing the time and date of the delivery attempt, will be provided. The USER and/or BUYER has three (3) working days for the first attempt, so a new delivery attempt of the order shall be made. In the event that no one is available to accept the product a second time, third attempt shall be made, and if failed, the product will be returned to novae or the provider. From that moment, the customer (USER and/or BUYER) shall be responsible to contact novae within a period not greater than three (3) calendar days for the product to be shipped again, in which case the expenses generated by the same shall be borne by the customer, and until such fees are not paid for, novae cannot authorize the operation.

For products and/or services of restricted use, including, but not limited to, tobacco and spirits, a person of legal age (at least 18 years old) should be available to receive the product; otherwise, the order will not be delivered.

Notice: The shipping and delivery of the products will be the sole responsibility of the seller under novae’s supervision.

Any request for exchanges or refunds and warranty claims shall be made by the USER and/or CUSTOMER through the means of contact provided in the handy application, the physical address provided by us, or by calling us at + 57 1 4862014. novae will proceed, under the process that has been pre-established for this purpose, to make the changes and accept returns of products and/or services, in accordance with the limitations of guarantees conferred by the respective SELLER, or in accordance with the law.

Provided that the request for exchange or refund is submitted for reasons not attributable to neither the MERCHANT or novae, the credit for the exchange or return will be the net amount that was paid, but excluding any shipping and insurance charges, all of which shall be borne by the BUYER.

For products that are not covered under any warranty, the MERCHANT may, at its discretion, provide an exchange or accept the return. The MERCHANT shall only be required to accept product exchanges or returns without warranty, when at the time of the delivery of the respective product, it is determined that the product’s features do not match those shown on the Site, or that such product is damaged or expired.

In the event of an exchange or return by novae, the BUYER will be notified via e- mail. If no answer is received within a maximum of five (5) business days, the BUYER will be contacted using the phone number provided at the time of registration or purchase.

2. REVERSALS

In the event a product is not available, you can exchange it for a different one or a bonus equal to the same value of the purchased item will be applied. Under no circumstance shall novae or the MERCHANT perform partial reversals, and all must be equal to the total amount paid for the corresponding transaction, except in certain situations where there is evidence that the USER and/or CUSTOMER has been a victim of fraud.

Reversals are subject to repurchase, changes or refunds approved under these TERMS AND CONDITIONS. By no means, a reversal will be carried out because of other reasons.

3. EXCHANGE AND RETURN POLICIES AND RIGHTS

Customers are given the possibility to return their purchases, pursuant to Consumer By-laws. So, the USER and/or CUSTOMER may exercise their right to return the product within (5) five working days after receiving the good, as long as it is in working condition, and the packaging is in the same condition in which it was received. The reversal transactions will be made for the amount paid for the product by the BUYER. In any case, novae will make partial reversals of the amount paid for a product.

Products that, by their characteristics and conditions of use, cannot be returned by exercising the rights of return include: compact discs, video games, jewelry, and personal care products.

All consumers (users/buyers) may exercise the right of return by fulfilling the conditions stipulated for this purpose. Whenever a product meets certain conditions for exercising the right of return, this will be specified in the product description.

After exercising the right of return, MERCHANT shall have the obligation to comply with the return policies and conditions in the handy’s Market. In the event no policies and specific conditions are provided by the MERCHANT, the customer/user shall follow the instructions that will be sent via mail.

4. GENERAL CONDITIONS FOR RETURNS
  • f. The returned product must be free from any damage or be tampered with.
  • g. The product must have all labels, bill of sale, accessories and original packaging. This includes usage guides, manuals, certificates of guarantee, among others.
  • h. The product must not show signs of usage, dirt or wear and tear.
  • i. The product must be returned within FIVE (5) business days after delivery.
  • j. The product to be returned should not be perishable, or of intimate or personal use.
5. RETURNS & REFUNDS POLICY

We will refund the money on the card used for the purchase within 15 to 25 business days after novae or the seller receives the returned item. These times may vary and directly depend on the customer’s financial institution. The reversal transaction will only apply to refunds made on the full amount of the purchase.

Only under these conditions, customers will receive a full refund for their purchases. Otherwise, the product will be returned to the customer and no refund shall be applied.

6. WRONG PRODUCT RETURN CLAIMS

In the event that the customer receives a product different from that described on the site at the time of purchase, the following procedure should apply in order to verify the validity of the claim.

The customer must reorder the product within the next 48 hours after receiving the wrong product, and include images of the wrong product to support the claim.

Once the customer has carried out the aforementioned procedure, the Customer Service Department, and after receiving the required information (PRODUCT RETURN REQUEST, IMAGES AND THE REASON FOR THE CLAIM) and the customer’s information is confirmed, the user should follow the instructions established in the returns policy of the respective merchant where the product was acquired or the instructions indicated by novae.

Once the return process is complete, a new order will be processed so the customer can receive the correct product.

If the customer purchased a product for personal or intimate use and received one of different characteristics, the customer will be entitled to receive the correct product without having to initiate a return process, only after novae or its business providers had confirmed it was their error.

PERSONAL PRODUCTS FOR INTIMATE USE INCLUDE: underwear, swimwear, stockings, leggings, sweat belts, jewelry, products for nursing or feeding babies, perfumes and fragrances, books, video games (unwrapped), vitamins, supplements and cosmetics, mattresses (unwrapped) and sexual wellness products.

7. INCOMPLETE PRODUCT CLAIMS

In the event that the USER and/or BUYER receives an incomplete, unusable or damaged product, the following procedure must be carried out.

Within two (2) business days after receiving the product, the USER and/or BUYER must contact the Customer Service Department to file the claim for the missing piece of your item.

Once the Customer Service Department receives the claim and the customer’s information is verified, within three (3) business days, the customer will be contacted. Depending on the case, the customer will receive the missing part(s) or will be asked to initiate the return process on the site.

If the customer does not complete the claim, the right of return could apply, as described by the return policy herein (only returns shall apply but never the reordering of the product and/or service).

8. WARRANTY POLICY

In the event that a product purchased through the handy’s Market, and provided that it is paid for using the Pay now platform, malfunctions, breaks down or is damaged after being received, the customer may contact novae, who will provide the information of the merchant or supplier so they can provide the appropriate support as a result of your warranty or novae’s extended warranty benefits, if applicable. To make effective the warranty, the following conditions shall be met:

  • 1. The product warranty must be within the time period stipulated in the purchase.
  • 2. The product must be accompanied by the original invoice and warranty documents. In the event that warranty documents are not available, the product should have been delivered to the customer within 12 months.
  • 3. Product damage should be the result of a manufacturing defect, failure technique, irregularity or lack of quality in the construction materials. No warranty will apply if the product shows signs of mishandling by the customer.
  • 4. The provider (MERCHANT) has the right to replace, repair or refund the money paid for the product.
  • 5. As chosen by the user/buyer, the provider (MERCHANT) will pick up the product at the place of delivery or they may ask the consumer to drop it off at a specific location. For the latter case, the provider (MERCHANT) will pay for all shipping costs. If freight fees are incurred, these will be the responsibility of the provider (MERCHANT).
  • 6. The user/buyer will receive, up to two (2) times, the shipping bills necessary to return the product to the provider (MERCHANT), so they can determine whether the warranty applies or not. Each shipping bill will valid for up to one (1) month. If the consumer does not send the second bill, the consumer shall send the product to the provider (MERCHANT), paying for any shipping costs, but will be reimbursed if the warranty applies. novae will provide the information of the provider (MERCHANT) to facilitate this procedure.
  • 7. The repaired product or its replacement will be delivered to the consumer at the same location where warranty was issued, unless the consumer requests otherwise and the provider (MERCHANT) agrees. If freight is required to deliver the good, the costs must be borne by the provider (MERCHANT).
  • 8. If the good is to be replaced by another one or one with the same characteristics, the provider (MERCHANT) will ship such replacement within ten (10) working days after receiving the returned product.
  • 9. If a replacement is not necessary but the original product is to be repaired, such repair will occur within thirty (30) working days, after the provider (MERCHANT) receives the damaged product.
  • 10. If a full refund is in order, the following procedure will apply: one day after the warranty is accepted by the provider (MERCHANT) and informing novae and the buyer/user, novae will have up to 25 days to make this refund effective.
  • 11. In the event that the good cannot be repaired or if the repaired or replaced product is still unusable, the provider (MERCHANT) shall inform the consumer of its decision on how to enforce the warranty, either through a refund or replacing the good with an identical product or one of the same characteristics.
RESTAURANTS

In the “Restaurants” module of the handy application, users will be able to find restaurants near their location using the geo-targeting feature, where they can pay with Pay now at participating restaurants. novae does not assume any liability in the performance of the service by the restaurant, or the level of satisfaction expected by the customer, and will not be held liable for any actions which may cause some sort of damage or harm. novae will only help in locating the establishments and facilitating payments as a result of consumption at such establishments.

In some restaurants and in accordance with the partnership strategies established between the restaurant and novae, a series of benefits or discounts will be associated with the use of the handy application and Pay now.

Payment

novae does not charge any fees for locating the establishments or for processing the payments. Users shall only pay at the restaurant for foods and service. novae assumes no responsibility for any charges at the restaurant, especially if such charge is made on our behalf. Again, novae does not charge any fees to the user for these services.

Additional conditions of our Affiliates.

In addition to the provisions contained herein, the use of participating restaurants, products and services may be subject to additional terms and conditions. These terms and conditions are additional to these conditions and not a replacement where novae is solely responsible for the terms and conditions set forth herein, and in its direct relationship with the Affiliate and not with a third party.

By accepting this contract, you acknowledge and agree that novae has no responsibility for the due provision of services, accuracy of information, prices, quality or customer satisfaction at participating restaurants displayed in the handy application, and such participating restaurants have expressed their desire to be displayed in the handy application.

TRAVEL

This module is intended to help users to collect travel information, determine the availability of goods and services related to travel, make legitimate reservations and, moreover, to make the purchase of the above in a simple and swift manner thanks to the integration of the registered payment method.

By accepting this contract, you agree and acknowledge that novae is not the provider or operator of goods and services offered in this module, and as a result, novae is not responsible for the accuracy and compliance of the services offered and purchased when using the handy application.

Airlines, travel agencies, hotels and other participating providers integrated into handy’s booking and search engine have established their own terms and conditions which novae does not control or manage.

novae will not be responsible for changes that occur in scheduled trips or acquired services; however, we will do our best to serve as liaison with the operators in order to provide users with assistance, but without being responsible for the final outcomes or results.

SERVICES

In this module, users can locate and communicate with providers of personal services found in Colombia’s main cities and within 3 categories: AUTO, HOME and PETS. Using the geo-targeting feature integrated with the handy application, novae has brought together these service providers to meet the daily needs of our users.

Except as provided in the section “Service Quality Warranty,” novae will not be responsible for any services rendered, taking into account that the service providers are independent of novae; however, novae makes every effort to verify the safety, quality, reliability, and compliance of such services.

Hereby you understand and agree that novae can only be linked with the services that are paid for through the handy application, and otherwise no rewards explicitly contained herein will apply, nor will novae be responsible for any service or incidences.

Even though we have an extensive network of service providers, it is possible that your request cannot be accommodated promptly or when urgently required; however, novae will make every effort to coordinate the provision of the service at the requested time and if such service is scheduled accordingly.

In order to facilitate the interaction between users and service providers, novae has developed a mobile application called handy S, which enables service providers to receive payments for the services provided to users. This tool is interconnected with handy, so users can make payments securely for the services rendered; therefore, you agree and acknowledge that the service providers will utilize this tool to collect payments for their services.

Whenever a service required by the user exceeds the amount of two hundred thousand Colombian pesos ($200,000), fifty percent (50%) of the total cost for the service will be paid up front, and when the service is completed the remaining fifty percent (50%) shall be paid.

Whenever the service is not provided or if the service provider is unable to perform such service because no one is available at the service location and time, the user shall be liable for the cost of the non-provided service which may vary and this cost will be communicated to the user or found at www.allegra.global.

Service Quality Warranty

Whenever a member or user utilizes the services offered by novae through the handy application, in accordance with the services listed for the provision of services in connection with novae, quality of the service shall be guaranteed (as defined below). If the member is not satisfied with the service provided, novae will: (i) communicate with the member and the service provider (or alternative service provider) to solve the issue; or (ii) refund the monies paid for by the member for the service, up to $2,000,000 Colombian pesos, subject to the following terms and conditions:

1. The service quality warranty will be valid in accordance with the products acquired by the user and under their membership or coverage from the time of purchase and as long as such warranty is in good standing. The warranty shall be effective from the moment the user submits the claim. This service quality guarantee will not be effective whenever there is a second another type of warranty or coverage.

Under no circumstance the warranty holder of may require coverage in excess of the price paid for the service.

2. The service quality warranty will only be valid for services purchased, listed and offered by novae, so that additional services not included in such list and that are directly sought after by users shall be excluded from this warranty. The service quality warranty does not cover additional or newly added services besides those initially requested by the member, so this warranty shall only apply for the initially requested services. To enforce this service quality warranty, all services must be requested and paid for by members through novae’s handy application.

This quality warranty shall not cover (i) goods or products; or (ii) health services, including, without limitation, chiropractic consultations, massages, chiropractic tests, reflexology, eye exams, dental whitening, dental exams, dental cleaning and x-rays, etc.

3. The service quality warranty will be available if the member is reasonably unsatisfied with the quality of the services provided. novae, at its sole discretion, reserves the right to determine whether the services provided were carried out in a reasonably satisfactory manner. The no fulfillment of the expected service, difficulty in scheduling such service, late start time or the ability of a service provider to comply with a timely response do not constitute elements of quality of service. Disgruntled members with these performance elements will be able to submit a review of their assessment and experience with such service providers. Likewise, should members be in disagreement with the price of the service listed won’t constitute a cause for the enforcement of this service quality warranty.

4. Prior to filing the claim, members are encouraged to contact the service provider to address the quality issue(s) and wait at least two (2) working days for a response, as many of problems of this sort occur due to the lack of communication. Most service providers like to hear from unsatisfied customers, so that they can respond quickly and make the corresponding adjustments and changes in the provision of the service.

5. Before the member is able to file a service quality claim, the product owner must first submit a brief explanation of the service rendered to the provider, describing in an honest and accurate manner the performance of the service and outlining the factors that contributed to the member’s dissatisfaction with the services rendered. novae expressly renounces any control or influence over the product owner’s opinion. Users are encouraged to submit comments during the provision of services, as this is ideal scenario to ensure the alignment of expectations and communications that may lead to the resolution of the misunderstanding in the best possible manner. If the service quality claim is resolved by the service provider who provided the original services, the product owner shall delete any reviews on the service rendered. If the member decides to submit a new review for the same experience with the service provider, the user is obliged to declare how the experience went in a precise and truthful manner.

6. In the event of non-conformity, the product owner must submit a service quality claim, through the means of contact established in the handy application within 30 days after the completion of the services rendered. “Substantial Completion” means sufficiently completed, in accordance with the description of the service provided. The service quality claim must contain: (i) name; (ii) purchase confirmation number; (iii) description of the problem; (iv) a summary of the measures taken to resolve the issue with the service provider, whenever appropriate, (v) the desired resolution; and (vi) contact information.

7. Users should engage in good faith in all dispute resolution processes, and novae will do its best to mediate between the user and the service provider to address the issue and find a solution. As part of the dispute settlement process, novae will contact the user to better understand the problem and the solution desired, then it will consult with the service provider to find a possible solution.

8. If the above-mentioned process is not satisfactory and no resolution is achieved, novae may offer the user an alternative service provider or refund the full purchase price paid directly through novae’s handy application.

  • * Refunds under the service quality warranty will be made up to the purchase price and under no circumstance it shall exceed $2,000,000, excluding services provided through promotional campaigns and codes or discount coupons.

9. Only one claim against the same service provided may be filed.

10. A maximum of up to three refunds as a result of service quality warranty claims can be made during the term of the membership; however, users are not limited in the number of service quality warranty claims during the term of mCard membership.

11. In any case novae, its directors, officers, employees, agents or other representatives will be liable for direct, indirect, special, moral, compensatory or consequential damages of any kind, arising from or related with the provision of services that exceed the purchase price and in no event more than $2,000,000. These exclusions and limitations of liability shall apply to the extent permitted by law, and shall survive any cancellation or termination of the user’s relationship with novae.

12. The service quality warranty is not transferable and it must only be requested by the product owner for the sought-after services.

13. The user accepts and acknowledges that once the service quality warranty is enforced and the claim is fully resolved, novae shall be completely released from any and all claims, known or unknown, complaints, actions, costs, losses and expenses of any kind, existing now or in the future, under any applicable laws.

DOCTOR HELP

Doctor Help is one of the services offered by novae in their applications, so below are the terms and conditions specific to this service.

Use of the Sites

novae (“Doctor Help” or “we”) operates the system known as Doctor Help, which is found in mobile applications (“Sites”) with links to these terms of use. We offer online healthcare services and mobile devices (the “Services”) that allow our members (“Members”) around the world to report their health history and seek medical care from health professionals (“Providers”) to obtain medical assistance and medical care (“Services”). By accessing and using the service, you agree to be bound by these terms and conditions and all other terms and policies that appear in the sites. If you do not agree with any of these terms, you may not use the services.

Services offered through Doctor Help.

All medical and health providers who offer services through the Doctor Help network are independent professionals exclusively responsible for their services. Doctor Help does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession treatment from providers, each of which is responsible for the services and the fulfilment of requirements applicable to their profession and according to the licenses. Neither Doctor Help nor any third party promoting the services or providing the services will be responsible for any professional advice obtained from a provider of treatment through the Services.

Site content.

None of the content on the site (separate from the information received from healthcare providers), or the initial contact with the services as included on the sites, must be considered to be medical advice or an endorsement, representation or warranty that any medication or treatment in particular is safe, appropriate, or effective for you.

Informed consent.

A. The services included in Doctor Help correspond to the provision of healthcare services using interactive audio and video technology, in which the patient and the healthcare professional are not at the same physical location of the user. During the consultation service with a medical provider, details of your personal medical information and health history can be discussed with you through the use of interactive video, audio, or other telecommunications technology and the medical provider can practice a physical examination through the use of said technologies.

B. The services you receive from healthcare providers are not intended to replace a primary care or ongoing medical relationship. Yet, it may be possible to establish a treatment relationship with some healthcare providers. However, this initial visit with a provider will begin as a consultation (for example, to determine the most appropriate treatment change so that you receive the medical attention sought after) and this does not necessarily constitute a relationship for continuous treatment. You must seek emergency help, or when recommended by a healthcare provider, a follow-up consultation with your primary care physician and other healthcare professionals, as necessary. We can make arrangements on your behalf for follow-up care, whether it’s through the Doctor Help network or by other means. You will have direct access to a series of options to monitor any reactions to medications, side effects or other adverse events. Users can benefit our services and comfortably communicate with medical professionals by making use of the technological platform. However, and it’s the case with any medical service and/or treatment, there are potential risks associated with the use of the services. These risks are, but are not limited to:

  • • In rare cases, the information transmitted may not be adequate (for example, images with poor resolution) and may prevent the healthcare provider from making a decision as to what kind of treatment is needed;
  • • Delays in the evaluation or treatment could occur due to an electronic or equipment failure. Should such failure occur, you may be contacted by telephone or any other means available.
  • • In rare cases, the lack of access to all your health records can result in adverse pharmacological effects or allergic reactions or other errors of judgment;
  • • Although the electronic systems we use incorporate network protocols and software security to protect the privacy and safety of your medical information, on rare occasions, security protocols could fail, causing a violation of the privacy of personal medical information.

C. By agreeing to these terms of use, you agree to the following:

  • • You understand what benefits for using the services in your care can be expected, but that the results cannot be guaranteed or confirmed.
  • • You understand the laws that protect the privacy and security of health information applies to the services, and you have received a notification from Doctor Help regarding the privacy practices and policies. All electronic communications, including your medical history, are directed to your healthcare provider through a secure and encrypted video interface.
  • • If your membership coverage does not include or is not enough to cover for the expenses as a result of the services, you may be held financially responsible.
  • • Your healthcare provider can determine that any services are not appropriate for some or all of your treatment needs, and therefore may deny services through the Sites.

D. You also have the ability to send written notes to therapists or other treatment or customer support providers using a secure messaging portal available on the Sites. The messages you send through the Sites can be viewed by more than one agent, customer care representative or healthcare provider, and normally a response is provided within 48 hours. Site messaging should not be used if you need immediate attention from a healthcare provider or other healthcare professional. If you are experiencing a medical emergency, you should call the local emergency line or go to the nearest emergency room. You understand and agree that this messaging tool through the messaging portal does not constitute a physician-patient relationship, nor implies any treatment, diagnosis, therapy, or medical advice.

Medical privacy

novae’s Doctor Help is required to comply with health, safety and privacy laws and safeguard and protect your medical information. In addition, the information you choose to share with the medical provider during the consultation or therapy session will be legally confidential, except for certain legal exceptions. We strive to keep all of your information protected. The use of other personal health information is stipulated in our Privacy Policy. As part of the provision of services, we may have to send you certain communications, such as appointment reminders, service announcements, and administrative messages. Such communications are considered a part of the services and your account. While secure electronic messaging is always preferred to unsecure email communications, under certain circumstances, email communication containing personal information can take place between you and Doctor Help. novae cannot guarantee the security and confidentiality of e-mail communications. Information concerning your care, including clinical notes and medical records, are stored in secure servers, which are coded and maintained by novae.

The use of the Services by minors.

The services offered by novae are available for use by minors; however, the member, for all users under 18 years old, must be the parent or legal guardian. If you are registered as the parent or legal guardian on behalf of a minor, you are entirely responsible for the compliance with these terms of use.

Access rights.

We hereby grant you a non-exclusive license, limited right, and non-transferable to access the Sites and use the services solely for your personal non-commercial use and only under the provisions contained herein and conditions and any separate agreement between you and us (“Access rights”). We reserve the right, at our sole discretion, to deny or suspend the use of the Sites or Services to any person and for any reason. You agree that you will not, and shall not try to: (a) impersonate someone else or entity, or otherwise falsify your association to any person or entity; (b) use the Sites or Services to violate any local state, national or international law; (c) reverse-engineer, dismantle, decompile or translate any software or other components of the Sites or Services; (d) distribute viruses or any other harmful computer code through the Sites or (e) otherwise use the Sites or the Services and in no way exceed the scope of use previously granted. In addition, you agree to refrain from using abusive language when communicating with providers through the modules and shall abstain from contacting service providers outside of the application modules. novae will not be responsible for any interaction with providers that are not carried out through any other means established here.

Fees and purchase terms.

You shall pay for all fees or charges made against your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due. By providing novae with your credit card number and registered payment information, you agree that novae is authorized to immediately bill your Account for all fees and charges due and unpaid to novae, providers or third parties, and that no notice or additional consent is required. If your mCard coverage is not current or in good standing, or if your coverage is rejected, you acknowledge and agree that you will be financially liable for all expenses incurred. novae offers no guarantee that any refunds will be made. novae reserves the right to modify or implement a new pricing structure, at any time, before billing the initial payment or future payments which are due under these terms of use.

Termination.

You can deactivate your account and terminate your registration at any time, for any reason, by sending a communication to any of the contact channels made available. novae may suspend or discontinue the use of the software, your account or registration for any reason at any time. Pursuant to applicable laws, novae reserves the right to keep, delete or destroy all communications and materials posted or uploaded while exercising its powers for the retention of internal records and/or destruction of content. After such termination, novae shall have no further obligation to provide the services, except to the extent that we are obliged by law to offer you with access to your health records or if healthcare providers require such information to deliver continuous care under the appropriate legal, ethical, and professional framework.

Modifications.

We reserve the right to change, add, or delete portions of these Terms & Conditions at any time. Your continued use of the Sites and/or Services after the posting or notice of any amendments or changes shall constitute your agreement to be bound by any such changes made to these Terms & Conditions.

Limited warranty exclusions

You agree that the USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. BOTH, the Sites and Services, are provided “AS IS” AND “AS AVAILABLE.” To the fullest extent permitted by applicable laws, novae EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, whether expressed or implied, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES FOR COMMERCIALIZATION, SUITABILITY FOR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, PERFORMANCE, CONDITION, ENJOYMENT AND VALUE, ACCURACY OF INFORMATION AND INTEGRATION SYSTEM OF THE SERVICES FOR A PARTICULAR PURPOSE. You acknowledge and agree that novae does not provide medical advice, diagnosis or treatment, and that novae is strictly a technology and infrastructure platform for connecting users with providers of goods, services or treatment, including doctors and other providers that belong to the novae network.

You acknowledge and agree that healthcare providers using the Sites are solely responsible and will have complete authority, responsibility, supervision and control over the provision of all medical services, advice, instructions, decisions of treatment, and other professional healthcare services that are carried out, and that all diagnoses, treatments, procedures and other professional medical care services that will be identified and carried out solely by or under the supervision of the healthcare providers, at their sole discretion, and as they see them appropriate.

LIMITATION OF LIABILITY.

YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, AND UNDER NO CIRCUMSTANCE, shall novae or its officers, employees, directors, subsidiaries, affiliates, agents or licensees be responsible for incidental, indirect, special or consequential damages, including but not limited to, damages for loss of income, profits, clientele, use, data or other intangible losses arising from or RELATED TO THE USE OF THE SITES OR SERVICES, notwithstanding of whether such damages are based on contract, tort (including negligence and strict liability), warranty, REGULATION OR OTHER. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and to the extent of our liability will be the minimum permitted under such applicable laws.

Indemnification.

You agree to defend, indemnify, and hold novae y Doctor Help and other partners and their respective directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use. In addition, you agree to indemnify, defend, and hold harmless your provider(s) against any third-party claims arising from the lack of adherence to the advice or recommendation(s) from the healthcare provider.

Geographical limitations.

novae does not guarantee that all products, services and/or materials described, or services available through the handy application are appropriate or available for use in some locations.

Disclosures from Doctor Help.

All the participating medical staff in the handy application have professional licenses issued by professional licensing boards in the places they practice medicine, with a medical degree, and have also received post-doctoral training. You may report a complaint regarding the services provided by a healthcare provider by contacting the professional licensing board at the place where the services were received. Also, a medical profesional should never engage in any type of sexual or intimate relationship with a patient; the medical board must be notified if such event ever took place.

Miscellaneous.

It is understood that, by accepting these Terms & Conditions and/or any other form provided to you, you accept these Terms & Conditions that such action constitutes a legal acceptance.

You agree that we may send notices, links, or service-related communications (“Communications”) through electronic means, including, but not limited to: (1) email, using the email address you provided us during registration, or (2) by posting communications on the Sites and also direct notifications via the application.

The delivery of our Communications is typically performed in an efficient manner when sent by novae, regardless of whether the communication is read once it is received. You may opt out to receive communications at any time by cancelling or discontinuing the use of the Services.

No waiver of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of novae to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, unlawful or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible such that the remaining provisions of the Terms & Conditions will continue in full force and effect. novae dedicates considerable effort to optimize signal strength and enhance diagnostic practices, but will not responsible for the Internet connection or data bandwidth and signal of your mobile device.

Report any violation of these Terms & Conditions through the means of contact as set forth. If you believe, in good faith, that the contents that appear on these Sites infringe your copyright, you (or your agent) may send us a notice requesting that the content or its access be removed. In addition, if you believe, in good faith, that a notice of copyright infringement has been unduly filed against you, you may send an answer to the notice. Notices and answers to the notices must comply with the statutory requirements established by applicable laws.

upperClub Fare Rules – Fly and Stay Care Experiences

The following upperClub fare rules only apply when your redemption / purchase is done with rewards only or when combining rewards and card on file.

Trip Cancellation

You will be compensated when the airline cancels your flight or if you must cancel your trip in your country of origin for "any reason”; up to value of the penalty and / or difference of a new ticket.

Trip Interruption

You will be covered for travel expenses related to transportation and accommodations of your incomplete scheduled trip; up to value of the penalty and / or difference of a new ticket.

International Loss Connection

You will be placed in another flight with same conditions if you lose your international connection.

Delayed Flight

You will be compensated if your international connection flight is delayed for more than 6 hours for up to U$S 100.

Loss and Delayed Baggage

Your will receive a benefit if your luggage is confirmed lost or does not arrive on time at your travel destination; U$S 200 compensation per day for up to 2 days when delayed and U$S 600 compensation when lost.

Emergency Medical Expenses

You will be covered for up to U$S 50,000 for emergency medical expenses while traveling including hospitalization, dental treatment, drugs prescription and hotel expenses if you need to extend your stay, amongst others.

Personal Travel Devices

We will cover the value or repair your devices - such as mobile/smart phones, tablets, laptops, smart watches, among others - if they are lost, stolen, damaged or destroyed for up to U$S 500.

upperClub Fare Rules Experiences and Terms and Conditions

TRIP CANCELLATION – up to the value of penalty or difference of new ticket The Experience:

Members contact upperClub leveraging our interactive contact tool, via preferred channel such as chat, voice or video, to submit required documentation/proof of flight cancellation. upperClub will offer members support in any rebooking activity, if preferred.

Terms and Conditions:

Subject to the Deductible and Limits stated in the Schedule of Benefits and Limits, upperClub will pay the following expenses incurred by a Covered Person during a Covered Trip.

upperClub will pay for unused non-refundable prepaid expenses for travel transportation and accommodation up to $2,000 or the cost of the Covered Person’s paid airline ticket, whichever is less, whenever the Covered Person is prevented from taking a Scheduled Trip for any of the following reasons that occur after the start of the period:

  • Specified Illness, Injury or death of the Covered Person, their traveling companion, business partner or Family member of either the Covered Person or their traveling companion that results in medically imposed restrictions as certified by a legally qualified Physician at the time of loss, preventing the Covered Person’s continued participation in the Scheduled Trip.
  • Weather that causes complete cessation of services of the Covered Person’s common carrier for at least 48 consecutive hours.
  • Employer termination or layoff affecting the Covered Person or a person sharing the same room. Employment must have been with the same employer for at least three continuous years.
  • Terrorism. The Act of Terrorism must occur in a city listed on the Covered Person’s itinerary within 30 days prior to the scheduled departure date. This same city must not have experienced an Act of Terrorism within the 90 days prior to the Act of Terrorism, which is causing the Covered Person’s cancellation. Benefits are not provided if the Covered Person’s travel supplier offers a substitute itinerary.
  • Hijack, quarantine, jury duty or court ordered appearance as a witness in a legal action in which the Covered Person or their traveling companion are not a party (except law enforcement officers).
  • Primary residence of the Covered Person or their traveling companion is rendered uninhabitable due to unforeseen circumstances.
  • Traffic accident directly involving either the Covered Person or their traveling companion, substantiated by a police report, while en route to a scheduled departure point.
  • If the Covered Person’s travel supplier cancels their Scheduled Trip, the Covered Person will receive up to USD 75 for the reissue fee charged by the airline for their tickets. The Covered Person must cover the full cost of the trip.

upperClub will also pay up to $2,000 or 75%, whichever is less, for unused non-refundable prepaid expenses for travel transportation and accommodation or the cost of the Covered Person’s paid airline ticket if the Covered Person chooses not to take a Scheduled Trip for any other reason that occurs during the Membership Period.

Conditions and Restrictions:

  • All cancellations must be reported to the travel supplier and to the Claims Administrator within 72 hours of the event causing the need to cancel or the day of departure. If the event delays the reporting of the cancellation beyond the 72 hours, report the event as soon as possible.
TRIP INTERRUPTION – up to the value of penalty or difference of new ticket The Experience:

Members contact upperClub leveraging our interactive contact tool, via preferred channel such as chat, voice or video, to submit required documentation. upperClub will offer members support in any rebooking activity, if preferred.

Terms and Conditions:

Trip Interruption - upperClub will pay the following Trip Interruption expenses if, during a covered Trip there is an unexpected death of the Covered Person's travel companion or immediate family member (Eligible Spouse, child, parent or sibling), provided such expenses are approved in advance and arranged by upperClub:

  • The cost of a one-way air or ground transportation ticket of the same class as the unused travel ticket, less the value of the unused return ticket, for the Covered Person.

Trip Interruption - If the Covered Person is prevented from completing a Scheduled Trip for any of the reasons listed under the Trip Cancellation section that occurs after the start of the Membership Period and after the departure date of the Scheduled Trip, the Covered Person is eligible up to specified amounts:

  • Any unused non-refundable prepaid expenses for Travel Arrangements;
  • Return air: One-way Transportation to return to your original destination or rejoin your Trip less the value of the original unused return travel ticket;
  • Accommodations and transportation expenses for up to US$ 150 per day for 10 additional days when a Traveling Companion must remain hospitalized or an Injury or Illness not requiring hospitalization prevents you from continuing travel and you must extend your Trip with additional hotel nights due to medically imposed restrictions on a Traveling Companion as certified by a Legally Qualified Physician.
  • Single supplement upgrade - the Covered Person is eligible for Benefits when their traveling companion cancels or interrupts a trip for a specified reason and the Covered Person does not.
INTERNATIONAL LOSS CONNECTION The Experience:

Members contact upperClub leveraging our interactive contact tool, via preferred channel such as chat, voice or video, to submit required documentation/proof of flight cancellation. upperClub will offer members support in any rebooking activity, if preferred.

Terms and Conditions:

If the Covered Person loses their international connection flight, they will be placed on another flight with the same conditions as the initial flight.

DELAYED FLIGHT – up to U$S 100 The Experience:

Members contact upperClub leveraging our interactive contact tool, via preferred channel such as chat, voice or video, to submit required documentation/proof of flight cancellation. upperClub will offer members support in any rebooking activity, if preferred.

Terms and Conditions:

If the Covered Person’s international connection flight is delayed for more than 6 hours, they will be re-booked or a credit will be issued with the value of the compensation up to the product specified amounts.

LOSS AND DELAYED BAGGAGE – U$S 200 per day for up to 2 days when delayed and U$S 600 when lost The Experience:

Members contact upperClub leveraging our interactive contact tool, via preferred channel such as chat, voice or video, to submit required airline’s Property Irregularity Report (PIR)

Terms and Conditions:

Subject to the Deductible and Limits stated in the Schedule of Benefits and Limits, upperClub will pay the following expenses incurred by a Covered Person during a covered Trip.

If the Covered Person’s luggage is delayed will receive upon PIR (Property Irregularity Report) being provided, a compensation up to U$S 200 per day for up to 2 days. If luggage is confirmed lost, Covered Person receive the value of the compensation of U$S 600 upon receipt of the certification provided by the airline.

EMERGENCY MEDICAL EXPENSES – up to U$S 50,000

Subject to the Deductible and Limits stated in the Schedule of Benefits and Limits, upperClub will pay the following expenses incurred by a Covered Person during a covered Trip:

  • Charges made by a Hospital for:
    • Daily room and board and nursing services not to exceed the Hospital's average semi-private room rate; and
    • Daily room and board and nursing services in Intensive Care Unit; and
    • Use of operating, treatment or recovery room; and services and supplies which are routinely provided by the Hospital to persons for use while Inpatients, with the exception of personal services and supplies of a non-medical nature; and
    • Emergency Room treatment of an Injury due to an Accident; and
    • Emergency Room treatment of an Illness resulting in admission to the Hospital as an Inpatient for further treatment of that Illness; and
    • Emergency Room treatment of an Illness which does not result in admission to the Hospital as an Inpatient, if non-Emergency Room care was not available due to the time or location of the Covered Person at the onset of symptoms.

  • For Surgery at an Outpatient Surgical facility, including services and supplies.
  • For charges made by a Physician for professional services, including Surgery. Charges for an assistant surgeon are covered up to 20% of the Usual, Reasonable and Customary charge of the primary surgeon, but standby availability will not be deemed a professional service and therefore is not covered hereunder. Professional charges for providing a Second Medical Opinion are covered, including reasonable expenses for compilation of documentation, official translations, shipment of documents and verification of clinical history.
  • For dressings, sutures, casts or other supplies which are Medically Necessary and administered by or under the supervision of a Physician, but excluding nebulizers, oxygen tanks, diabetic supplies, other supplies for use or application at home, and all devices or supplies for repeat use at home, except Durable Medical Equipment as herein defined.
  • For diagnostic testing using radiology, ultrasonographic or laboratory services (psychometric, intelligence, behavioral and educational testing are not included).
  • For reconstructive Surgery that takes place while this coverage is in effect when the reconstructive Surgery is directly related to an Accident which also takes place while this coverage is in effect.
  • For hemodialysis and the charges by the Hospital for processing and administration of blood or blood components but not the cost of the actual blood or blood components.
  • For oxygen and other gasses and their administration by or under the supervision of a Physician.
  • For anesthetics and their administration by a Physician or anesthetist.
  • For drugs which require prescription by a Physician for treatment of a covered Injury or Illness, but not for the replacement of lost, stolen, damaged, expired or otherwise compromised drugs, subject to a maximum supply of thirty (30) days per prescription and the Limit stated in the Schedule of Benefits and Limits.
  • For care in a licensed Extended Care Facility upon direct transfer from an acute care Hospital.
  • Home Nursing Care in bed by a qualified licensed professional, provided by a Home Health Care Agency upon direct transfer from an acute care Hospital and only in lieu of Medically Necessary Inpatient hospitalization.
  • Emergency Local Ambulance transport necessarily incurred in connection with Injury or Illness resulting in Inpatient hospitalization.
  • Dental Treatment necessary to restore or replace sound natural teeth lost or damaged in an Accident which was covered under this cover, up to the Limit stated in the Schedule of Benefits and Limits
  • Dental Treatment necessary to resolve sudden onset of acute pain, up to the Limit stated in the Schedule of Benefits and Limits.
  • Medically Necessary rental of Durable Medical Equipment (consisting of a standard basic Hospital bed and or a standard basic wheelchair) up to the purchase prices.
  • Physical therapy by a licensed physiotherapist necessarily incurred to continue recovery from a covered Injury or Illness. Such physical therapy must be prescribed by a Physician who is not affiliated with the physiotherapy practice performing the physical therapy.
  • Emergency Medical Evacuation: Subject to the Conditions and Restrictions contained in this provision, upperClub will pay the following expenses arising out of Emergency Medical Evacuation, provided such expenses are approved in advance and arranged by upperClub:
  • Emergency air transportation to a suitable airport nearest to the Hospital where the Covered Person will receive treatment; and
  • Emergency ground transportation necessarily preceding Emergency air transportation; and from the destination airport to the Hospital where the Covered Person will receive treatment.
  • The cost of an economy one-way air and/or ground transportation ticket for the Covered Person from the area where the Covered Person was hospitalized following an Emergency Medical Evacuation to the area where the Covered Person was initially evacuated from, or to the terminal serving the area of the Covered Person's Principal Residence.

      Conditions and Restrictions:

    • upperClub will provide Emergency Medical Evacuation Benefits only when the Illness or Injury giving rise to the Emergency Medical Evacuation is covered under this cover; and
    • upperClub will provide Emergency Medical Evacuation Benefits only when all of the following conditions are met:

      Medically Necessary treatment, services and supplies cannot be provided locally; and

      • transportation by any other method would result in loss of the Covered Person's life or
      • Loss of limb that could give rise to the loss of the Covered Person's life; and
      • recommended by the attending Physician who certifies to the above; and
      • agreed upon by the Covered Person or a Relative of the Covered Person;
      • the condition giving rise to the Emergency Medical Evacuation occurred spontaneously and without advance warning, either in the form of Physician recommendation or symptoms which would have caused a prudent person to seek medical attention prior to the onset of the Emergency

    • upperClub will provide Emergency Medical Evacuation only to the nearest Hospital that is qualified to provide the Medically Necessary treatment, services and supplies to prevent the Covered Person's loss of life or loss of limb that could give rise to the loss of the Covered Person's life.
    • upperClub will use their best efforts to arrange any Emergency Medical Evacuation within the least amount of time possible. The Covered Person understands that the timeliness of Emergency Medical Evacuation can be affected by circumstances which are not within the control of upperClub including but not limited to availability of transportation equipment and staff, delays or restrictions on flights caused by mechanical problems, government officials, telecommunications problems and weather. The Covered Person agrees to hold upperClub harmless and upperClub shall not be held liable for any delays that are not within their direct and immediate control. Notwithstanding the foregoing items B. i.-v. and C., upperClub will pay for expenses to return the Covered Person to their Home Country if the attending Physician, the Covered Person and upperClub (or their duly appointed medical consultant) agree that transfer to the Home Country is more appropriate than transfer to the nearest qualified Hospital.
PERSONAL TRAVEL DEVICES – up to U$S 500 The Experience:

Members contact upperClub leveraging our interactive contact tool, via preferred channel such as chat, voice or video, to submit required documentation. upperClub will offer members support to replace the personal item based on the upperClub policy.

Terms and Conditions:

Up to the amount stated for the value of, or repair to, any of the Covered Person’s Gadgets (not hired, loaned or entrusted to the Covered Person) purchased with the card associated with the upperClub platform, which are lost stolen, damaged or destroyed. Cover is provided based on the amount the Covered Person paid for the Gadget(s) or the current recommended retail price whichever is the lower, excluding any credit charges, interest charges or coverage costs and allowing for wear, tear and depreciation.

At upperClub’s discretion, upperClub may replace the Gadget with a refurbished item from one of upperClub’s dedicated suppliers.

Conditions and Restrictions:

upperClub will not cover gadgets which are:

  • Left in an Unattended vehicle (other than a motor home, provided the gadgets are stored out of view), or
  • Within checked-in luggage or in luggage compartments/racks not immediately adjacent to the Covered Person on any form of Public Transport (other than hand luggage that stays with the Covered Person at all times).
BEST PRICE GUARANTEE The Experience:

Members contact upperClub leveraging our interactive contact tool, via preferred channel such as chat, voice or video, to submit required documentation/proof of lower fare.

Terms and Conditions:

upperClub members will enjoy Best-Price Guarantee when booking travel based on the agreements with upperClub travel service providers.

1. Price Guarantee for Air flight.

In the event of a lower rate available in upperClub or on another country-based website within 24 hours of booking with upperClub, upperClub will credit or refund the difference in price.

2. Price Guarantee for Hotels.

In the event of a lower rate available in upperClub or on another country-based website up to 11:59 pm Pacific 48 hours after completing the hotel booking, upperClub will credit or refund the difference in price.

Conditions and Restrictions:

The Trip must be completed as per booked itinerary through the mobile app or, if available, via the Website’s online redemption system to be eligible for refund or credit.

Member must file a Price Guarantee application form through the mobile app within twenty-four (24) hours after the booking OR, for hotels, within forty-eight-(48) hours after completing the booking. The lower rate must be available for booking at the time of contact.

Each credit is valid for one (1) year from month of issuance.

Price Guarantee is available only for exact itinerary matches.

Price Guarantee applies only to prices both advertised and available to the general public on an English and strongish-language website. For example, it does not apply to rates offered on:

  • Membership program websites, corporate discounts or rates
  • Group, charter, rewards program, incentive, meeting, convention, consolidator or interline prices
  • Prices obtained via auction or similar process
  • Prices available only by using a coupon or other promotion not offered to the general public.

The lower rate may not come from a website where Member called to get the rate, or from an e-mail received. Additionally, the rate must be quoted, booked, and paid for in US dollars.

All Price Guarantee requests, including receipts, are subject to verification by the Program Administrator. Program Administrator will not accept screenshots or other purported evidence of a lower price that cannot be independently confirmed by program personnel.

upperClub Fare Rules General Conditions

novae care & connect Inc. t / a upperClub Inc. will provide the benefits described in this terms & conditions as a result of acquiring upperClub. The subscriber's agreement is subject to all the terms, conditions, provisions and exclusions of this document, including the declaration, and all documentary evidence, benefits chart and / or endorsements attached hereto.

novae care & connect Inc. t / a upperClub Inc. complying with the legal provisions, has acquired insurance policies where it acts as insured and beneficiary, with the faculty to transfer the coverage and benefits to the holders of its membership, as well as as to all those people linked to their service plans.

Therefore, all communications, notifications, payment requirements and services included in this document will be directly transmitted and addressed through novae care & connect Inc. t / a upperClub Inc.

Taking into account everything described above and for the purposes of this document it will be understood that novae care & connect Inc. t / a upperClub Inc. will act as policyholder / insured and to such extent will transfer all protections and benefits to related persons to its service plans.

upperClub, provided by novae care & connect Inc. t / a upperClub Inc. as the Master Policyholder with address in 55 NE 5th Ave, Suite 501, Boca Raton, FL 33432 USA, enables the Coverage Benefits described in the following section. upperClub is underwritten 100% by Canopius, 4444 Syndicate at Lloyds, with unique market reference as B0524CSP18XXX6195.

The Florida Surplus Lines Agent is Betsy L. Brougher with Licence # P037090 and located at 212 W 10th St. #C400, Indianapolis, Indiana 46220.

CHOICE OF LAW & JURISDICTION: This contract of Insurance shall be governed by and construed in accordance with the law of the United States of America and each party agrees to submit to the exclusive jurisdiction of the courts of the United States of America as LMA 5020 Service of Suit Clause and LMA5021 Applicable Law (USA)

Benefits are subject to all of the following:

All terms, conditions, provisions and exclusions of this document, including any applicable Exhibits, Schedules, and/or Endorsements.

Current subscription to the upperClub 'App'.

Any enrollment associated fees, if applicable.

Only new Trips taken after the coverage start date that the Member has been advised are covered.

Words and terms in bold title case (other than those in titles and headings) shall have the meanings stated in Part VII - Definitions.

ClickHelpNet, LLC has been appointed as the Claims Administrator. All communications, notices and payment of claims required under this cover shall be transmitted to and from the Covered Person through the Claims Administrator.

DATE OF VALIDITY OF THE COVERAGE FOR A COVERED PERSON

The coverage comes into effect at the time the Covered Person leaves their Country of Origin.

TERRITORIAL VALIDITY

The protections and benefits provided by novae care & connect Inc. t / a upperClub Inc.. will be valid outside of the holder's country of residence, subject to product conditions.

TERMINATION DATE OF COVERAGE

Termination Date of Coverage for a Covered Person - Coverage ends on the earliest of the following:

  • The moment the Covered Person returns to their Home Country, or
  • 11:59 pm on the 120th day following the date the Covered Person departs his or her Home Country, or
  • 11:59 pm on the last day of the Membership Period, or
  • The date the Covered Person no longer meets the Eligibility requirements stated herein
FALSIFICATION AND FRAUD

Any false statement, reluctance, concealment of truth or fraud in relation to any claim, or if any method or device is used by the owner or by any person acting on behalf of him, this service program will be null and void and all the claims submitted under it will be rejected.

PROOF OF CLAIM
  • The upperClub partner must communicate through alle, our interactive contact tool, to present the required documentation / Statements.
  • Payment of Claims: All Benefits payable shall be paid to the Covered Person or, in case of death, to their respective assets.
  • False Statement and Fraud: Coverage of a Covered Person will be null and void if, before or after a loss, it has concealed or misrepresented any significant fact or circumstance concerning the coverage or its purpose, or the interest the Covered Person has in she, or if the Covered Person commits fraud or gives false testimony in relation to the foregoing.
ARBITRATION

If any difference arises over the amount payable under this coverage (if liability is otherwise admitted), this difference should be referred to arbitration, according to the procedures of the London Court of International Arbitration. When any difference is derived to arbitration under this provision, any award shall be considered a condition precedent to any right of action against the Claims Administrator.

EXTINCTIVE TERM

The obligations arising from the contract expire 180 days after the end of their temporary validity in the event of coverage in international travel.

SUBROGATION

The Covered Person undertakes to cooperate with the Claims Administrator in the prosecution of any and all valid claims they may have against third parties arising out of any occurrence which results or may result in a loss payment by the Claims Administrator and to account for any amounts recovered on the basis that the Claims Administrator shall be entitled to recover first in full any sums paid by them before the Covered Person shares in any amount so recovered. Should the Covered Person fail to prosecute any valid claims against third parties and the Claims Administrator thereupon become liable to make payment under this cover, then the Claims Administrator shall be subrogated to all rights of the Covered Person. Any amount recovered by the Claims Administrator> shall be used to pay the expenses of collection and reimbursement of upperClub for any amount that it may have paid or become liable to pay under this cover. Any remaining amounts shall be paid to the Covered Person.

RIGHT OF RECOVERY

In the event of overpayment of any claim hereunder because:

  • All or some of the expenses were not paid for by or on behalf of the Covered Person or were subsequently recovered by or on behalf of the Covered Person; or
  • Any Relative of the Covered Person, whether or not that person is or was a Covered Person, is repaid for all or some of those expenses by a source other than upperClub; or
  • All or some of the expenses were not Eligible Expenses; or
  • All or some of the expenses were paid or reimbursed based on incorrect Benefit application, then the Claims Administrator has the right to recover the amount of overpayment from the Covered Person and/or the Hospital, Physician or other Medical Provider of services or supplies. The amount of the recovery is the difference between:
    • The amount of expenses actually paid by the Claims Administrator; and
    • The amount of Benefits which should have been paid by the Claims Administrator.

If the Covered Person or the Hospital, Physician or other Medical Provider of services or supplies does not promptly make any such refund to the Claims Administrator, the Claims Administrator may, in addition to any other remedies available to them, either: (i). reduce the amount of any future claim that is otherwise eligible for payment hereunder, to the full extent of the refund due the Claims Administrator; or (ii) cancel the coverage provided to the Covered Person hereunder by giving thirty (30) days advance written notice in accordance with the Notice provision herein.

DOCTOR HELP

Within the services provided by novae care & connect Inc. t / a upperClub Inc. in its developments is the assistance service provided by the Dr. Help system, so below we expose the terms and conditions operating in particular for said service.

USE

novae care & connect Inc. t / a upperClub Inc. ("Doctor Help" or "we") operates the system called Doctor Help that is found in mobile applications ("Sites") with links to these terms of use. We offer online health assistance services and mobile devices (the "Services") that allow our partners ("Partners") around the world to report their health history and request medical assistance from health professionals ("Providers") to obtain services and medical assistance (" Services ").

By accessing and using the service, you agree to be bound by these terms and conditions and all other terms and policies that appear on the sites. If you do not wish to be bound by any of these conditions of use, you may not use the sites or the services.

DOCTOR HELP SERVICES

All the providers that provide services through Doctor Help are independent professionals exclusively responsible for the services that each one provides. Doctor Help does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other profession with a provider's treatment license, each of which is responsible for their services and compliance with applicable requirements and according to the license. Neither Doctor Help nor any third party that promotes the services or provides you with this service will be responsible for any professional advice you obtain from a treatment provider through the Services.

THE CONTENT

None of the contents of the site (apart from the information that you receive from the Suppliers) or the first contact with the services in the form of contact included in the sites, should be considered as medical advice or an endorsement, representation or guarantee that any medication or treatment in particular is safe, appropriate or effective for you.

INFORMED CONSENT
  • The services included in Doctor Help correspond to the provision of health care services using interactive audio and video technology, in which the patient and the health professional are not in the same physical location of the applicant. During the service consultation with a treatment provider, the details of your health history and personal medical information may be discussed with you through the use of interactive video, audio or other telecommunications technology and your treatment provider who may practice a physical examination through these technologies.
  • The services you receive from providers are not intended to replace a primary or permanent medical relationship. It is possible to form an ongoing treatment relationship with some treating providers. However, your initial visit with a treatment provider will begin as a consultation (for example, to determine the most appropriate treatment setting for you to receive care) and does not necessarily result in a continuing treatment relationship. You should seek emergency help, or when recommended by a treatment provider, or when otherwise necessary follow-up care, and consult with your primary care physician and other health professionals as recommended.
    We can arrange for follow-up care, either through Doctor Help or another means. You will have direct access to customer services to track reactions to medications, side effects or other adverse events. Among the benefits of our services are the best access to health and comfort professionals using the technological means available for this purpose. However, as with any health service, there are potential risks associated with the use of the services. These risks include, but are not limited to:
    • In rare cases, the information transmitted may not be sufficient (for example, due to poor image resolution) to allow for appropriate health care decision making by the treatment provider;
    • Delays in evaluation or treatment could occur due to failures of electronic equipment. If this happens, you can be contacted by phone or other means of communication.
    • In rare cases, the lack of access to all your health records may result in adverse pharmacological effects or allergic reactions or other errors of judgment;
    • Although the electronic systems we use will incorporate network protocols and software security to protect the privacy and security of health information, in rare cases, security protocols could fail, causing a violation of the personal medical information privacy.
  • By accepting these conditions of use, it is acknowledged that you understand and agree with the following:
    • You understand that it is possible to expect the anticipated benefits of using the services in your care, but that the results can not be guaranteed or insured.
    • You understand that the laws that protect the privacy and security of health information apply to services, and you have received notification from Doctor Help about privacy practices. Electronic communications are directed to your provider (s) in the treatment and their supervision through a secure encrypted video interface and electronic medical record.
    • If the coverage of your membership does not include or is not sufficient to cover the service expenses in full, you may be totally or partially responsible for the payment.
    • Your treatment provider may determine that the services are not appropriate for all or some of your treatment needs, and may therefore deny the provision of services to those through the Sites.
  • You also have the ability to send written notes to therapists or other treatment or customer support providers using a secure messaging portal on the sites.

The messages you send through the sites can be viewed by more than one agent or customer care and treatment provider and will normally be answered within 48 hours.

You should not rely on the messaging of the sites if you need immediate attention from a treatment provider or other health professional. If you are experiencing a medical emergency, you should call your regular local emergency line or go to the nearest emergency room.

You understand and accept that messaging treatment with providers through the messaging portal does not result in a doctor-patient relationship, and does not on its own to treatment, diagnosis, therapy or medical advice.

MEDICAL PRIVACY

novae care & connect Inc. t / a upperClub Inc., through Doctor Help, is required to comply with the privacy and health safety laws and maintain the information safeguarded to protect the security of your medical information; In addition, the information you provide to your treatment provider at the medical consultation or therapy session is legally confidential, except for certain legal exceptions.

We dedicate considerable effort to ensure that your personal information is secure. The use of other personal health information is provided in our Privacy Policy.

As part of providing you with the services, we may have to offer you certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the services and your account. While secure electronic messaging is always preferred to unsafe email, under certain circumstances, email communication with personal information may take place between you and Doctor Help. novae care & connect Inc. t / a upperClub Inc. can not guarantee the security or confidentiality of messages sent via email. Information regarding your care, including clinical notes and medical records, is stored on secure servers, encrypted and maintained by the administrator.

USE OF SERVICES FOR MINORS

The services provided by novae care & connect Inc. t / a upperClub Inc. are available for use by minors, however the Member, for all users under the age of 18 must be the parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for compliance with these terms of use.

RIGHTS OF ACCESS

We hereby grant you a non-exclusive, limited, non-transferable right to access the applications and use the Services solely for your non-commercial personal use and only as set forth in these terms and conditions and any separate agreement you may have contracted. with us ("Access rights").

We reserve the right, at our sole discretion, to deny or suspend the use of the Sites or the Services for any person for any reason. You agree that you will not, and will not try to:

  • (A) impersonate another person or entity, or otherwise forge your association to any person or entity;
  • (B) use the Site or the Services to violate any local state, national or international law;
  • (C) reverse engineer, disassemble, decompile or translate any software or other components of the Site or the Services;
  • (D) distribute viruses or any other harmful computer code through the Site or
  • (E) otherwise use the services or the Sites and in no way exceed the scope of use previously granted.

In addition, it undertakes to abstain from abusive language when communicating with the providers through the modules and to refrain from contacting the service providers outside the application modules. novae care & connect Inc. t / a upperClub Inc. is not responsible for any interaction with suppliers that is not carried out through the established media.

MODIFICATIONS

We reserve the right to change, add or remove portions of these terms and conditions at any time. Your continued use of the sites and / or Services following notification of such changes will indicate that you acknowledge such changes and agree to be bound by the revised Terms and Conditions, including such changes.

LIMITATION OF WARRANTY

You expressly agree that: USE OR SERVICES ARE AT YOUR OWN RISK. BOTH, the sites and services are provided "AS IS" AND "AS AVAILABLE". novae care & connect Inc. t / a upperClub Inc. EXPRESSES ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERATING , CONDITION, ENJOYMENT AND VALUE, ACCURACY OF DATA AND SYSTEM OF INTEGRATION. You acknowledge and agree that novae care & connect Inc. t / a upperClub Inc. does not provide medical advice, diagnosis or treatment, and is strictly a technology and infrastructure platform for connecting users with providers of goods, services or treatment. , including physicians and other providers in the novae care & connect Inc. t / a upperClub Inc. You acknowledge and agree that the treating providers using the sites are solely responsible and will have full authority, responsibility, supervision and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional care services. the health carried out, and that all diagnoses, treatments, procedures and other professional medical care services that will be identified and carried out only by or under the supervision of the treating providers, at their discretion, that they deem appropriate.

LIMITATION OF LIABILITY.

YOU UNDERSTAND THAT THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL novae care & connect Inc. t / a upperClub Inc. or its officers, employees, directors, matrices, subsidiaries, affiliates, agents or licensees BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, INCLUDING, BUT NOT LIMITED TO, LOSS OF INCOME, PROFITS, CUSTOMER, USE, DATA OR OTHER INTANGIBLE LOSS FROM OR RELATED TO THE USE OF THE SITE OR THE SERVICES, regardless of whether such damages are based on in contract, tort (including negligence and strict liability), guarantee, LAW OR OTHER. To the extent that, perhaps, as a matter of applicable law, we deny any implied warranties or limit your liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

COMPENSATION

You agree to indemnify, defend and hold novae care & connect Inc. t / a upperClub Inc. and doctor help understood as a product of novae care & connect Inc. t / a upperClub Inc. free of liability and its executives, directors, employees, agents, subsidiaries, affiliates, licensees and suppliers, of and against any claim, actions, demands, responsibilities and settlements, including, without limitation, legal costs and accounting expenses ("Claims"), as a result of, or that are allegedly the result of, your violation of these terms and conditions. In addition, it undertakes to indemnify, defend and hold harmless its supplier (s) against any claim by third parties arising from the lack of adherence to the advice or recommendation (s) of said treatment provider.

GEOGRAPHICAL RESTRICTIONS

novae care & connect Inc. t / a upperClub Inc. does not guarantee that all products, services and / or material described, or services available through the upperClub application are appropriate or available for use in some locations.

DISCLOSURES OF DOCTOR HELP

All medical personnel involved in upperClub have professional licenses issued by the professional licensing boards in the places where they practice, with the title of doctor of medicine and have received post-doctoral training. You can report a complaint regarding the services provided by a treatment provider by contacting the professional licensing board at the place where the services were received. In a professional relationship, sexual intimacy is never appropriate and the board must be informed that the licenses, registrations, or certification of the licensee.

OTHERS

It is your understanding that by accepting these terms and conditions and / or any other form that is presented to you, you accept these terms and that such action constitutes a legal signature.

You agree that we may send notices, accesses, or communications related to the services (collectively, "Communications") through electronic means, including, but not limited to: (1) by email, using the address you provide to us. provided during registration, or (2) by posting communications on the Sites and also direct notifications to the application.

The delivery of any of our Communications is effective when it is sent by us, regardless of whether it is read and accepted once received. You may withdraw your consent to receive communications by canceling or suspending the use of the Services.

No waiver of any term or condition set forth in these terms and conditions shall be deemed a subsequent or continued waiver of such terms or conditions or a waiver of any other term or condition, and the fact that the Company may protect a right or provision in under these Terms and Conditions.

If any provision of these terms and conditions are considered by a competent court as invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the conditions of use will continue in full effect. novae care & connect Inc. t / a upperClub Inc. devotes considerable effort to the optimization of signal strength and diagnostic deficiencies, but is not responsible for the Internet or bandwidth and signal data of your device. Report any violation of these Terms and Conditions through the established contact means. If you believe in good faith that the materials that appear on these sites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it. In addition, if you believe in good faith that a notice of copyright violation has been improperly filed against you, you may send a response notice. Notices and counter-notices must comply with the mandatory requirements established by law.

upperClub Fare Rules Definitions

Accident: A sudden, unintentional and unexpected occurrence caused by external, visible means and resulting in physical Injury to the Covered Person. The cause or one of the causes of such Accident is external to the Covered Person's own body and occurs beyond the Covered Person's control.

Accidental Death: Death of the Covered Person resulting from an Accident.

Act of Terrorism:

For Section I and Section III: An act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s) committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.

For Section II: An unlawful act, including the use of force or violence, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s), committed for political, religious or ideological purposes including the intention to influence any government and/or to put the public in fear for such purposes.

AIDS: Acquired Immune Deficiency Syndrome as that term is defined by the United States Centers for Disease Control.

ARC: AIDS Related Complex as that term is defined by the United States Centers for Disease Control.

Amateur Athletics: A sport or other athletic activity that is organized and/or sanctioned, involving regular or scheduled practices and/or regular or scheduled games. This definition does not include athletic activities that are non-contact and engaged in by a Covered Person solely for recreational, entertainment or fitness purposes and not for wage, reward or profit.

Benefits: The Eligible Expenses which may be paid under this cover.

Claims Administrator: the entity stated as such at the start of this Evidence of Cover.

Claims Excess: The Dollar amount of Eligible Expenses specified in the cover that the Covered Person must pay before Benefits are paid hereunder.

Common Carrier: A licensed mode of Public Transportation.

Consultant(s); The consultant appointed by the Claims Administrator.

Contact Sports: A sport or other athletic activity that necessarily involves physical contact with opposing players as part of normal play. Contact Sports include, but are not limited to, American football, boxing, ice hockey, rugby, soccer, and wrestling.

Covered Person: A person who meets the Eligibility requirements stated in Part 1 – Coverage Provisions.

Custodial Care: That type of care or service, wherever furnished and by whatever name called, that is designed primarily to assist a Covered Person in performing the activities of Daily Living. Custodial Care also includes non-acute care for the comatose, semi-comatose, paralyzed or mentally incompetent patients until they are fit to return home.

Daily Living: A twenty-four (24) hour period during which a Covered Person engages in normal daily activities including but not limited to eating, drinking and washing.

Delivery: Procedures concerning childbirth.

Dental Treatment: Treatment of the teeth and gums.

Dependent Child(ren): The individual Member’s child who meets all of the following conditions:

  • is unmarried;
  • is a natural child, legally adopted child, or a child who has been placed under the legal guardianship of the Member;
  • has not yet reached their 19th birthday. The age requirement is waived if the child is at least 19 years of age and not yet 25 years of age, is dependent on the individual Member for support, and is a Full-time Student who resides with the individual Member. The age requirement is also waived for any mentally retarded or physically handicapped child who is incapable of self-sustaining maintenance, provided the child suffered such incapacity prior to attaining 19 years of age. Proof of incapacity must be furnished to the Claims Administrator, and additional proof may be required from time to time.

The term Dependent Child(ren) does not include the following: a person who is emancipated from the Member; any person who is on active duty with any military, and/or any person who is covered hereunder as an individual Member.

Dependent Parent(s}: The natural or adopted mother and/or father of the Member who is wholly dependent on the Member for support.

Durable Medical Equipment: A standard basic hospital bed and/or a standard basic wheelchair.

Educational or Rehabilitative Care: Care for restoration (by education or training) of one's ability to function in a normal or near normal manner following an Illness or Injury. This type of care includes, but is not limited to, vocational or occupational therapy and speech therapy.

Eligible Expenses: Expenses for services and supplies which are covered under this cover.

Eligible Spouse: An individual who is married to the Member. The marriage must have met all of the requirements of a valid marriage contract in the jurisdiction of the marriage of the individuals. The term Eligible Spouse does not include the following: a person who is legally separated or divorced from the Member, any person who is on active duty with any military, and/or any person who is covered hereunder as an individual Member.

Emergency: A medical condition manifesting itself by acute signs or symptoms which could reasonably result in placing the Covered Person's life in danger if medical attention is not provided within twenty-four (24) hours.

Emergency Room: That part of a Hospital designated for the immediate care of Emergency medical conditions.

Enforced Political Evacuation: The evacuation of Covered Person(s) from the Country in which they are visiting/staying as a result of an Evacuation Advisory triggered by a Political Event for travel being any journey outside of the Covered Persons Home Country.

Evacuation Advisory: An instruction issued to the Covered Person by a civil or military authority of the Covered Person’s Home Country to the effect that the Covered Person should evacuate from the country in which the Covered Person is situated.

Extended Care Facility: An institution, or a distinct part of an institution, which is licensed as a Hospital, Extended Care Facility or rehabilitation facility by the jurisdiction in which it operates; and is regularly engaged in providing twenty four (24) hour skilled nursing care under the regular supervision of a Physician and the direct supervision of a Registered Nurse; and maintains a daily record on each patient; and provides each patient with a planned program of observation prescribed by a Physician; and provides each patient with active treatment of an Illness or Injury. Extended Care Facility does not include a facility primarily for rest, the aged, Substance Abuse treatment, Custodial Care, nursing care or for care of Mental Health Disorders or the mentally incompetent.

Family: All Relatives of a Member.

Full-time Student: A person who is enrolled in and regularly attends an accredited college or university or other educational institution, but not including colleges, universities or other educational institutions operated primarily via the internet, for the minimum number of credit hours required by the accredited college or university or other educational institution in order to maintain Full-time Student status.

Gadgets: Mobile/smart phones, tablet computers, laptops, computers, smart watches, satellite navigation systems (GPS), Personal Digital Assistants (PDAs), games consoles (including handheld consoles) and all accessories for these items.

HIV+: Laboratory evidence defined by the United States Centers for Disease Control as being positive.

Home Country: The country where the Covered Person resides permanently.

Hospital: A place that is legally licensed for the purpose of providing medical or surgical care and treatment to sick or injured people in the country in which it is located. Hospital does not mean a long-term care facility, spa, hydro clinic, sanatorium, nursing home for the aged or any other facility which is not a Hospital.

Host Country: The country being visited by the Covered Person, or where the Covered Person resides temporarily. Host Country does not include the Covered Person’s Home Country.

Illness: A sickness, disorder, pathology, abnormality, ailment, disease or any other medical, physical or health condition. Illness does not include learning disabilities, attitudinal disorders or disciplinary problems.

Injury: Identifiable physical harm to the body caused by an Accident that requires medical treatment.

Inpatient: A patient who occupies a Hospital bed for more than twenty-four (24) hours for medical treatment and whose admission was recommended by a Physician.

Intensive Care Unit: A Cardiac Care Unit or other unit or area of a Hospital that meets the required standards of the Joint Commission on Accreditation of Hospitals for Special Care Units.

Investigational, Experimental or for Research Purposes: Terms used to describe procedures, services or supplies that are by nature or composition, or are used or applied, in a way which deviates from generally accepted standards of current medical practice.

Kidnap and Ransom: Unlawful detention of a Covered Person against their will, whether hijacked, kidnapped or detained, by any person or persons not known to him/her.

Medical Provider: A Hospital, Physician or other person or organization which provides medical services and/or supplies.

Medically Necessary: A service or supply which is necessary and appropriate for the diagnosis or treatment of an Illness or Injury based on generally accepted current medical practice as determined by the Claims Administrator. A service or supply will not be considered Medically Necessary if it is provided only as a convenience to the Covered Person or Medical Provider, and/or is not appropriate for the Covered Person's diagnosis or symptoms, and/or exceeds in scope, duration or intensity that level of care which is needed to provide safe, adequate and appropriate diagnosis or treatment of an Illness or Injury.

Member: An individual who meets the Eligibility requirements stated under Part I but who is not an Eligible Spouse, Dependent Child or Dependent Parent.

Mental Health Disorder: A mental or emotional disease or disorder which generally denotes a disease of the brain with predominant behavioral symptoms; or a disease of the mind or personality, evidenced by abnormal behavior; or a disorder of conduct evidenced by socially deviant behavior. Mental Health Disorders include but are not limited to: psychosis, those psychiatric Illnesses listed in the current edition of the diagnostic and Statistical Manual for Mental Disorders of the American Psychiatric Association.

Newborns: Babies under the age of one month.

Outpatient: A Covered Person who receives Medically Necessary treatment by a Physician for Injury or Illness that does not require overnight stay in a Hospital.

Physician: A doctor of Medicine (MD), doctor of Dental Surgery (DDS), doctor of Dental Medicine (DDM) or a licensed Physical Therapist or Physiotherapist. Physician does not include a doctor of Chiropractic (DC), a doctor of Osteopathy (DO), a doctor of Psychology (Ph.D.), a doctor of Psychiatry (Psy.D.) or any other degree or designation. A Physician must be currently licensed by the jurisdiction in which the services are provided, and the services provided must be within the scope of that license. A Physician must be a person other than the Covered Person, the Covered Person's Relative, or one who ordinarily resides with the Covered Person.

Political Event:means an incident that may lead to a loss arising out of an:

Act of Terrorism

"Sabotage". Sabotage shall mean wilful physical damage or destruction perpetrated for political reasons by known or unknown person(s).

"Riots". Riots shall mean any act committed in the course of a disturbance of the public peace (where such disturbance is motivated by political reasons) by any person taking part together with others in such disturbance or any act of any lawfully constituted authority for the purpose of suppressing or minimizing the consequence of such act.

"Strikes". Strikes shall mean any wilful act of any striker or locked-out worker in the furtherance of a strike or in resistance to a lock-out or any act of any lawfully constituted authority for the purpose of suppressing or minimizing the consequence of such act.

"Civil Commotion". Civil Commotion shall mean the same as Riots as defined in this Cover.

"Malicious Damage". Malicious Damage shall mean all physical loss or physical damage resulting directly from an act(s) by anyone during a disturbance of the public peace where such malicious act is perpetrated for political reasons by known or unknown person(s).

"Insurrection, Revolution and Rebellion". Insurrection, Revolution and Rebellion shall mean a deliberate, organized and open resistance, by force and arms, to the laws or operations of a sovereign government, committed by its citizens or subjects and/or a rising against a sovereign government or other authority.

"Mutiny". Mutiny shall mean a wilful resistance by members of legally armed or peace-keeping forces to a superior officer.

"Coup d’état". Coup d’état shall mean the sudden, violent and illegal overthrow of a sovereign government or any attempt at such overthrow.

"Civil War". Civil War shall mean an internecine war, or a war carried on between or among opposing citizens of the same country or nation.

Pre-existing Condition: (1) Any condition for which medical advice, diagnosis, care, or treatment (includes receiving services and supplies, consultations, diagnostic tests or prescription medicines) was recommended or received during the two (2) years immediately preceding the Effective Date of Coverage for any covered Trip;

(2) condition that had manifested itself in such a manner that would have caused a reasonably prudent person to seek medical advice, diagnosis, care, or treatment (includes receiving services and supplies, consultations, diagnostic tests or prescription medicines) within the two (2) years immediately preceding the Effective Date of Coverage for any covered Trip;

(3) Injury, Illness, disease, or other physical, medical, mental, or nervous conditions, disorder or ailment (whether known or unknown) that, with reasonable medical certainty, existed within the two (2) years immediately preceding the Effective Date of Coverage for any covered Trip.

Pregnancy: The physical condition of being pregnant.

Principal Residence: The location where the Covered Person ordinarily resides, not including locations in the Host Country.

Professional Sports: A sporting activity undertaken for wage, reward or profit.

Proof of Claim: A completed and signed Claimant's Statement and Authorization form, together with any/all required attachments, original receipts for any expenses which have already been paid by or on behalf of the Covered Person, and any other documentation that is deemed necessary by the Claims Administrator. For claims under Section I the original itemized bills must be from Physicians, Hospitals and other Medical Providers.

Public Transport: any type of transport which conveys members of the public including, but not limited to, coach, bus, train and aircraft.

Registered Nurse: A graduate nurse who has been registered or licensed to practice by the local authority Board of Nurse Examiners or any other authority, and who is legally entitled to place the letters "RN" after his or her name.

Relative: Biological or stepparent or grandparent; biological or stepchild or grandchild; Eligible Spouse; biological or stepsibling; parent, children, or sibling in law; aunt, uncle or cousin; fiancé or betrothed individual.

Routine Physical Exam: Examination of the physical body by a Physician for preventative or informative purposes only, and not for the diagnosis or treatment of any condition.

Scheduled Trip: A Trip which has been booked in advance.

Sexually Transmitted Diseases: Syphilis, gonorrhea, lymphogranuloma venereum, chancroid, granuloma inguinale, chlamydiosis, pelvic inflammatory disease, trichomoniasis, genital candidiasis, genital herpes, genital warts, amebiasis, viral hepatitis, scabies, crab lice, cervical dysplasia, and bacterial vaginitis.

Substance Abuse: Alcohol, drug or chemical abuse, overuse or dependency.

Surgery: An invasive diagnostic procedure, or the treatment of Illness or Injury by manual or instrumental operations performed by a Physician while the patient is under general or local anesthesia.

Trip: The period of time within the Membership Period beginning on the Effective Date of Coverage for a Covered Person and ending on the Termination Date of Coverage for a Covered Person as Part 1 – Coverage Provisions.

Unattended: Not in the Member’s direct sight and control.

Usual, Reasonable and Customary: The most common charge for similar services, medicines or supplies within the area in which the charge is incurred, so long as those charges are reasonable. What is defined as Usual, Reasonable and Customary charges will be determined by the Claims Administrator. In determining whether a charge is Usual, Reasonable and Customary, the Claims Administrator may consider one or more of the following factors: the level of skill, extent of training, and experience required to perform the procedure or service; the length of time required to perform the procedure or services as compared to the length of time required to perform other similar services; the severity or nature of the Illness or Injury being treated; the amount charged for the same or comparable services, medicines or supplies in the locality; the amount charged for the same or comparable services, medicines or supplies in other parts of the country; the cost to the Medical Provider of providing the service, medicine or supply; such other factors as the Claims Administrator in the reasonable exercise of discretion, determine are appropriate.

upperClub Fare Rules Coverage Provisions

Eligibility - The following individuals are eligible for Benefits under this cover for up to 120 days maximum per Trip:

  • Individuals who hold valid extensions of Corporate or Business cards issued by upperClub and have joined the upperClub program when a loss occurs
  • Individual cardholders who have active cards and have joined the upperClub program when a loss occurs; and the following:
    • Their Eligible Spouse; and
    • Their Dependent Child(ren) who are at least 14 days old; and
    • Their Dependent Parents each of which is a Covered Person.

Membership Period - This cover becomes effective and terminates on the dates and at the times advised to the Member by email. This cover can be renewed for subsequent periods subject to agreement of upperClub. This cover can be cancelled by the Memberr by giving not less than 60 days advance written notice to upperClub at the start of this Evidence of Cover. This cover can be cancelled by upperClub by giving not less than 60 days advance written notice to the Member. In the event this cover is so cancelled by either party, or is not renewed at any anniversary, coverage with respect to upperClub Covered Persons shall terminate as of the date of cancellation or non-renewal. Notwithstanding the forgoing, upperClub may cancel this cover any time in accordance with Part VI, General Conditions and Conditions Precedent, of this cover.

Effective Date of Coverage for a Covered Person - Coverage becomes effective on the moment the Covered Person departs from their Home Country.

Termination Date of Coverage for a Covered Person - Coverage ends on the earliest of the following:

  • The moment the Covered Person returns to their Home Country , or
  • 11:59 pm on the 120th day following the date the Covered Person departs his or her Home Country, or
  • 11:59 pm on the last day of the Membership Period, or
  • The date the Covered Person no longer meets the Eligibility requirements stated herein.

Discount in hotels

These offers are available to logged-in My Rewards account holders, newsletter subscribers, and via the My Rewards App. The discount will be applied to the price of selected hotels (excluding applicable taxes and other fees). Prices displayed include the promotional discount and are per room per night based on two people sharing a room. Blackout periods may apply and a minimum hotel stay may be required. Please check individual hotel for details. All offers reflect current pricing at the time email was sent, are subject to limited availability and may be discontinued without notice. My Rewards’s usual booking terms and conditions apply.

My Rewards booking engine is managed and promoted by upperClub, a travel brand name of HandyU Inc, 55 NE 5th Avenue, Suite 501, Boca Raton, FL 33432, USA.