LIFE
IN A WINK! Website Terms and Conditions (“Terms”)
Please
carefully read the following terms and conditions since they govern all access
to, and use of, LIFE IN A WINK! website.
SITE
USER AGREEMENT
Your
use of any of Wink Hotels websites (this “Site”) is governed by the following
terms and conditions. Your use of this Site constitutes an agreement between
you and Wink Hotels, and its affiliates, subsidiaries and related companies
(collectively, “Wink Hotels”, “we”, “us” or “our”) and your acceptance of our
Privacy and Security Statement (Click Here for Privacy and Security Statement).
PLEASE
REVIEW THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY USING,
VIEWING, OR OTHERWISE UTILIZING THIS SITE, THE SERVICES OR FUNCTIONS OFFERED IN
OR BY THIS SITE AND/OR THE CONTENTS OF THIS SITE IN ANY WAY, YOU AGREE TO EACH
AND ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH
THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE USE OF AND LEAVE
THIS SITE. IF YOU ARE NOT EIGHTEEN (18) YEARS OF AGE OR OLDER OR ARE OTHERWISE INCAPABLE
OF ENTERING INTO A LEGALLY BINDING AGREEMENT, PLEASE IMMEDIATELY DISCONTINUE
USE OF AND LEAVE THIS SITE.
Wink
Hotels may, at any time, in its sole discretion, modify, add, or remove all or
portions of these terms and conditions without prior notice and, unless
otherwise indicated, such changes will be effective immediately; therefore,
please check these terms periodically for changes. Your continued use of this
Site following any changes to these terms and conditions shall be deemed
acceptance of any such changes. Please print and retain a copy of these terms
and conditions for your records.
PERSONAL
AND NONCOMMERCIAL USE LIMITATION
The
Site is for your personal, noncommercial use. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software, artwork,
text, video, audio, pictures, content, trademarks, trade dress and other
intellectual property, or any products or services found on, or obtained from,
this Site.
USE
OF THE WEB SITE
You
agree that the Site is available only to individuals and entities that can form
legally binding contracts under applicable law. Without limiting the foregoing,
the Site and the services offered by the Site are not available to minors. If
you do not qualify, you may not use the Site. You warrant that you are eighteen
(18) years of age or older and have full legal capacity to reserve a room on
this Site.
You
also agree that you are legally authorized to make the travel reservations
and/or purchases for another person for whom you are authorized to act. You may
only use this Site to make legitimate reservations or purchases and shall not
use this Site for any other purposes, including without limitation, to make any
speculative, false or fraudulent reservations, or any reservation in
anticipation of demand.
You
also warrant that all information supplied by you or members of your household
in using this Site is true and accurate. You understand that overuse or abuse
of the reservation facilities of this Site may result in your being denied
access to such facilities. For any reservations or other services for which
fees may be charged, you agree to abide by the terms or conditions of purchase
imposed, including, but not limited to, payment of all amounts when due and
compliance with all rules and restrictions regarding availability of rates,
products, or services. You shall be completely responsible for all charges,
fees, duties, taxes, and assessments arising out of the use of this Site and
you guarantee the accuracy of any information you provide in relation thereto,
including any payment information.
Some
rates have special eligibility requirements such as Extended Perks, or
membership. It is your responsibility to verify that you qualify for the rate
that you have booked. Wink Hotels is not obligated to honor rates if you do not
qualify.
NO
UNLAWFUL OR PROHIBITED USE
As
a condition of your use of this Site, you warrant to Wink Hotels that you will
not use this Site for any purpose that is unlawful or otherwise prohibited by
these terms, conditions, and notices.
COPYRIGHT
AND TRADEMARK NOTICES
All
materials contained in this Site are the copyrighted property of Wink Hotels,
its affiliates, subsidiaries, related companies and/or third-party licensors.
No material from this Site or any Internet site owned, operated, licensed, or
controlled by us or any of these parties may be copied, reproduced,
republished, uploaded, posted, transmitted, scraped or distributed in any way
without our prior express written consent. All trademarks, service marks, trade
names, trade dress, and logos are proprietary. You may not use any of the
trademarks, logos, or other proprietary information (including images, text,
page layout, or form) without our prior express written consent. We value our
trademarks and take infringement of them seriously.
COUPONS,
PROMOTIONS, AND OFFERS
On
occasion, we provide online coupons and special promotions to users of this
Site. Advertised prices are per standard room type based upon single occupancy.
Rates do not include taxes or incidental charges. Minimum stay may be required.
Unless otherwise specified, only one promotion discount per thirty days can be
used by the same guest at the same hotel location. Rates are subject to
availability and location and may be changed without notice. Additional
restrictions and blackout dates may apply.
CODE
OF CONDUCT
As
a condition to your use of the Site, you agree to follow our Code of Conduct
(“Code”), set out below. Under this Code, you will not:
- Upload,
email or otherwise transmit any images or other content that is unlawful,
obscene, harmful, hateful, invades the privacy of any third party,
contains nudity or pornography, or is otherwise objectionable.
- Disseminate
materials that impact or invade the privacy of others, such as
photographs, video clips, sound recordings, personally identifiable
information, or other materials that reveal personal, private or sensitive
information about another person, without that person’s consent.
- Submit
material that is intentionally false, defamatory, unlawfully threatening,
or unlawfully harassing.
- Infringe
any third party’s copyright, patent, trademark, trade secret, or other
proprietary rights or rights of publicity or privacy. Electronic materials
– such as music, videos, games, images, and text in electronic form – can
easily be copied, modified, and sent over networks (such as the internet).
These electronic materials are thus extremely vulnerable to unauthorized
distribution and copyright infringement. These materials may not be
transmitted over the Site without the copyright owner’s permission or
without a legitimate “fair use” justification for the transmittal.
- Transmit
materials that contain any viruses, Trojan horses, worms, time bombs,
cancelbots, or other computer-programming routines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information.
- Use
the Site to artificially generate traffic or page links to a website or
for any other purpose not expressly allowed under these Terms.
- Use
the Site in a manner that could disable, overburden, or impair the Site or
interfere with any other party’s use and enjoyment of the Site, such as
through sending “spam.”
- Use
the Site to test or reverse engineer the Site to find limitations,
vulnerabilities, or to evade filtering capabilities.
- Seek
to obtain access to any materials or information through “hacking”, “data
harvesting” or through other means we have not intentionally made
available to you through the Site.
- Use
the Site for any purpose that is unlawful or prohibited by these Terms.
For example, you will not use the Site to violate any law, statute, or
regulation (including, without limitation, those governing export control,
consumer protection, unfair competition, anti-discrimination or false
advertising).
REGISTRATION/PASSWORDS
If,
at any time, Wink Hotels requires registration to access or use any areas or
information at this Site, you agree to: (1) provide true, complete, accurate
and current data, as requested in the registration process (the “Registration
Data”); (2) maintain and update the Registration Data promptly as required
herein; (3) prevent unauthorized access or use by you or others by using your
user identification number and/or passwords; (4) promptly report any
unauthorized use or disclosure of your password or other breaches of any Site
security; and (5) not assign or transfer (or attempt to do the same) any rights
granted to you under the Terms. Wink Hotels reserves the right to suspend,
and/or to refuse any further, access or use of any Site or information if Wink
Hotels learns or reasonably suspects that your Registration Data is false or
inaccurate, if you refuse to provide complete and updated registration
information, or you misuse or permit another to use your password who is not
authorized to do so.
LINKS
This
Site may contain hyperlinks to websites owned or operated by parties other than
Wink Hotels. Such hyperlinks are provided for your convenience only, and the
inclusion of any such hyperlink does not imply endorsement by Wink Hotels of
the linked websites or any association by Wink Hotels with the owners or
operators of such websites. The linked websites are not under the control of
Wink Hotels, and Wink Hotels is not responsible for the availability or privacy
and/or security policies of such websites. Wink Hotels does not endorse and is
not responsible or liable for any content, products, services or other
materials available on or through any linked website, including without
limitation any hyperlink contained in a linked website. By using the Site to
search for or link to another website, you agree and understand that such use
is at your own risk.
LIMITATION
ON LIABILITY
WINK
HOTELS SHALL NOT BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE SERVICES OR
FUNCTIONS OF THIS SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO
ACCESS, THIS SITE OR YOUR RELIANCE UPON THIS SITE OR THE SERVICES, CONTENT OR
MATERIALS IN, OR FUNCTIONS OF, THIS SITE, PROVISION OF, OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), TO THE
FULLEST EXTENT PERMITTED BY LAW. WINK HOTELS HAS NO DUTY TO UPDATE THIS SITE OR
THE CONTENTS THEREOF AT ANY TIME OR FOR ANY REASON. IN NO EVENT SHALL OUR TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU ONLY AT THE TIME OF
OCCURRENCE OF EVENT CAUSED YOUR VALID CLAIM, IF ANY, FOR ACCESSING AND USING
THIS SITE.
DISCLAIMERS
YOU
AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT, MATERIALS,
AND SERVICES IN THIS SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS
WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY
KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR
PURPOSE.
THIS
SITE MAY CONTAIN ERRORS, INACCURACIES, OMISSIONS OR INCOMPLETE DATA (INCLUDING
WITHOUT LIMITATION MISTAKEN HOTEL RATES OR AVAILABILITY). WINK HOTELS RESERVES
THE RIGHT TO REVOKE ANY STATED OFFER AND TO CORRECT ANY ERRORS, INACCURACIES OR
OMISSIONS INCLUDING AFTER A RESERVATION ORDER HAS BEEN SUBMITTED AND WHETHER OR
NOT THE ORDER HAS BEEN CONFIRMED AND YOUR CREDIT CARD CHARGED. IF YOUR CREDIT
CARD HAS ALREADY BEEN CHARGED FOR THE RESERVATION AND YOUR RESERVATION IS
CANCELLED, WE WILL ISSUE A CREDIT TO YOUR CREDIT CARD ACCOUNT IN THE AMOUNT OF
THE CHARGE. WINK HOTELS DOES NOT WARRANT, REPRESENT OR ENDORSE THE ACCURACY,
RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT, OR MATERIALS
IN THIS SITE OR ANY SITE LINKED TO IT. FURTHER, WE DO NOT WARRANT THAT THIS
SITE OR THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THIS SITE
WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, MATERIALS OR THE SERVERS
THAT MAKE THIS SITE OR SUCH SERVICES, CONTENT AND MATERIALS AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE SERVICES, CONTENT, MATERIALS, OR FUNCTIONS AVAILABLE THROUGH THIS SITE
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
WE
RESERVE THE RIGHT TO CANCEL OR MODIFY RESERVATIONS WHERE IT APPEARS THAT A
CUSTOMER HAS ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR UNDER OTHER
CIRCUMSTANCES WHERE IT APPEARS THAT THE RESERVATIONS CONTAIN OR RESULTED FROM A
MISTAKE OR ERROR.
YOU
AGREE THAT WINK HOTELS IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY INJURY,
LOSS OR DAMAGE TO YOUR COMPUTER OR INTERCEPTION OR USE OF CREDIT CARD
INFORMATION RELATED TO OR RESULTING FROM USE OF THIS SITE.
INDEMNIFICATION
You
hereby agree to indemnify, defend and hold us, our parent companies and
affiliates and their subsidiaries, and each of our and their owners, partners,
members, affiliates, and each of such person’s or entities’ officers,
directors, agents, contractors, subcontractors, guests, residents, visitors,
licensees, invitees, and employees (collectively, the “Indemnified Parties”)
harmless from and against any and all allegations, demands, claims,
liabilities, damages, fines, penalties or costs of whatsoever nature (including
reasonable attorneys’ fees) loss of or damage to any property or otherwise (“Claims”)
arising out of or in any way connected with the Terms (except as and to the
extent prohibited by applicable law) or Claims arising from your account,
including, without limitation, any Claims related to infringement by you of the
intellectual property rights of any person, including without limitation,
copyright, patent, trade secret, trademark, artist rights, privacy, publicity
or rights under other intellectual property laws. If any Claim is made or any
action or proceeding is brought against the Indemnified Parties, or any of
them, arising out of or connected with the Terms, any such Indemnified Party
may, by reasonable notice to you, require you, at your expense, to resist such
Claim or take over the defense of any such action or proceeding and employ
counsel for such purpose, such counsel to be subject to the prior written
approval of such Indemnified Party, which approval shall be deemed to have been
given hereby in the case of counsel acting for your insurance underwriters
engaged in such resistance or defense. You shall cooperate with us in the
defense of any Claim. We reserve the right, at our own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you.
GENERAL
These
Terms shall be governed in all respects by Vietnam laws without giving effect
to its conflicts of law provisions. Any dispute arising out of or in relation
with the Terms shall be resolved by the competent court of Vietnam. If any
provision of these Terms is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall be enforced. Headings are
for reference purposes only and in no way define, limit, construe, or describe
the scope or extent of such section. Wink Hotels’ failure to act with respect
to a breach by you or others does not waive its right to act with respect to
subsequent or similar breaches. The Terms set forth the entire understanding
and agreement between Wink Hotels and you with respect to the subject matter
hereof and supersede any prior or contemporaneous understanding, whether
written or oral.