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TERMS OF SERVICE

OVERVIEW

First in Service Travel Ltd. (F1S) owns and operates WONDERWALL.FIRSTINSERVICE.COM (Site). The Site is designed (1) to promote luxury hotels that have partnered with F1S to participate in the F1S Wonderwall program (WW Hotels) and (2) to facilitate customer bookings of WW Hotels. Throughout the Site and these Terms of Service (as subsequently defined), the terms we, us and our refer to F1S. You and your refer collectively to the customer accessing the Site and/or booking a reservation of the WW Hotels through us. F1S offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here (Terms of Service).

By visiting our Site and/or booking WW Hotels via our Site, you engage in our services and agree to be bound by the following terms and conditions (Terms of Service or Terms), including those additional terms and conditions and policies referenced here and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

If you do not agree to all the terms and conditions here, then you may not access the Site or book any of the WW Hotels via the Site. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current Site will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – YOUR REPRESENTATIONS AND WARRANTIES

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

You agree not to use any information, images, content, or anything from our Site for any illegal or unauthorized purpose nor may you, in the use of this Site and our services, violate any laws in your jurisdiction.

You agree not to transmit any worms or viruses or any code of a destructive nature. You agree not to modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, services, information, images, content, or anything obtained from the Site.

A breach or violation of any of the Terms will result in an immediate termination of our services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

With respect to hotel reservations made directly through the Site, they are further subject to the published terms, conditions, rules, and/or restrictions of the WW Hotels. You understand that any violation of WW Hotels’ terms, conditions, rules, and/or restrictions may result in cancellation of your reservations, in your being denied access to the hotels, in your forfeiting any monies paid for such reservations, and in F1S charging your credit card for any costs we incur as a result of such violations. You will be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the Sites, and, without limitation, you will be responsible for all charges, fees, duties, taxes, and assessments arising out of transactions performed by others on your behalf, whether or not such uses were performed with your consent. You further agree that any claims that you may have arising out of any reservations will only be against the WW Hotels and not F1S.

A reservation made directly through this Site is subject to the cancellation policy that is applicable to that particular reservation, which will be made known to you prior to your making such reservation. Your credit card information is used only to secure the reservation. You will pay the hotel upon your arrival or departure unless otherwise stated in the cancellation policy applicable to your reservation. You agree and acknowledge that your credit card may be charged for the full cost of your reservation if you do not timely cancel your reservation according to the hotel’s cancellation policy.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information such as the WW Hotels, which have provided most, if not all, the content contained on the Site. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

SECTION 4 – TRAVEL DESTINATION

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge you to review travel prohibitions, warnings, announcements and advisories issued by all relevant governmental authorities and agencies prior to booking travel to international destinations.

By offering for sale travel to particular international destinations, we do not represent or warrant that travel to such points is advisable or without risk, and are not liable for any damages or losses that may result from travel to such destinations.

SECTION 5 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools as is and as available without any warranties, representations or conditions of any kind and without any endorsement. We have no liability whatsoever arising from, relating to, or in connection with your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 6 - THIRD-PARTY LINKS

Certain content and services available via our Site may include materials from third-parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and do not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 7 - PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy. To view our Privacy Policy please click here.

SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or on digital or physical documents in connection with your reservations (Documents) delivered to you that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on our Site or on the Documents is inaccurate at any time without prior notice (including after you have made reservations). For the avoidance of doubt, the Documents are incorporated herein by reference.

We undertake no obligation to update, amend or clarify information on our Site or on the Documents, including without limitation, pricing information, except as required by law.

SECTION 9 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Site, other Sites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features on our Site, other related websites, or the Internet. We reserve the right to terminate your use of our Site or any related website for violating any of the prohibited uses.

SECTION 10 – COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

When accessing or using this Site or our services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of our services and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third-party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit.

SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Site or services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of our Site or services will be accurate or reliable.

You agree that from time to time we may remove the Site for indefinite periods of time or cancel our services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Site and our services is at your sole risk. All products and services delivered to you through our Site or our services are (except as expressly stated by us) provided AS IS and AS AVAILABLE for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall First in Service Travel Ltd., our owners, shareholders, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from, relating to, or in connection with your use of any of the Site or our services or any products or services procured using our Site, or for any other claim arising from, related to, or in connection with your use of our Site or our services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Site or services, or any content (or product) posted, transmitted, or otherwise made available via the Site or our services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 12 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless First in Service Travel Ltd. and our parent, subsidiaries, affiliates, partners, owners, shareholder, directors, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to, arising out of, relating to, or in connection with your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. F1S will have the right to be involved in the defense and defense strategy of any claim.

SECTION 13 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Severance of any provision will not affect the validity and enforceability of any other remaining provisions.

SECTION 14 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Site or services, or when you cease using our Site or services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site or services (or any part thereof).

SECTION 15 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to our services constitutes the entire agreement and understanding between you and us and govern your use of this Site or our services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service will not be construed against F1S.

SECTION 16 – DISPUTE RESOLUTION BY BINDING ARBITRATION

In case F1S and you cannot amicably and timely resolve any disputes or claims relating to, arising out of, or in connection with F1S’ services, these Terms, or your use of this Site (“Disputes and Claims”), then F1S and you each agree to resolve such disputes and claims through binding arbitration or in small claims court in New York County, also known as Manhattan, rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.

Arbitration Agreement:

F1S and you agree to arbitrate all Disputes and Claims between F1S and you before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

  1. claims arising out of, relating to, or in connection with any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
  2. claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
  3. claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  4. claims that may arise after the termination of these Terms.

Notwithstanding the foregoing, either party may bring an individual action in small claims court in New York County, also known as Manhattan. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, F1S and you each waive the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (FAA) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.

A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (Notice) to the other party. A Notice to F1S should be addressed to: Notice of Dispute, General Counsel, First in Service Travel Ltd., 130 W 42nd Street, Suite 401, New York, NY 10036 (Notice Address). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (Demand). If F1S and you do not reach an agreement to resolve any Disputes and Claims within 30 days after the Notice is received, F1S or you may commence an arbitration proceeding.

SECTION 17 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or our services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 18 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at travel@firstinservice.com.