FIND Terms & Conditions
(Effective January 28, 2019)
Welcome to FIND! FIND is a platform brought to you by Hyatt to offer you the opportunity to enjoy unique experiences (“Experiences”). FIND is operated in collaboration with Traina Interactive, which does business as IfOnly (“IfOnly”). IfOnly operates the FIND website, which is available at worldofhyatt.com/experiences (“Site”).
You are now reading the FIND Terms & Conditions (“Terms”), which is an agreement between you and us. As used throughout the Site, the terms “Hyatt,” “our,” “we,” “us,” and other similar terms may refer to one or more of Hyatt Hotels Corporation, Hyatt Corporation, Hyatt International Corporation, Select Hotels Group, LLC, one or more of their direct or indirect subsidiaries or affiliates, or Hyatt’s vendors, specifically including IfOnly. These particular terms are used for convenience only and are not intended as a precise designation of any one particular entity.
These Terms govern your access to the FIND platform and services offered via this Site, which is operated by IfOnly. To make these Terms easier to read, the FIND platform and service and the Site are collectively called the “Services.” You must read the Terms carefully before you use the Services. These Terms apply to all users of the Services whether you are a Registered User (defined below) or just visiting. If you have any questions feel free to send us a note at experiences@hyatt.com. We will happily answer any questions you have.
These Terms include the terms and conditions for how FIND activities integrate with the World of Hyatt program.
Defined Terms
You will notice that some words appear in quotes in the Terms. They are called “Defined Terms,” and we use them so we do not have to repeat the same language again and again, and to make sure that the Terms are consistent. We have included the defined terms throughout because we want it to be easy for you to read them in context.
Agreement to our Terms
By accessing or using the Services, you agree to be bound by these Terms, whether or not you have registered with the Services. These Terms govern the terms on which all Experiences are made available on the Site. If you do not agree, then you should not, and in fact are not permitted, to use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. Certain areas and features of the Site or of the Services and certain Experiences may have additional terms, and you should read those additional terms. For example, if you purchase an Experience or enter a sweepstakes, you will be bound to the terms specific to that Experience or sweepstakes. Any Experience or its specific terms may be altered at any time prior to purchase without notice. If there’s a conflict between these Terms and the additional terms, the additional terms will govern that Experience or your use of those areas of the Site or features of the Services.
Changes to these Terms or the Services
We can change these Terms at any time. If we do so, we will let you know either by posting the revised Terms on the Site or through other communications. It is important that you review the revised Terms because if you continue to use the Services after we have provided notice of the change, you are telling us that you agree to be bound by the changed Terms. If you do not agree to be bound by the revised Terms, then you are not allowed to use the Services anymore. We are always striving to make the Services better and because they are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our discretion.
Our Role: We Are a Service Provider
The term “Experiences” means the experiences, activities, or interactions including in-person experiences, activities, or interactions and virtual experiences, activities, or interactions, offered by the Luminary via the Services.
The term “Experience Listing” means the description of the Experience including, but not limited to, the price of the Experience and the date and time, as applicable.
The term “Luminary” means a person or entity that has accepted a specific set of terms in order to offer an Experience via the Services; in the case of Experiences involving the sale of alcoholic beverages, the seller offering the Experience is the alcoholic beverage licensee who is offering alcoholic beverages for sale. For certain Experiences, the Luminary may be a Hyatt hotel.
The term “Registered User” means a person that completes our Profile Registration Process (defined below), including End Users and Luminaries.
The Luminary is responsible for honoring the purchase of any Experience. Neither Hyatt nor IfOnly nor any of their affiliates is responsible for honoring the purchase of any Experience. The Luminary may require you, as an End User, to enter into an agreement with the Luminary, and you acknowledge that if you fail to do so, you may not be able to participate in the Experience; in such an event, you may not receive a refund or exchange for the purchase of your Experience. Some Experiences include the ability to interact with a Luminary. We do not, and cannot control your interactions with Luminaries; we expressly disclaim any liability arising from such interactions. As an End User, you may be required to sign and return a waiver and liability release before you participate in an Experience.
Eligibility
You can only use the Services if you are 18 years or older, can enter into legally binding contracts, and are not barred from using the Services under applicable law. Please be aware that some experiences may require you to be a certain age (e.g., certain experiences may require you to be at least 21 years of age). Those requirements will be disclosed in connection with the Experience. Please note, however, that, while some Experiences may be available for purchase or attendance by individuals of all ages, some aspects of certain Experiences may only be available to individuals who meet certain age limits. For example, a dinner may be available for a person of any age to attend, but alcohol will not be served to individuals who have not reached the legal drinking age in that location.
Registration
If you want to use certain features of the Services you will need to sign in to your World of Hyatt account from our Site and a FIND profile will be created (“Profile”) and you will become a Registered User. The process of creating this Profile is the (“Profile Registration Process”).
You are responsible for maintaining the secrecy of your passwords, sign-in, and Profile information. You are responsible for all activities that occur under your Profile and you will immediately tell us about any unauthorized use of your Profile.
Registered User Conduct Terms
You agree that you will only use the Services in a manner that is consistent with the Registered User Conduct Terms, set forth below. If you do not, we might have to suspend or terminate your Profile. In connection with your use of the Services you agree that you will not:
Content Ownership and Responsibility
The term “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.
As between us and you, we and our licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights therein even if we incorporate any Feedback (as defined below) into subsequent versions of the Services or Content or otherwise use such Feedback. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Feedback
We welcome your input for improvements to the Services. If you decide to provide ideas, comments, suggestions or other feedback to us (whether written, verbal or in any other format) in connection with the Services or these Terms (“Feedback”), you acknowledge and agree that we have no obligation (whether of confidentiality, compensation or otherwise) with respect to such Feedback and we will be free to use and exploit the same in any manner without restriction of any kind. You agree that all Feedback will be our sole and exclusive property. You hereby irrevocably transfer and assign to us and agree to irrevocably transfer and assign to us all of your right, title, and interest in and to all Feedback, including all intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights and other legal protections for the Feedback. Further, you acknowledge and agree that we may currently or in the future be developing information and materials internally, or receiving information and materials from other parties, that are similar to your Feedback or Experience Listings. Nothing in these Terms will be construed as a representation or agreement that we will not develop or have developed, distribute, market or promote applications, services, products or concepts that are similar to and/or compete with the applications, services, products or concepts contemplated by or embodied in any Feedback or your Experience Listings.
Terminology
Please be aware of the following defined terms.
“Change Fees” means any fees that are due from an End User for a Change Request (defined below).
“Net Proceeds” is the list price of the Experience plus any applicable Change Fees, but excluding any discounts, taxes, shipping, or other fees applied.
“Payment Method” means any of the payment methods used to purchase an Experience, such as World of Hyatt points, a credit card or debit card, wire transfer, third party payment service like PayPal, or such other means as may be provided.
“Purchase Fees” means the amounts due (whether monetary payment or World of Hyatt points) from an End User for the purchase or confirmed scheduling of an Experience plus the Tax and any applicable shipping fees.
“Tax” or “Taxes” means any sales taxes, value added taxes (VAT), and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
“Ticket Minimum” means the minimum number of tickets determined by the Luminary that must be pre-purchased for the Experience to be held.
“Total Fees” means collectively the Purchase Fees and Change Fees plus any shipping and/or Taxes.
Payments and Cancellations/Returns
When you initiate a purchase transaction or request to schedule an Experience via the Services, you will be asked to provide certain billing information such as your name, billing address, and credit card or payment information. As an End User, upon completion of a purchase on the Site for an Experience or the confirmed scheduling of an Experience and any Change Requests (defined below), you will be liable to pay the Total Fees presented at checkout. You agree to pay the Total Fees for any transactions made in connection with your Profile. Charges will appear on your credit/debit card statements as IfOnly. Hyatt is not the merchant of record. You will pay the Total Fees to IfOnly, including any amounts that we may remit to the Luminary and to the Charity, if applicable.
You hereby authorize the collection of such amounts by IfOnly by charging your selected Payment Method. In addition, you agree that IfOnly may charge your Payment Method for verification and pre-authorization purposes, and you agree to bear any additional charges that your bank or other financial service provider may levy on you. You agree that all Experiences are non-refundable unless otherwise specified on the Experience Listing and you will not dispute the Total Fees if the Experience is fulfilled substantially as presented in the Experience Listing.
If any aspect of an Experience is unavailable for any reason, the Luminary may, in its sole discretion, provide a substitute for that aspect or reschedule or cancel the Experience. Each Experience may be subject to minimum and maximum numbers of attendees, and if a minimum number is not met, the Experience may be rescheduled or, alternatively, cancelled with your payment returned.
Each Experience may have its own cancellation policy; please review each Experience, its terms and conditions, and cancellation policy prior to purchasing. No refund or credit will be issued, and no points will be returned, (a) if you do not cancel in accordance with the cancelation policy (to the extent an Experience is refundable at all) and you do not attend the Experience or (b) for any unused portion of an Experience.
For all Experiences, all expenses and incidental costs not specifically stated in the Experience Listing and/or receipt, including, but not limited to, fees for telephone use or other connectivity, travel, food or lodging are the sole responsibility of the End User.
Wire transfers are encouraged for orders above $10,000. We will confirm payment receipt before we will ship or fulfill the applicable Experience. Contact concierge@ifonly.com for more details on wire transfers.
A portion of the amounts paid for certain Experiences sold on the Site will go to a Designated Charity (defined below). See the section below titled “Designated Charities” for more information and the terms that apply to contributions to Designated Charities.
Payment and cancellation/returns for specific Experiences
Various types of Experiences are offered via the Services. For example, Luminaries can offer several types of virtual or in-person Experiences or digital products. As an End User, the type of Experience you order impacts when you are charged for your purchase. The process for cancellations and refund eligibility also varies depending on the type of Experience. It is your responsibility to review Experience Listing and the confirmation email(s) to verify the accuracy of the information relating to the Experience.
Change Requests
Custom Experiences
We may provide services to facilitate and arrange a customized Experience (each a “Custom Experience”) for purchase via the Services. If you wish to purchase a Custom Experience certain terms applicable to the Custom Experience will be provided at the point of purchase and/or reservation for the Custom Experience. In addition:
No Resale After Purchase
After the purchase of any type of Experience is completed and the Total Fees have been charged to your Payment Method, you may not resell the Experience or transfer it for value to a third party without our prior written consent and the applicable Luminary. These terms apply to all Experiences including direct purchases, sweepstakes, and auction related purchases via the Services.
Luminary’s Right to Terminate Experiences at Will
Note that a virtual or in-person Experience can be disrupted and/or discontinued without warning at any time—and with no refund to you—should the Luminary become uncomfortable with the conversation or interaction for any reason.
We do not permit reporters or other members of the media to purchase Experiences with Luminaries for the purpose of conducting an interview for broadcast or publication unless expressly approved by us and the Luminary in advance. If the Luminary determines that you are in fact attempting to conduct an interview or review for broadcast or publication, she or he is fully within their rights to terminate the Experience and you will not receive a refund for any of the Total Fees paid.
If your Experience is disrupted or discontinued, please email our Concierge team at experiences@hyatt.com with your order number immediately and except as stated above, we will try to assist you by rescheduling the Experience if possible.
Transactions Involving Alcoholic Beverages
Experiences that include alcoholic beverages may only be purchased by individuals, including without limitation End Users, who are least the legal drinking age in that location (“Legal Age”). At the time of delivery of any Products containing alcoholic beverages ordered by you using the Site, the shipper will require the signature of an adult possessing identification proving he or she is of Legal Age. You expressly represent and warrant that: (a) you are of Legal Age; and (b) you will provide bona fide identification showing your Legal Age to the shipper or Alcohol Seller of any lots that include alcoholic beverages.
The price of alcoholic beverages is determined by the licensed entity selling such products, and we do not receive profits from the sale of specific alcoholic beverage products on this Site. When you place an order for a Product containing alcoholic beverages using the Site (“Alcoholic Beverage Order”), such Alcoholic Beverage Order will be either accepted or rejected by the licensed entity to whom the Alcoholic Beverage Order was placed (“Alcohol Seller”). Neither Hyatt nor IfOnly nor any Luminary has any authority to accept your Alcoholic Beverage Order, and no sale pursuant to your Alcoholic Beverage Order will become final unless and until Alcohol Seller accepts your Alcoholic Beverage Order. For any Alcoholic Beverage Order accepted by Alcohol Seller (such accepted sale an “Alcoholic Beverage Purchase”), your credit card will be charged, and the funds from your credit card payment that relates to the Alcoholic Beverage Purchase will be deposited into an account for the benefit of Alcohol Seller in compliance with applicable alcoholic beverage laws. Note that we do charge a platform fee in connection with the use of our service unrelated to the price of alcohol.
No Endorsement
Unless expressly disclosed, we do not plan, host, operate, or provide the Experiences. We also do not endorse any Registered Users or Experiences. For security, detection, fraud prevention or other purposes, for certain experiences, we may either directly or through third party service providers, verify your identity and/or conduct background checks on you, including criminal background checks. In such instances, you may be asked to provide additional information for these purposes (including, but not limited to, your date of birth and social security number) and to execute any required consents and authorizations, and you agree to do so within 2 business days from the time we contact you (or such other time period as noted at such time) to enable us or our third party service providers to conduct such checks or processes. In the event that a specific Experience requires a background check, the Experience Listing will indicate that this requirement applies to the purchase of the Experience. By running such checks or processes we do not make any representations about, verify, confirm or endorse any Registered User or the Registered User’s identity or background.
We are not responsible for estimates, descriptions, condition, authenticity, title or any other matters relating to the offer and sale of any Experiences. Information about Experiences is provided by the Luminary and we do not verify the accuracy of this information. We are also not responsible for any personal injury, damage or harm resulting from your provision or purchase of (regardless of purchase method), or participation in, any Experience or your interaction with any Registered User. You, as an End User or Luminary, are responsible for your own acts and omissions, and the acts and omissions of any individual whom you invite to, or otherwise enable his or her participation in, an Experience, including without limitation any minors. You are responsible for the supervision of all minor participants in connection with any Experience and the attendance of, or participation by, any unsupervised minors in an Experience is prohibited.
By using the Services you agree that any legal remedy or liability that you seek to obtain arising from or related to an Experience, (including, without limitation, your Experience Listing or provision of any Experience) will be limited to a claim against the particular Registered User or other third parties who caused you harm and you agree not to attempt to impose liability on Hyatt, its affiliates, or IfOnly, or seek any legal remedy from Hyatt, its affiliates, or IfOnly with respect to Experiences.
Designated Charities
The term “Designated Charity” means a charitable organization selected by the Luminary that will receive a portion of the proceeds from the sale of such Experience via the Services in accordance with the terms and conditions of these Terms. A Designated Charity must either be (i) in the case of U.S. charitable organizations, an organization with 501(c)(3) status; or (ii) in the case of charitable organizations outside of the U.S., a comparable designation.
A percentage of the net proceeds from certain Experiences sold on the Site will be given to a Designated Charity (“Charity Percentage”). Not all Experiences have a Designated Charity. For applicable Experiences, the Charity Percentage will be a minimum of 5% for all such transactions. Luminaries may, at their discretion, choose a Charity Percentage that is higher than the 5% minimum. We do not place a cap on the total amount of contributions provided to any one Designated Charity; nor do we guarantee to provide a minimum dollar amount of contributions to any one Designated Charity. Because the Total Purchase Price for an Experience generally represents the full value of the applicable product or service part of an Experience, we cannot guarantee that any portion of the sale price is tax-deductible to you as a charitable contribution.
Eligible World of Hyatt members who participate in FIND agree to these Terms, which are in addition to the World of Hyatt Terms & Conditions (available at www.worldofhyatt.com/terms) (“World of Hyatt Terms”). The World of Hyatt Terms are hereby incorporated into these Terms, and these Terms are subject to the World of Hyatt Terms. In the event of a conflict between them, these Terms shall apply solely to the extent there is an express conflict. Capitalized terms that are not defined in these Terms have the meaning ascribed to them in the World of Hyatt Terms.
Some Experiences may provide the option to book them with a monetary payment or by redeeming World of Hyatt points while others may offer only one of those methods. Unless expressly identified as the Luminary for a particular Experience, World of Hyatt does not provide, operate, or endorse any Experience.
Participation
To transact on the FIND website, Members must sign-in to their World of Hyatt account. All references to “Members” herein refer to only those eligible World of Hyatt members who have a signed in to their World of Hyatt account on the FIND site.
Earning World of Hyatt Points
Members may earn ten (10) World of Hyatt Base Points for each whole U.S. dollar or U.S. dollar equivalent spent by the Member on the Eligible FIND Revenue (defined below) portion of an Experience purchased on this Site. Members who have obtained an elite tier in World of Hyatt and are entitled to Bonus Points on qualifying purchases will earn those bonuses on the Eligible FIND Revenue for an Experience purchased on the Site. Such bonuses will be awarded as Bonus Points. Experiences booked through any means other than this Site (such as directly with IfOnly on its own site or through third parties) will not qualify for any FIND benefits.
Members may not earn Partner Loyalty Points, M life Rewards Tier Credits, or other substitutes in lieu of points. Some Experiences may not be available for monetary purchase. Points are not earned on Experiences obtained by redeeming points. “Eligible FIND Revenue” is the final purchase price of an Experience purchased on this Site excluding taxes, gratuities, or service charges, which may be included in the purchase price stated on the Site.
Only the Member purchasing the Experience may earn points for the purchase. A Member who was not properly credited for the points earned in connection with an Experience purchase may request an adjustment within one (1) year of completing the Experience by contacting World of Hyatt customer service.
Redeeming World of Hyatt Points
Members may redeem points for Experiences on this Site. Experiences available for point redemption will indicate the number of points required. Please note that the number of points required may be measured per person or per event and that may vary from Experience to Experience. Points redeemed on the Site will be deducted from the Member’s World of Hyatt account within approximately three (3) days of booking the Experience. Members do not earn points when redeeming points. Members cannot combine points and a monetary payment to purchase a single Experience. Unless expressly permitted, no other award, upgrade, credit, or other World of Hyatt benefit besides points may be redeemed or used in connection with FIND or an Experience.
Entire Agreement
These Terms, including those terms and conditions applicable to any specific Experience as well as, to the extent applicable, the World of Hyatt program terms, constitute the entire and exclusive understanding and agreement between you and us regarding the Site, Services, Experiences, and Content. The Terms supersede and replace any and all prior oral or written understandings or agreements between you and us regarding the Site, Services, Experiences, and Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Links to Third Party Web sites or Resources
The Site may contain links to third-party web sites and resources on the Internet and certain actions on the Site may result in specific advertising from third parties, including information that may be displayed in other windows or in third party sites. We provide these links solely as a convenience to you. The inclusion of these links in no way indicates our endorsement, support, or approval of such sites, such site’s content, products, or services, or the operators of any such site. We undertake no obligation to review or monitor any sites linked to or from the Site. Your use of any such site is at your own risk and subject to the terms and conditions of such sites, and you acknowledge that you are solely responsible for and assume all risk arising from, your use of any third-party web sites or resources. We are not responsible for the content, products, services, or practices of third party sites. In addition, you agree not to link your site or any other third party site to the Sites without our express prior written consent.
Our Enforcement Rights
Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms or to comply with applicable law. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We, in our sole discretion, may terminate the right of any user to participate in the purchase of Experiences on this Site or to access the Site without notice for any reason. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law or other legal requirements, including providing such authorities with access to any Content on the Site.
Severability
If any part of these Terms is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms shall remain in full force and effect.
No Waiver
Our failure to insist upon or enforce strict performance of any provision of these Terms shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify these Terms.
Notice and Procedures for Making Claims of Copyright Infringement
We respect the intellectual property rights of third parties. We respond to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq. Regardless of whether or not we believe that we are liable for any copyright infringement for which we are provided notice, our response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Site, at our sole discretion and operating within the parameters of the DMCA.
If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact:
Hyatt Corporation
Attn: Copyright Agent, Legal Department
71 South Wacker Drive
Chicago, IL 60606
copyright@hyatt.com
with the following information:
If your content has been removed from the Site in response to our receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting us at:
Hyatt Corporation
Attn: Copyright Agent, Legal Department
71 South Wacker Drive
Chicago, IL 60606
copyright@hyatt.com
with the following information:
Termination
We may discontinue FIND at any time for any reason.
We may also terminate your access to the Services or deactivate or cancel your Profile (including, without limitation, your designation as a Luminary and your ability to offer Experiences in connection with the Services), at our sole discretion and without liability to you, at any time and with or without prior notice to you. You may cancel your Profile at any time by sending an email to us at experiences@hyatt.com.
Upon termination (a) all undisputed payments that have accrued prior to termination will be payable in full within ninety (90) days after the end of the calendar month in which these Terms are terminated; (b) all licenses and other rights granted to you under these Terms will immediately cease; and (c) any Experience Listings you, as a Luminary, posted prior to the effective date of termination will be removed from the Services. Notwithstanding the foregoing, without limiting rights and remedies available to Hyatt or IfOnly, we, in our sole discretion, may withhold payment to you, as a Luminary, if you breach these Terms or commit fraud against Hyatt or IfOnly. Upon any termination or suspension, any information that you have submitted to the Services may no longer be accessed by you. Any suspension or termination will not affect your obligations to us under these Terms or your obligation as a Luminary to provide a purchased Experience. The following Sections will survive any termination, discontinuation or cancellation of the Services, these Terms or your Profile: Content on the Site; Our Enforcement Rights; Warranty Disclaimers; Termination; Legal Disputes / Limitation of Liability/ Indemnification; and any other provision that by its language or nature is intended to survive.
Privacy Policy
Please refer to Hyatt’s Global Privacy (available at privacy.hyatt.com) for information about how we collect, use and disclose information from you and our other users.
Cookie Statement
PLEASE NOTE: The Site uses various types of cookies to provide certain functionality on the Site. A cookie is a small text file that contains small amounts of information that are downloaded to your computer or mobile device when visiting a web site. These cookies are then sent back to the originating web site when you visit that site again or to another site that recognizes that cookie. For further information on the cookies that are used on this Site, please visit our Statement on the Use of Cookies (available at [INSERT LINK]).
Warranty Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, HYATT AND IFONLY EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HYATT AND IFONLY MAKE NO WARRANTY THAT: (I) THE SERVICES, CONTENT OR EXPERIENCES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; OR (II) YOU WILL PROFIT OR DERIVE ANY ECONOMIC BENEFIT FROM USE OF THE SERVICES OR POSTING AN EXPERIENCE LISTING.
HYATT AND IFONLY MAKE NO WARRANTY REGARDING THE QUALITY, CONDITION, IMPORTANCE, PROVENANCE, LITERATURE OR HISTORICAL RELEVANCE OR RARITY OF ANY EXPERIENCE OR THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
HYATT AND IFONLY ASSUME NO RESPONSIBILITY FOR ANY REGISTERED USER’S OR CHARITY’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS AND REGULATIONS. HYATT AND IFONLY EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY REGISTERED USER, CHARITY OR OTHER THIRD PARTY. HYATT AND IFONLY DO NOT, AND CANNOT CONTROL YOUR INTERACTION WITH ANY REGISTERED USER; WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM SUCH INTERACTION. HYATT’S AND IFONLY’S RESPONSIBILITIES UNDER THESE TERMS IS LIMITED SOLELY TO FACILITATING THE AVAILABILITY OF THE SERVICES AND COLLECTING PAYMENTS ON BEHALF OF THE LUMINARY. THE LUMINARY, NOT HYATT OR IFONLY, IS RESPONSIBLE FOR HONORING THE PURCHASE OF ANY EXPERIENCE. WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM THE EXPERIENCE LISTING, EXPERIENCES OR USE OF THE SERVICES.
Our Right to Cancel / Errors / Mistakes
The Site may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Site, including without limitation rates, fees, or availability applicable to your transaction. We assume no responsibility or liability for such errors, inaccuracies, or omissions. We shall have the right not to honor reservations or information affected by such errors, inaccuracies, or omissions. We shall have the right to make changes, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after confirmation of a reservation.
Miscommunications / Lost Transactions
We are not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the Site. We are not responsible for any incorrect information associated with any transaction or transmission on or to the Site regardless of whether such incident is the result of user error, system error, or human error.
Availability
The Site is available to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer or mobile device problems or crashes, disruption in Internet service or other unforeseen circumstances. The Site contains information on certain products and services that we or Luminaries offer, not all of which are available in every location. A reference to a product or service on the Site does not imply that such product or service is or will be available in your location or for your purchase. The content of the Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Experiences may only be available for a limited period of time and/or in limited quantities and may be withdrawn at any time without notice. A limited number of Experiences (or spaces in a particular Experience) may be available, and Experiences are all subject to availability. Each product or service is void where prohibited by law.
Right to Restrict Access
In addition to any other rights or remedies that may be available to us, we may, without any liability whatsoever, in its sole discretion terminate or restrict your access or use of the Site at any time and without notice.
Right to Restrict Access
In addition to any other rights or remedies that may be available to us, we may, without any liability whatsoever, in its sole discretion terminate or restrict your access or use of the Site at any time and without notice.
Auctions - How It Works Terms
To participate in a FIND experience auction, you must be a World of Hyatt Member (“Member”). To enroll in World of Hyatt or to obtain your user name or password, please go to worldofhyatt.com.
The only accepted method of payment for auctions is World of Hyatt points.
Members will submit bids with his/her World of Hyatt points to purchase the FIND experience up for auction. Members may submit a World of Hyatt point value that he/she is willing to redeem for the auction item (“bid”). The Member must have enough points in his/her World of Hyatt account to place a bid.
If a Member’s bid is outbid, the member will be automatically notified through the email associated with his/her World of Hyatt account. A Member may increase his/her bid at any time the auction is open, and points will not be deducted from a member’s account unless he/she is deemed the winner at the time the auction closes.
If a bid is placed during the last 2 minutes of any auction, the scheduled closing time for such auction will automatically be extended for an additional 2 minutes from the time of the last bid. This “popcorn bidding” will continue until all bidding activity has stopped for a period of 2 minutes, at which point the auction will close.
The Member with the highest bid at the close of the auction period will be the winner. The winner will be fully responsible for purchasing the item for the number of World of Hyatt points corresponding to his/her winning bid.
Immediately following the close of the auction, World of Hyatt will deduct the full amount of points.
Once a Member places a bid, it cannot be retracted, modified, or canceled.
The winning bidder must read and comply with all terms and conditions applicable to the relevant auction item or experience and the full FIND terms and conditions.
By bidding, a bidder agrees that he/she is entering into a legally binding contract to pay for that auction item with World of Hyatt points if he/she is the winner.
Please consider bids carefully before placing them. The winner of the auction will be responsible for redeeming points corresponding to the bid he/she placed.
World of Hyatt’s clock shall be the official timing keeping device for each auction.
Contact us at experiences@hyatt.com with any questions.
For Frequently Asked Questions about auctions, click here.
Jurisdiction / Governing Law / Exclusive Forum for Disputes
The Site is controlled and operated from within the United States of America. We make no representation that the content or materials on the Site are appropriate or available for use in other locations. These Terms and any dispute arising out of or related to the Terms or use of the Site shall be governed in all respects by and construed and enforced in accordance with the laws of the State of Illinois, U.S.A., without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms or your use of the Site shall be in state or federal courts located in Chicago, Illinois, U.S.A. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Indemnity
You will defend, indemnify and hold Hyatt, IfOnly and each of their affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services or Content, including without limitation your purchase of an Experience (if you are an End User); (b) your breach of these Terms; (c) your Registered User Content; or (d) any claim arising out of or related to your Experience Listings and related Experiences and the goods and services provided by you (if you are a Luminary), including, but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, AS BETWEEN YOU AND US, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT, AND EXPERIENCES, INCLUDING YOUR PURCHASE AND PARTICIPATION IN AN EXPERIENCE. NEITHER HYATT NOR IFONLY IS RESPONSIBLE FOR, AND BOTH HEREBY EXPRESSLY DISCLAIM ANY LIABILITY FOR, ANY PERSONAL INJURY, DAMAGE OR HARM RESULTING FROM YOUR PARTICIPATION IN OR PURCHASE OF ANY EXPERIENCE OR YOUR FULFILLMENT OF AN EXPERIENCE.
NEITHER HYATT NOR IFONLY WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR EXPERIENCES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HYATT OR IFONLY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE TOTAL LIABILITY FOR HYATT AND IFONLY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR THE PARTICIPATION IN OR PROVISION OF EXPERIENCES, IF YOU ARE AN END USER, EXCEED THE AMOUNTS YOU HAVE PAID TO IFONLY FOR EXPERIENCES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM OR ACTION, OR IF YOU ARE A LUMINARY, THE TOTAL AMOUNT PAID BY HYATT AND IFONLY TO YOU UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM OF ACTION, OR ONE HUNDRED DOLLARS (US$100.00), IF NO SUCH PAYMENT HAS BEEN MADE, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
Section Headers
Section Headers are provided for your convenience only and they do not affect the meaning or interpretation of these Terms.
Hyatt Trademarks
Hyatt®, Hyatt Hotels & Resorts TM, World of Hyatt®, FindTM, Park Hyatt®, Andaz®, Hyatt Regency®, Grand Hyatt®, Hyatt CentricTM, Hyatt Place®, Hyatt House®, Hyatt ZivaTM, Hyatt ZilaraTM, Hyatt Residence Club™, Camp Hyatt®, Grand Club®, Regency Club®, and other related marks used on the Site are trademarks of Hyatt Corporation and its affiliates. The use of the ® symbol designates marks that are registered with the U.S. Patent and Trademark Office, and such marks may also be registered with the trademark offices of certain other countries. Those marks and related names, trademarks, logos, designs, and trade dress shown on the Site are owned by Hyatt and protected by the trademark laws of the United States and other jurisdictions.
Forward Looking Statements
Certain statements and assumptions in the Site contain or are based upon “forward-looking” information and are being made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. When we use the words “will,” may,” “anticipate,” “estimate,” “should,” “expect,” “believe,” “intend,” or similar expressions, we intend to identify forward-looking statements. Such statements are subject to numerous assumptions and uncertainties as described in our Annual Report on Form 10-K, Quarterly Reports on Form 10-Q and other SEC filings which could cause our actual results to differ materially from those expressed in or implied by the content of the Site. Forward looking statements made in the Site are made only as of the date of their initial publication and we undertake no obligation to publicly update any of these forward looking statements as actual events unfold.
If you have any questions or concerns regarding the Site, please contact us at experiences@hyatt.com. Any communication or material transmitted to us via the Site or Internet e-mail is transmitted on a non-confidential basis.
Revised 1/2019
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