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.
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:
- use the Services for any commercial, governmental or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Services for purposes not expressly permitted by us or that would violate any laws;
- interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers;
- use the Services in connection with the distribution of unsolicited commercial email (spam) or advertisements;
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, laws governing rental of residential and other properties, and tax regulations;
- use manual or automated software, devices, scripts robots, or other means or processes, including automated scripts, to collect information or otherwise interact with the Services or to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services or Content;
- register for more than one Profile or register for an Profile on behalf of an individual other than yourself;
- recruit or otherwise solicit any Luminary or other Registered User to join third-party services or web sites that are competitive to the Services, without our prior written approval.
- register under a false name or use an invalid or unauthorized credit card. You may not offer to purchase under a false name, impersonate any participant, or use another participant's password(s) or engage in any other fraudulent conduct or conduct intended to interfere with the orderly conduct of business on the Site;
- “stalk” or harass any other user of the Services; mistreat any of our employees, Luminaries, guests, and other parties with actions including, but not limited to, using abusive language in writing or by telephone;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
- use, display, mirror or frame the Services, or any individual element within the Services, Hyatt’s or IfOnly’s names, any Hyatt or IfOnly trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
- access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
- attempt to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services or any of the content on the Services;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or content on the Services;
- accept or make payments for an Experience outside of the Services; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
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.
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.
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 firstname.lastname@example.org 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.
- For Experiences with a set time and location:
- Payment: Upon the completion of your purchase, we will immediately validate your Payment Method and charge you for the Total Fees.
- Cancellations/Returns: Tickets for Experience purchased from our Site are neither returnable nor refundable, unless the Experience is cancelled and not rescheduled within 30 days.
- For Experiences where scheduling (time and/or location), must be agreed upon in advance:
- Payment: Upon the completion of your purchase, we will immediately validate your Payment Method and charge you for the Total Fees. For Experiences that require the End User and Luminary to agree on particulars like the time and location for the Experience, both the End User and Luminary are sent confirmation emails when those details are confirmed by those parties via the Services (“Booking Confirmed”). In the event that the End User and Luminary cannot come to an agreement regarding the particulars, a refund will be made to the End User for the Total Fees paid once requested by the End User. If no refund is requested, and a schedulable experience does not become booking confirmed within 12 months of the date of initial purchase, the Total Fees paid will revert to site credit.
- Cancellations/Returns: Once an Experience is Booking Confirmed, all Experiences purchased from the Site are final sale (neither returnable nor refundable), unless:
- You experience technical problems (for virtual Experiences) due to an error on our part, The Luminary cancels or fails to fulfill the Experience AND the Experience cannot be rescheduled within 30 days, The Luminary fails to fulfill the Experience in substantial accordance with the Experience Listing. (Please note that the details of Experiences are subject to change and End Users are not entitled to refunds or site credit if the Experience provided was comparable to what was promised)
- However, if any of the 3 issues listed above are encountered, you may be entitled to receive a refund to your Payment Method or a Site Credit in an amount at least equal to the ratable portion of the Experience left unfulfilled in a manner comparable to the Experience Listing. Such calculation shall be done in our sole discretion.
- For digital products (such as a video meeting):
- Payment: Upon the completion of your purchase of a digital Product, we will immediately validate your Payment Method and charge you for the Total Fees.
- Cancellations/Returns: Due to the nature of our Digital Products, these products are not returnable or refundable unless otherwise specified on the Experience Listing.
- For certain Experiences, after an Experience is Booking Confirmed, the End User and the Luminary may agree to change the details for the particular Experience (“Change Request”) like the date and time, number of attendees, contents and duration of the Experience. The End User and Luminary may also agree to certain add-ons for an Experience using a Change Request.
- Not all Experiences are eligible for Change Requests and, depending on the type of Change Request, certain Change Fees may apply. The Luminary is responsible for indicating whether Change Requests are allowed for a particular Experience and if any Change Fees apply. This information will be provided in the Change Request communications between you and the Luminary.
- All Change Requests must be approved by both the End User and the Luminary and, if the price for a specific Change Request is not indicated in the applicable Experience Listing, both the Luminary and End User must agree to the Change Fee amount. You as the End User, agree that you and the Luminary are responsible for any Change Requests or any other modifications to a booking or Experience.
- All Change Requests must be submitted and administered via the Services using the method designated on the Site. All Change Requests will be declined within the Services if not approved by both the End User and the Luminary within 72 hours from the time the original Change Request is submitted by the End User.
- NO REFUNDS FOR ANY CHANGE REQUESTS. You will not receive a refund of any of the Total Fees paid or due for the applicable Experience as a result of a Change Request, and without limiting any other terms of these Terms, you agree to pay all Change Fees, plus any applicable Taxes and any other charges, for all Change Requests approved by you via the Services.
- If the End User and the Luminary cannot agree on the terms for the Change Request, and either party chooses to cancel the Experience, the terms applicable to cancellations provided in these Terms for the particular type of Experience still apply. You can visit the Site for more information on submitting a Change Request.
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:
- The posting of an Experience Listing for a Custom Experience on the Services is not a guarantee that the Custom Experience will be confirmed or available.
- If you choose to initiate the purchase of a Custom Experience payment of a non-refundable deposit is required. ALL DEPOSITS FOR CUSTOM EXPERIENCES ARE NON-REFUNDABLE, except in the event that the Custom Experience becomes unavailable for the listed price or the details for the Experience materially change. In such cases, you will receive a full refund of the deposit amount in a timely manner.
- Without limiting any other terms of these Terms, by clicking the “Buy Now” button on the Experience Listing page for the Custom Experience, you authorize IfOnly to: (i) charge your Payment Method for the deposit amount; and (ii) if we secure the Custom Experience, to charge your Payment Method for the outstanding balance. Your Payment Method will not be charged for the outstanding balance without permission if there are unapproved variations in listed price or the details for the Custom Experience.
- We may require wire transfers for Custom Experience related payments in excess of $10,000.
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 email@example.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.
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.
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.