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HotelsNearMe INC.

TERMS OF SERVICE

 

These Terms of Service (“Terms”) govern the contractual relationship between:

 

  • HotelsNearMe, Inc., a company governed by the laws of the State of New York, USA having its registered office at 27 Skylark Drive, Spring Valley NY 10977, +1(917) 426-1480 USA (hereinafter referred to as “HotelsNearMe”), and 
  • each user or visitor (collectively “you” or “your”) (i) accessing HotelsNearMe’s mobile application on both iOS and Android-powered smart devices (“Mobile App”) and website located at https://hotelsnearme.com (the “Website”), (ii) using the Services (as defined under Section 2 of these Terms) via the Website and/or Mobile App; (iii) using HotelsNearMe’s business-to-business API (as defined under Section 2.4 of these Terms); and/or (iv) making use of HotelsNearMe’s widget sub-system to embed the Platform (as defined under Section 2.1 of these Terms) on to such user’s website. 

 

You and HotelsNearMe shall also hereinafter be referred to together as the “Parties” and individually as a “Party”.

 

Please read these Terms carefully before using the Website and/or Mobile App. Your access to the Website and/or Mobile App and your use of the Services (as defined below) are conditioned upon your acceptance of and compliance with these Terms. 

 

  1. Acceptance & Modification of the Terms

 

By accessing the Website and/or Mobile App and by using the Services (defined below) you agree to (i) be bound by these Terms, and (ii) comply with all laws and regulations applicable to such access and use. Should you disagree to be bound by these Terms, in whole or in part, you shall (i) not be permitted/authorized to use the Services (as defined below) on the Platform (as defined below), and (ii) refrain from accessing the Website and/or Mobile App. 

 

Your continued use of the Website, Mobile App and Services on the Platform (as defined below) shall be deemed to constitute your acceptance of these Terms. 

 

HotelsNearMe reserves the right, at any time and in its sole discretion, to modify or replace these Terms. You shall be solely responsible for checking these Terms periodically, to stay abreast of any changes to the Terms. If you object to any such changes, your sole recourse shall be to cease using the Website, Mobile App and/or Services. Your continued use/access to the Website and/or Mobile App and your continued use of the Services on the Platform (as defined below) following the posting of any changes to these Terms shall indicate your acknowledgement of such changes and satisfaction with the Website, Mobile App and/or Services as so modified and therefore shall be subject to the newly modified Terms.

 

  1. Platform, License & Services

 

  1. HotelsNearMe provides you with a Web-based and mobile AI-driven virtual travel agency platform embedded/integrated in the Website and Mobile App (hereinafter referred to as the “Platform”) in order to facilitate your use of the Services (defined below). 

 

  1. License Grant. HotelsNearMe hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Platform via the Website and/or Mobile App in strict compliance with the terms and conditions of the present Terms. All rights not expressly granted to you hereunder are and shall be reserved by HotelsNearMe and its licensors.

 

  1. HotelsNearMe, via the Platform and its Third Party Vendors, provides you with a range of travel-related services including but not limited to:

 

  1. tours and attractions including but not limited to (a) walking trails, riding, boating, and air-tours, and (b) amusement parks, museums, and points of interest;
  2. flights to destinations around the globe, with flights including all classes of carriage,   flight ancillaries (including but not limited to seat upgrades, meals and bags), travel insurance, and cancellation/interruption insurance;
  3. car rentals, available in all car classes and ancillaries (including but not limited to GPS rentals, car seat rentals, and mile upgrades), car insurance options and upgrades;
  4. cruises available in all cabin classes (including but not limited to ancillaries such as WiFi access, cruise-perks, dining and on-board credit facilities); 
  5. hotel stays and vacation rentals (including room upgrades and ancillaries such as WiFi access);
  6. shuttles and taxis (including shared rides, private cabs, and bag upgrades);
  7. customized or pre-arranged holiday packages, which you have the option to design (customized) or choose from the available  selection of pre-arranged packages;
  8. travel insurance: HotelsNearMe via, its Third Party Vendors (defined below) may provide you with a range of optional (travel) insurance products;
  9. participation in HotelsNearMe’s online community, which allows you to (a) interact with other users, (b) leave reviews on products and/or vendors, (c) suggest places of interest, (d) provide trip reports with images, and (e) post comments or vote on such trip reports;
  10. the ability for you and other users to remotely collaborate and build/design a customized trip together; and
  11. the ability for you to register a family User Account (defined below) on the Platform which allows the User Account holder to (a) set up sub-accounts for the user’s family members, (b) approve requests, and (c) issue tickets to the sub-account holder on the Platform.

 

(collectively the “Service(s)”).

 

  1. HotelsNearMe uses an Application Programming Interface (“API”) software to: 

 

  1. collect non-identifiable information on how you use the Website and Mobile App, analyze guest product reviews and HotelsNearMe’s community activities. The purpose of the API in the aforementioned instance is to allow HotelsNearMe to recommend and customize the Website, Mobile App and Services for you, and provide more information and suggestions that may be relevant to you; and 
  2. analyze all User Generated Content (defined below) and allow you to share your User Generated Content (defined below) on the Platform and via social media networks.

 

  1. HotelsNearMe also makes the API available to its business partners, so that the Services can be used by such business partner’s clients/customers/end-users, 

 

  1. You acknowledge and agree that if any itinerary and destination(s) you select on the Website and/or Mobile App, is based on information which you have gleaned from third party brochures and/or the Internet. HotelsNearMe shall not be responsible or liable for such information contained on third parties’ brochures and on the Internet because HotelsNearMe has no control over the third parties who/which compiled, managed and updated such information. Accordingly, HotelsNearMe does not guarantee that the itinerary you have selected on the Website and/or Mobile App will comply in whole or in part with the information you have obtained from such third party brochure and/or from the Internet. Any right of recourse you may have in regards to the information you have obtained from third party brochures and/or from the Internet, must only be taken against the applicable third party who provided such information.

 

  1. You acknowledge that HotelsNearMe may add, change, suspend, remove or discontinue any part/content or all of the Services, Website and/or Mobile App, in its sole discretion at any time, without notice and for any or no reason.

 

  1. You covenant that you shall not (i) use the Website, Mobile App and Services in any illegal or unlawful manner or for any illegal or unlawful purposes, and (ii) perform any act, which interferes with or disrupts the Website, Mobile App, API and Services. 

 

  1. HotelsNearMe shall have no obligation to monitor your activity on the Website and/or Mobile App. However, HotelsNearMe reserves the right to (i) review and remove any of the User Generated Content (defined below) in its sole discretion; (ii) terminate your access to the API and Services at any time, without notice and for any or no reason whatsoever; and (iii) disclose any information as HotelsNearMe deems necessary to comply with any applicable law, regulation, legal process or governmental request.

 

  1. Third Party Vendors. You acknowledge and understand that HotelsNearMe uses a variety of service providers to deliver the Services to you (“Third Party Vendor(s)”). These Third Party Vendors are independent contractors and as such are not agents, officers or employees of HotelsNearMe. To the extent permitted by law, HotelsNearMe (i) shall not be liable for any injury, damage, death, loss and/or accident you experience, or for any delay in the provision to you of the Service(s) due to any act or omission of any of its Third Party Vendors; (ii) does not accept responsibility for any injury, damage, death, loss and/or accident you experience, or for any delay in the provision to you of the Service(s) due to sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, epidemic, pandemic, government restraints, weather, terrorism or causes beyond HotelsNearMe’s control; (iii) shall not be liable (including any liability in tort) for any Third Party Vendor's breach of warranty, or for any other wrongdoing of HotelsNearMe’s Third Party Vendor in relation to the performance  of the Services by the Third Party Vendor; and (iv) shall not be responsible for any Third Party Vendor’s  failure to comply with the details and description of the Services ordered by you or with applicable federal, state, provincial and local law.

 

  1. You agree to abide by any additional terms and/or conditions of purchase imposed by any Third party Vendor, for any of the Services listed on the Platform. You acknowledge and understand that any violation of the Third Party Vendor’s terms and conditions of purchase in relation to the Services listed on the Platform may result in (i) the cancellation of your request(s), booking(s), reservation(s) or purchase(s); (ii) you being denied access to any flights, hotels, or car rentals, or other Service; (iii) you forfeiting any amounts paid to HotelsNearMe and the Third Party Vendor(s) for such request(s), booking(s), reservation(s) or purchase(s), and (v) HotelsNearMe debiting your credit/debit account for any and all costs HotelsNearMe may incur as a result of such violation. 

 

  1. Support Services

HotelsNearMe may, in its sole discretion, provide reasonable support services to you, via the Website chat, onsite forms, email or calls, aimed at addressing any queries you may have and/or any technical issues you may experience, while using the Services. HotelsNearMe’s support services may include but shall not be limited to (i) instructions on how to use the Services, (ii) solving issues you may experience with the use of the Services, and (iii) solving any issues you may have as a result of your incorrect use of the Services.

 

  1. Registration, Login Credentials & Security

 

  1. Upon your placing of an order for a Service on the Platform, a User Account (as defined below) is automatically created by HotelsNearMe for you. However, such User Account (as defined below) shall remain inactive until you click on the ‘create an account’ button on the Website, Mobile App or contained in the email sent by HotelsNearMe to you.

 

  1. To earn rewards and gain other benefits, as further described under Section 12,  you must register on the Website or Mobile App by providing all required information which shall include but not be limited to your full name, email address, social media network token (should you register by authenticating your details via your login credentials held with a third party social media network), and contact information. You acknowledge and agree that in order to verify the validity of the information you have provided to HotelsNearMe when registering, HotelsNearMe shall send you a link via email and/or text message (sms). Upon receipt of the link, you shall click on such link so as to verify and confirm your email address and telephone number. 
  1. After verification, an account may thereafter be opened by HotelsNearMe, in its sole discretion, for you on the Website and Mobile App (“User Account”). You acknowledge and agree that HotelsNearMe may, in its sole discretion, deny you access to its Website, Mobile App, Platform and/or Services for any reason or no reason at all.
  1. You agree to:

 

(i)      provide true, accurate, current and complete information about yourself as prompted by HotelsNearMe’s registration process on the Website or Mobile App; and

(ii)      maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete at all times.

  1. If you provide any information to HotelsNearMe that is untrue, inaccurate, outdated, or incomplete, or if HotelsNearMe has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, HotelsNearMe may close your User Account on the Website and Mobile App and deny you the ability to access and use the Services.
  1. You may indicate to HotelsNearMe, during the registration process, your choice of User Account’s username (i.e. your email address or phone number) and password to be used as login credentials to access your User Account (“Login Credentials”). You shall be solely responsible for (i) maintaining the confidentiality of your Login Credentials; and (ii) any and all activities which occur under your User Account. 
  1. Security. You agree to notify HotelsNearMe immediately of any unauthorized use of your User Account or any other breach of security. HotelsNearMe shall not be liable for any loss that you may incur as a result of any third party using your Login Credentials and/or accessing/using your User Account either with or without your knowledge. However, you may be held liable for losses incurred by HotelsNearMe due to any third party using your Login Credentials and/or User Account. You acknowledge and agree that you may not (i) use the User Account of another user registered on the Website or Mobile App without the express permission of such User Account holder, and (ii) impersonate any individual or entity, or falsely state or otherwise misrepresent any affiliation with an individual or entity when accessing the Website and Mobile App and when using the Services on the Platform.
  1. Pricing of the Services, Intermediary Fee, Payment Terms & Taxes

 

  1. As an intermediary, HotelsNearMe collects money from you for the Services, for and on behalf of the Third Party Vendors. HotelsNearMe shall ensure to publish and maintain accurate prices and information related to the Services on the Website and Mobile App. You acknowledge and understand that HotelsNearMe’s Third Party Vendors provide HotelsNearMe with the price, availability and information related to the Services on the Platform. In the event that the Service(s) on the Platform has an incorrect price or contains inaccurate information on the Service being provided by the Third Party Vendor, due to a typographical error or other error as received from the Third Party Vendor, HotelsNearMe may refuse or cancel any requests, bookings and/or reservations made for the applicable Service(s), irrespective of whether or not (i) your request, booking and/or reservation has been confirmed by the Third Party Vendor, and/or (ii) your credit/debit card has been charged for the relevant Service(s). However, in the event that your credit/debit card  was charged for the purchase of the cancelled Service(s) while your request, booking and/or reservation was cancelled as a result of an incorrect price or information (for example: incorrect hotel, airline, or car rental information), HotelsNearMe will promptly issue you with a refund to your credit/debit account in the amount of the charge made to your credit/debit card for the Service(s). You acknowledge that the Services advertised by HotelsNearMe on the Platform are subject to availability by the Third Party Vendor and can be withdrawn or varied by HotelsNearMe at any time without notice to you.

 

  1. Intermediary Fee. 
  1. As a facilitating intermediary/entity which is only a third party to any Services purchased by you on the Platform, HotelsNearMe shall collect from your payment method, a fee as compensation for the Services listed on the Platform and provided to you via Third Party Vendors (“Intermediary Fee”). The Intermediary Fee includes but is not limited to the cost of facilitating your booking(s) and/or reservation(s) with the Third Party Vendors, administrative fees, transaction  fees, and customer service costs.
  1.  You acknowledge and agree that the Intermediary Fee collected by HotelsNearMe for some of the Services you purchase on the Platform, may, upon your cancellation of such Service(s) for any reason, be non-refundable.
  1. Except as described below in Section 5.4, HotelsNearMe shall not be responsible for collecting and remitting taxes to the applicable taxing authorities on behalf of its Third Party Vendors. HotelsNearMe’s Third Party Vendors may include all applicable taxes in the pricing for the Services listed on the Platform. As such, HotelsNearMe pays the  Third Party Vendor all amounts you pay for the Services listed on the Platform, less HotelsNearMe’s Intermediary Fee, directly to its Third Party Vendors. HotelsNearMe is not associated with any Third Party Vendor with whom you book or reserve your   travel arrangements via the Platform. You acknowledge, understand and agree that any applicable Taxes (defined below) and the appropriate tax rate charged by the Third Party Vendor, varies greatly by location and the industry within which the Third Party Vendor belongs to.

 

  1. Payment Terms. Payment for the Services on the Platform shall be due on or before the date specified on the Website or Mobile App. Should HotelsNearMe not receive payment for the Services (including the Intermediary Fee) you have selected on the Platform at the time of the purchase of the Service(s), HotelsNearMe and/or the Third Party Vendor may cancel your booking or reservation.
  1. Taxes. 

 

  1. Under these Terms, the term “Taxes” shall mean taxes, charges, duties, fees, levies, assessments and other charges of a governmental authority, including income, withholding, social security, social contribution, transfer, sales, use, value-added and all other taxes of any kind for which a Party may have any liability imposed by any governmental authority, whether disputed or not, any related charges, interest or penalties imposed by any governmental authority, and any liability for any other person as a transferee or successor by Law, contract or otherwise.

 

  1. All pricing for the Services, as displayed on HotelsNearMe’s Website and Mobile App are exclusive of any and all Taxes paid by the Third Party Vendors.

 

  1. You shall be responsible for the payment of all Taxes associated with your purchase of the Services via the Platform. You shall not deduct from the payments, owed to HotelsNearMe and any applicable Third party Vendor, any Taxes, except as required by applicable law.
  1. You acknowledge and agree that you shall be solely and exclusively responsible for all Taxes arising out of your use of the Website and Mobile App.
  1. Booking & Reservations

 

  1. Once you have completed all applicable fields to enquire about a particular destination, trip, tour, car rental, accommodation and/or any other Service available for booking on the Platform; or initiated such an enquiry by any other means of communication including by means of access to the Website, Mobile App and API, HotelsNearMe will provide you with the total price of your request (the “Quote(s)’). Once you have accepted the Quote you will follow the steps  indicated on the Website or Mobile App. Full payment of the total value of the Quote is required upfront in order to confirm your booking or reservation with the relevant Third Party Vendor. Once you have authorized HotelsNearMe and/or the Third Party Vendor to process the payment for your booking/reservation, HotelsNearMe will send you one or several emails confirming your booking/reservation and all its related details. In case of multiple bookings with several Third Party Vendors, should you or HotelsNearMe fail to confirm one or more bookings/reservations with the relevant Third Party Vendor(s), you acknowledge and agree that HotelsNearMe will (i) only process the bookings/reservations you have expressly confirmed, (ii) charge your payment method only for the total amount of the confirmed booking(s)/reservation(s), and (iii) remove any discounted rates that may have applied to the total amount representing both confirmed and non-confirmed bookings/reservations.

 

  1. When you request a Quote, when you make a reservation or when the Services are made available  to you by HotelsNearMe via the Platform, you shall be deemed to have read and accepted these Terms and to have the authority to agree to these Terms on behalf of any other person in whose name the Quote, booking or reservation is made.

 

  1. All Quotes HotelsNearMe may provide to you, and any bookings or reservations made by you on the Website and Mobile App, are subject to (i) the availability of the Service(s) from the Third Party Vendor, and (ii) you providing the Third Party Vendor with any additional information/documentation. The bookings’ and reservations’ period of validity shall be based on Third Party Vendor’s terms and conditions at the time HotelsNearMe provides you with a Quote for the booked/reserved Service(s). You acknowledge and agree that you shall submit prompt payment in accordance with the deadline(s) specified by HotelsNearMe on the Website and Mobile App Travel. Should you fail to make prompt payment for your selected Service(s) on the Platform, such failure will result in (i) the cancellation of the booking or reservation, (ii) the expiry of the Quote, and (iii) the possible increase in the price for the Service(s) when you next request another Quote and/or make another booking/reservation for the same Service package.

 

  1. Passports, Visas & Health

 

  1. You shall be solely responsible for ensuring that all passports, necessary visas (for both final and transiting countries) and travel permits are current, obtained on time and that your passport will be valid for six (6) months to one (1) year after your return to your home country. You shall further ensure that your passport contains sufficient blank pages for visa issuance. You agree to comply with any test/vaccination requirements including any specific Covid-19-related requirements imposed by the country/ies you travel to/from (i.e. testing, screening, quarantine, etc.).
  1. Visa and entry requirements may vary depending on your country of origin, your departure country, the length of stay and purpose of visit, amongst other factors. All visas and information can be obtained by contacting the applicable Consulate or Embassy of the countries you are travelling to or from a visa service company.
  1. All the requirements listed under this Section 7 must be checked, acknowledged and adhered to, before traveling. You acknowledge, understand and agree that any recommendations/suggestions provided by HotelsNearMe to you, including but not limited to information on visas, entry requirements, immigration, residency or Covid-19 requirements/regulations shall not be interpreted as specialist’s advice.

 

  1. HotelsNearMe shall not be responsible, liable or under any obligation for any consequence of any nature arising from your failure to ensure that you have complied with all such requirements (under present Section 7). HotelsNearMe shall endeavour to assist with all necessary information however, you acknowledge that this should not replace your responsibility in verifying and comply with all relevant requirements prior to your departure date. HotelsNearMe shall not be held responsible for any (i) denial of a visa application for any reason; (ii) delay of issuance of the visa by the relevant Consulate or High Commission; (iii) loss of a passport(s) by the consular offices and/or courier; (iv) change in visa costs and requirements; (v) any financial loss incurred by you as a result of a visa application being denied; passport application delays; and/or (vi) incorrect issuance of passport or visa.
  1. Insurance

 

  1. HotelsNearMe recommends that, prior to departure, you purchase adequate travel insurance cover for the duration of your trip, so as to be covered in case of (i) cancellation of your booking or reservation, (ii) worldwide epidemics (such as SARS, Coronavirus), (iii) illness, accident or injury, (iv) personal liability, and/or (v) loss or damage of baggage/personal equipment.
  1. You acknowledge that any travel insurance referred to you by HotelsNearMe, on the Website and Mobile App, shall be subject to the terms and conditions of the Third Party Vendor providing such insurance policy. 
  1. HotelsNearMe shall not be liable should you fail to take adequate insurance cover. In addition, HotelsNearMe shall assume no responsibility in the event of a Third Party Vendor’s default, or cessation of the Service(s) being provided to you by the Third Party Vendor. For any dispute, or query regarding your insurance policy, you shall have recourse only against the relevant/applicable Third Party Vendor and HotelsNearMe shall not be responsible or liable for any loss, harm, damage, and costs of whatsoever nature and howsoever incurred in connection with your travel arrangements and the use of the Service(s) on the Platform.
  1. Cancellations & Refunds 

 

  1. If you wish to cancel or request a refund for the Service(s) you have booked/reserved, cancellation penalties may apply in accordance with the terms and conditions of the Service(s) you have purchased on the Website and/or Mobile App. These terms and conditions will be determined by the applicable Third Party Vendor responsible for the provision of the Service(s) booked/reserved by you on the Platform. HotelsNearMe shall not be responsible for (i) you forfeiting any deposit(s) previously paid to the applicable Third Party Vendor for the relevant Service(s); (ii) any applicable cancellation costs or administrative charges that a Third Party Vendor may impose on you; or (iii) HotelsNearMe’s failure to obtain any refund from any Third Party Vendors on your behalf. Furthermore, you acknowledge and agree that HotelsNearMe may, in its sole discretion, determine that you forfeit any deposit previously paid to the applicable Third Party Vendor,   irrespective of the Third Party Vendor’s terms and conditions.
  1. Cancellation and refund policies will be outlined/detailed under each Service page provided on the Platform and shall be restated on your booking/reservation order form/voucher. The cancellation and refund policies in effect at the time of your purchase of the Service(s) shall apply in case of cancellation of the relevant Service or in case of refund request made by you. 

 

  1. You acknowledge, understand and agree that some Services, which are sold on the Platform at a lower rate, may carry non-refundable penalties.
  1. Considering that HotelsNearMe acts solely as a third party intermediary, HotelsNearMe can only assist you in processing your refund request with the applicable Third Party Vendor and following up on the status of your refund with such Third Party Vendor. You understand that HotelsNearMe will only give you a refund upon receipt by HotelsNearMe of the refund amount from the relevant Third Party Vendor.
  1. Chargeback Policy

 

  1. Should you have a question about a charge on your credit or debit card statement, HotelsNearMe recommends that you first contact HotelsNearMe prior to disputing the charge with your credit /debit card company. HotelsNearMe shall endeavour to discuss any questions or concerns you may have about any and all charges made to your credit or debit card in relation to the Services on the Platform, and HotelsNearMe will work with you in resolving your concerns. 
  1. You acknowledge and agree that HotelsNearMe retains the right to: 

(i)      investigate, dispute, rebut and recover costs from you in relation to any chargeback, which HotelsNearMe believes in its sole discretion to be improper, including but not limited to chargebacks (a) resulting from non-cancellable reservations, (b) resulting from charges made to your credit/debit card by authorized family members, friends or other third parties, (c) arising from the Third Party Vendor’s failure to deliver a product or service in a manner that is consistent with the Third Party Vendor’s   product/service description, or (d) resulting from a Force Majeure Event (defined below); and

(ii)      cancel any travel reservation in the event of a chargeback related to such reservation.

  1. By using the Services to make a reservation via any of HotelsNearMe’s Third Party Vendors on the Website and/or Mobile App, you agree to the relevant cancellation and refund policy of such Third Party Vendor(s) and/or HotelsNearMe. The Third Party Vendor’s cancellation / refund policy applicable to each reservation made by you shall be made available by HotelsNearMe to you on the Website and Mobile App. You acknowledge that certain rates or promotions displayed by HotelsNearMe on the Platform may not be eligible for cancellation, refund or change. 

 

  1. Tickets

 

  1. Upon making payment for the Services on the Platform, you will receive a ticket ("Ticket(s)") for the Service you booked on the Website or Mobile App. In order to access and print your Ticket, you will be directed to a secure webpage hosted by HotelsNearMe that contains a link to your Ticket. Your Ticket will also be emailed to you by HotelsNearMe. 
  2. You must provide the Ticket in (i) print format if stipulated on the Ticket; or (ii) digital format available on HotelsNearMe’s Mobile App; or (iii) pdf format as emailed to you by HotelsNearMe, to the applicable Third Party Vendor in order to make use of the Service(s) you have purchased on the Platform. You acknowledge that you may also need to supply additional information/documentation to the applicable Third Party Vendor to validate your booking and/or reservation. 
  3. For security purposes, when redeeming your Ticket you must present a valid photo ID and meet any other requirement as requested by HotelsNearMe on the Website and Mobile App, or by any of its relevant Third Party Vendors.

 

  1. Rewards and Promotions 

 

  1. HotelsNearMe provides all of its users (including you), via its Third Party Vendors, with the ability to accumulate reward points. The number of reward points you accumulate will determine your status on the Website and Mobile App. You may obtain reward points by increasing your activity on the Website and Mobile App, including without limitation by (i) registering for a User Account, (ii) signing up for HotelsNearMe’s newsletter, (iii) inviting friends to visit the Website and/or Mobile App, and/or (iv) purchasing the Services on the Platform. Depending on your status level on the Website and Mobile App, the applicable Third party Vendor may offer you (i) special promotions, such as free upgrades, discounts and other rewards; and (ii) the opportunity to participate in online games and obtain virtual tokens and gifts.

 

  1. You acknowledge and understand that each Service offered on promotion at  discounted rates may be valid for a limited period as determined by HotelsNearMe in its sole discretion. You understand and agree that deposits or payments made by you in full for in order to make a booking/reservation during this limited promotional period may be non-refundable, non-exchangeable or non-changeable, in accordance with HotelsNearMe’s specific terms and conditions of such promotion and as provided on the Website and Mobile App.

 

  1. Acceptable Use of the Website and Mobile App

 

  1. You may not use the Website and/or Mobile App to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation; (ii) in a manner that infringes HotelsNearMe’s Intellectual Property Rights (defined below) or any third party’s intellectual property rights; (iii) in a manner that violates the privacy or other personal rights of third parties; (iv)  that is defamatory, obscene, threatening, abusive or hateful, and/or (v) in order to upload, post, email, transmit, or otherwise make available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable.

 

  1. When accessing the Website or Mobile App, you shall be prohibited from:

 

  1. using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website or Mobile App;
  2. taking any action that imposes an unreasonable or disproportionately large data load on the Website’s or Mobile App’s infrastructure;
  3. copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website or Mobile App without HotelsNearMe’s prior written consent;
  4. accessing, tampering with, or use non-public areas of the Website, Mobile App and/or Services, of HotelsNearMe’s computer systems and/or of HotelsNearMe’s third party providers’ technical delivery systems; 
  5. probing, scanning, or testing the vulnerability of any of HotelsNearMe’s system or network or breach or circumvent any of HotelsNearMe’s security or authentication measures; 
  6. accessing, searching or attempting to access or search the Website, Mobile App and/or Services by any means other than through HotelsNearMe’s currently available, published interfaces that are provided by HotelsNearMe, unless you have been specifically allowed to do so in a separate agreement with HotelsNearMe; 
  7. reverse-assembling, reverse-engineering, decompiling or otherwise attempting to discover any source code relating to the Website, Platform, Mobile App and/or Services or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  8. attempting to access any area of the Website or Mobile App to which access is not authorized; 
  9. using any robot, spider, other automatic device or manual process to monitor or copy any part of the Website or Mobile App;
  10. conducting any systematic or automated data collection activities on or in relation to the Website or Mobile App, including but not limited to data scraping, mining, extraction, harvesting, framing and article spinning, without HotelsNearMe’s prior written consent; 
  11. using manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website or Mobile App;
  12. using the Website or Mobile App to transmit or send unsolicited commercial and marketing communications for any purpose, without HotelsNearMe’s prior written consent;
  13. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose; 
  14. disrupting or interfering with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website or Mobile App;
  15. creating or maintaining any third party link on the Website or Mobile App, without HotelsNearMe’s prior written consent; 
  16. running or displaying the Website or Mobile App, or pages, information or material obtained from the Websites or Mobile App on a third party website or application without HotelsNearMe’s prior written consent;
  17. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment; 
  18. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real-time interactions on the Website or Mobile App;
  19. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations;

and/or,

  1. collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

 

  1. All and any information, data, materials, proprietary software and content provided on the Website, Mobile App, Services and on HotelsNearMe’s Facebook page and/or other social media networks are intended for reference and general information purposes only. Information on this Website and/or Mobile App does not constitute an offer binding upon HotelsNearMe. Binding agreements with HotelsNearMe’s Third Party Vendors on the Website and Mobile App require a booking request to be made through the Platform and the supplier's acceptance of the booking request in accordance with these Terms and the Third Party Vendor’s applicable terms and conditions.   

 

  1. User Generated Content

 

  1. HotelsNearMe allows you to make available/post certain information and other text, graphics, reviews, discussions, pictures, maps, or any other material (“User Generated Content”) on the Website or Mobile App. You shall be responsible for the User Generated Content that you post to the Website or Mobile App, including for its legality, reliability, and appropriateness. By posting User Generated Content on the Website or Mobile App, you grant HotelsNearMe the non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable right/license to fully exploit, use, modify, perform, display, reproduce, and distribute such User Generated Content on and through the Website or Mobile App. You shall retain any and all of your rights to any User Generated Content you submit, post or display on or through the Website and/or Mobile App and you shall be solely responsible for protecting those rights.   

 

  1. You represent and warrant that: 

 

  1. the User Generated Content belongs to you (i.e. you own it) or that you have the right to use it (e.g. as licensee) and grant HotelsNearMe the rights and (sub-)license as granted by you under Section 14.1 of these Terms, and  
  2. the posting of User Generated Content on or through the Website or Mobile App does not violate (a) HotelsNearMe’s Intellectual Property Rights (defined below) or any third party’s intellectual property rights, (b) privacy rights, publicity rights, copyrights, contract rights or any other rights of HotelsNearMe or of any third party.

 

  1. HotelsNearMe reserves the right to block or remove User Generated Content that HotelsNearMe determines to be: (i) abusive, defamatory, or obscene; (ii) fraudulent, deceptive, or misleading; (iii) in violation of HotelsNearMe’s Intellectual Property Rights (defined below) or of any third party’s intellectual property rights or; (iv) offensive or otherwise unacceptable to HotelsNearMe in its sole and exclusive discretion. HotelsNearMe acknowledges that, by providing you with the ability to view and distribute User Generated Content on the Website or Mobile App, HotelsNearMe is merely acting as a passive conduit for such distribution and is not assuming any obligation or liability relating to any contents or activities or transactions on the Website and/or Mobile App.

 

  1. By sending HotelsNearMe any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback shall not contain any confidential or proprietary information belonging to any third party(ies), (ii) HotelsNearMe is under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) HotelsNearMe may have feedback which is similar to your Feedback, already under consideration or in development, and (iv) you grant HotelsNearMe an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute, sublicense and prepare derivative works of the Feedback, and (v) you irrevocably waive, and cause to be waived, against HotelsNearMe and its vendors and users any claims and assertions of any moral rights contained in such Feedback.

 

  1. You acknowledge that HotelsNearMe practices a zero-tolerance approach for any (i) User Generated Content, which is deemed by HotelsNearMe, in its sole discretion, to be objectionable, or (ii) users who are abusive, when accessing the Website and/or using the Services.

 

  1. Representations and Warranties

 

You hereby represent and warrant that your access to the Website and/or Mobile App and your use of the Services via the Platform will:

 

  1. be in accordance with these Terms;
  2. comply with all applicable laws, regulations and rules (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, and data protection;
  3. not be for any unlawful purposes;
  4. not entail, imply or give rise to the publication of any illegal content; 
  5. not further any illegal activities;
  6. not infringe upon or misappropriate any HotelsNearMe’s Intellectual Property Rights (defined below) or any third party’s intellectual property rights; and
  7. will not involve uploading, posting, emailing, transmitting or otherwise offering any content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any third party.

 

  1. Disclaimer of Warranties

 

  1. Unless otherwise provided under these Terms, the Services shall be provided by HotelsNearMe to you "as is" and “as available”, with all faults, defects, bugs, and errors.

 

  1. HotelsNearMe HEREBY (I) DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO YOUR USE OF THE SERVICES ON THE PLATFORM; AND (II)  MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO THE USER GENERATED CONTENT, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR INTEGRATION.  

 

  1. HotelsNearMe AND/OR ITS RESPECTIVE AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY OR COMPLETENESS OF (I) THE INFORMATION CONTAINED ON THE WEBSITE, MOBILE APP, PLATFORM AND SERVICES, AND (ii) RELATED GRAPHICS PUBLISHED ON THE WEBSITE, MOBILE APP, PLATFORM AND SERVICES FOR ANY PURPOSE. HotelsNearMe AND/OR ITS RESPECTIVE AFFILIATES (IF ANY) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION CONTAINED ON THE WEBSITE, MOBILE APP, PLATFORM AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.   

 

  1. YOU ACKNOWLEDGE THAT THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE, MOBILE APP, PLATFORM AND/OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND CHANGES. 

 

  1. NEITHER HotelsNearMe NOR ITS AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION THAT MAY BE AVAILABLE ON THE WEBSITE, MOBILE APP, PLATFORM AND SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE ELEMENTS OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE YOUR COMPUTER SYSTEM, DATA OR PERSONAL INFORMATION.

 

  1. HotelsNearMe MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE WEBSITE, MOBILE APP, PLATFORM AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE WEBSITE (INCLUDING THE PLATFORM) AND /OR SERVICES WILL BE CORRECTED, OR (IV) THAT THE PLATFORM AND SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. 

 

  1. HotelsNearMe MAKES NO REPRESENTATION OR ANY KIND THAT THE INCLUSION OR OFFERING OF ANY SERVICES ON THE WEBSITE, PLATFORM AND MOBILE APP DOES NOT CONSITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH SERVICES BY HotelsNearMe.

 

  1. WITHOUT LIMITING THE FOREGOING,HotelsNearMe PROVIDES NO WARRANTY OR GUARANTEE (I) FOR THE ACCEPTANCE OF ANY REQUEST, BOOKING, OR RESERVATION ON THE WEBSITE AND MOBILE APP; (II) THAT YOU WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR THE SERVICES AVAILABLE THROUGH THE PLATFORM, (III) THAT SERVICES WILL BE AVAILABILE INDEFINETLY ON THE WEBSITE AND MOBILE APP, OR (IV) REGARDING THE RESULTS YOU MAY OBTAIN FROM YOUR USE OF THE WEBSITE (INCLUDING THE PLATFORM) AND MOBILE APP.

 

  1. Intellectual Property

 

  1. All content, trademarks, software, data, information, or information contained in any materials, or documents used by HotelsNearMe in relation to the Website, Mobile App, Platform and Services, including but not limited to any and all copyrighted works, databases, text, algorithms, API, graphics, icons, blog posts, designs, logos, graphics, hyperlinks, domain names, codes, information and agreements (“Materials”), are the sole and exclusive property of or are licensed to HotelsNearMe. You may not reproduce, distribute or copy the Materials by any means, whether electronically or not, without HotelsNearMe’s prior written permission.

 

  1. Any and all intellectual property rights in the Materials, Website, Mobile App, Platform  and Services, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Materials and Services, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“HotelsNearMe’s Intellectual Property Right(s)”), vests solely and exclusively in HotelsNearMe, its affiliates (if any), licensors or vendors, as the case may be. All rights not expressly granted by HotelsNearMe to you are reserved by HotelsNearMe. Save as expressly set out herein, you shall not acquire any right, title or interest in HotelsNearMe’s Intellectual Property Rights. 

 

  1. You shall be the sole and exclusive owner of all your intellectual property rights in the User Generated Content (“User’s Intellectual Property Rights”) which you make available on the Platform. HotelsNearMe may not use any of User’s Intellectual Property Rights for any other purpose, other than mentioned under these Terms and not without your prior written consent. You hereby grant HotelsNearMe the non-exclusive right to use User’s   Intellectual Property Rights, free of charge, in connection with your use of the Services on the Platform, to the extent necessary for HotelsNearMe to (i) exercise HotelsNearMe’s  rights under these Terms, and (ii) perform HotelsNearMe’s obligations under these Terms.

 

  1. Indemnification

 

  1. You agree to indemnify and hold harmless HotelsNearMe from and against any liability, demand, damages, cost, or expense arising from any third party claim based on: (i) your violation of these Terms; (ii) your use or misuse of the Service(s); (iii) your infringement of HotelsNearMe’s Intellectual Property Rights; (iv) your use or inability to use and access the Website and Mobile App; and/or (v) the supply or non-supply of the Services to you, by the applicable Third Party Vendor. HotelsNearMe shall indemnify and hold you harmless from and against any liability or expense arising from a third party claim based on any Negligence of HotelsNearMe providing such claim is lodged in writing with HotelsNearMe within thirty (30) days after the date on which your booking of the Service(s) on the Platform is made. “Negligence” shall mean gross negligence or intentional misconduct. 

 

  1. In the event of a claim subject to indemnification hereunder, the indemnified Party shall: (i) promptly notify the indemnifying Party of the claim, (ii) provide the indemnifying Party with reasonable cooperation and assistance, at the indemnifying Party’s expense, to defend such claim; and (iii) allow the indemnifying Party the opportunity to assume the control of the defense and settlement of such claim. The indemnified Party shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim. The indemnifying Party must obtain the prior written approval from a duly authorized signatory of the indemnified Party prior to entering into any settlement affecting the indemnified Party’s rights.

 

  1. Limitation of Liability

 

  1. HotelsNearMe, ITS AFFILIATES (IF ANY), ITS LICENSORS, THIRD PARTY VENDORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF GOODWILL, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE AND/OR MOBILE APP, FROM YOUR USE OF THE SERVICES ON THE PLATFORM, EVEN IF HotelsNearMe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

  1. WHILE HotelsNearMe TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE, MOBILE APP OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, HotelsNearMe AND ITS AFFILIATES (IF ANY), LICENSORS, AND VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE WEBSITE OR MOBILE APP, THROUGH YOUR USE OF THE SERVICES ON THE PLATFORM. 

 

  1. YOU ACKNOWLEDGE AND AGREE THAT HotelsNearMe SHALL NOT BE LIABLE FOR ANY ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE, INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY VENDOR. IN THE EVENT OF THE NON-PERFORMANCE OF THE SERVICE(S) BY A THIRD PARTY VENDOR, AS A RESULT OF BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION OF THE THIRD PARTY VENDOR, YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR SOLE RECOURSE IN SUCH AN EVENT SHALL BE  TOWARDS SUCH THIRD PARTY VENDOR AND NOT TOWARD HotelsNearMe. 

 

  1. HotelsNearMe HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY (I) DELAY, CANCELLATION OR OVERBOOKING CAUSED BY THE THIRD PARTY VENDOR; (II) STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL; AND (III) ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

 

  1. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, YOUR USE OF THE SERVICES ON THE PLATFORM IS AT YOUR SOLE RISK AND IN NO EVENT WILL HotelsNearMe’S (INCLUDING ITS AFFILIATES (IF ANY), ITS LICENSORS, THIRD PARTY VENDORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES ON THE PLATFORM. 

 

  1. Privacy Policy

 

HotelsNearMe’s Privacy Policy, available at https://hotelsnearme.com/privacy-policy governs the use, storage and processing of the personal information you may provide to HotelsNearMe through your (i) access to the Platform via the Website and/or Mobile App, and/or (ii) use of the Services on the Platform. Your election to use the Services via the Platform (through the Website and/or Mobile App) shall be deemed to constitute your acceptance of the terms of HotelsNearMe’s Privacy Policy.

 

  1. Third Party Content 

 

  1. The Website, Mobile App, Platform and/or Services may contain links and/or ads to third party websites or resources. Such links and/or ads to third party websites or resources are provided only as a convenience. If you click on such links and/or ads you may leave the Platform, Websites, Mobile App and/or Services. You acknowledge and agree that HotelsNearMe shall not be responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. The simple fact that the Websites, Mobile App, Platform and/or Services contain links and ads to such third websites or resources does not imply any endorsement by HotelsNearMe of such third party websites or resources or of the third party content, products, or services available from such third party websites or resources.

 

  1. Your communications, interactions or business transactions/dealings with any third party organizations/companies and/or individuals (including contractors and other users) found on or through the Website, Mobile App, Platform and/or the Services, including any such third party’s terms, conditions, warranties or representations associated with such communications, interactions or business transactions/dealings (e.g. payment and delivery of goods or services), shall be solely between you and such third party except as may be otherwise stated herein. You acknowledge and agree that HotelsNearMe shall not be (i) a party to any such business transactions/dealings you may enter into with such third parties, and (ii) liable for any loss or damage incurred by you as the result of any communication, interaction, business transaction or other dealings you may have with any third party or users found through (a) the Platform via the Website and/or Mobile App and/or (b) your use of the Services. 

 

  1. Suspension & Termination

 

  1. HotelsNearMe may suspend or temporarily disable access to all or part of the Website, Mobile App, Platform, User Account, or Services if (i) HotelsNearMe suspects you of partaking in any illegal activity; (ii) HotelsNearMe reasonably believes that you have violated these Terms; or (iii) applicable law enforcement or other government agencies have requested HotelsNearMe to suspend or temporarily disable your access to the Website, Mobile App, Platform and/or Services. 

 

  1. If HotelsNearMe breaches any of its obligations under these Terms, you may terminate these Terms and refrain from accessing/using the Website, Mobile App and Services, and/or close your User Account (if applicable). Upon, your termination of these Terms, HotelsNearMe shall (i) block your access to all of the Website and Mobile App, (ii) block your use of the Services, (iii) disable your User Account (if applicable), and (iv) delete all of your data in your User Account (if applicable).

 

  1. Force Majeure

 

HotelsNearMe shall not be liable in the event that a HotelsNearMe’s performance of the Services is prevented, or rendered so difficult or expensive as to be commercially impracticable, by reason of an Act of God, epidemic, pandemic, labor dispute, governmental restrictions or actions, war (declared or undeclared) or other hostilities, or by any other event, condition or cause which is not foreseeable and is beyond the reasonable control of HotelsNearMe (“Force Majeure Event”). In the event of non-performance or delay in performance of the Services, which is attributable to a Force Majeure Event, the period allowed for performance of the applicable Service on the Website or Mobile App will be extended for a period equal to the period of the delay. However, HotelsNearMe shall use its best efforts to remove or overcome the cause of delay. In the event that the HotelsNearMe’s performance of the Services is delayed by a Force majeure Event for more than six (6) months, you shall have the right, which shall be exercisable for so long as the Force Majeure Event shall continue to exist, to terminate these Terms and the applicable Service without liability for such termination. 

 

  1. Age Restriction

 

You must be at least eighteen (18) years of age to be eligible to purchase, make a booking / request / reservation, cancel or modify any Services available through the Platform, Website and Mobile App. You acknowledge and agree that accessing the Services by persons younger than eighteen (18) years of age may not be lawful in certain countries, unless the parent and/or guardian of the minor child has provided his/her express consent for the minor child to purchase the Services on the parent’s and/or guardian’s behalf. As such, by accessing and using the Website and/or Mobile App, and by agreeing to these Terms, you warrant and represent that you are at least eighteen (18) years of age.

 

  1. No Agency Relationship

 

You acknowledge that HotelsNearMe is merely an intermediary that provides the Platform for you to access and use the Services. Accordingly, there is no employment, agency, joint venture, partnership or independent contractor relationship between you and HotelsNearMe.

 

  1. General Provisions

 

  1. Non-Exclusivity. The Parties’ respective obligations under these Terms are non-exclusive and nothing herein is intended to restrict you from accessing or using any other third party’s products or services, even if such products or services are similar to the Services provided by HotelsNearMe on the Platform via the Website and/or Mobile App.

 

Nothing herein is intended to limit HotelsNearMe’s right to provide the Services to other registered users as a third party intermediary.

 

  1. Severability. If any of the provisions or portions of these Terms are held to be invalid under any applicable statute or rule of law, they are to that extent deemed to be omitted from these Terms without in any way invalidating or impairing the other provisions of these Terms.

 

  1. No Waiver. A Party’s failure or delay in enforcing any provision of these Terms will not operate as a waiver of the right to enforce that provision or any other provision of these Terms at any time. A waiver of any provision of these Terms shall be in writing, specify the provision to be waived and signed/executed by the Party agreeing to the waiver. 

 

  1. Notices. Except as otherwise provided under these Terms, any notice required or permitted to be given will be effective only if it is in writing and sent by certified mail, registered mail, courier or to [email protected].  

 

  1. Governing Law & Dispute Resolution. These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of the State of New York, United States of America (USA). You agree that in respect of any dispute arising upon, over or in respect of any of the terms and conditions of these Terms, only the Alternative Dispute Resolution forum in the State of New York shall have jurisdiction to try and adjudicate such dispute to the exclusion of the State of New York’s Court system.

 

  1. Entire Agreement. These Terms represents the entire agreement between the Parties relating to the subject matter hereof. These Terms alone fully and completely expresses the agreement of the Parties relating to the subject matter hereof. There are no other courses of dealing, understanding, agreements, representations or warranties, written or oral, except as set forth herein.

 

  1. Contact Information

 

Should you have any questions regarding these Terms and/or any issues or concerns about the Website, Mobile App, Platform and/or Services you may contact HotelsNearMe at [email protected].  

 

Effective Date: 10th of November, 2020

 

[email protected]
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[email protected]
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