This is a binding legal agreement (“Agreement”). Please read the Terms of Service carefully before using this website and/or mobile application.
Our Terms of Service (“Terms”) apply to all websites and mobile applications (collectively, the “Applications”) of Wynwood House brands owned, licensed and operated by Wynwood House LLC and its affiliates and subsidiaries (“Wynwood House,” “we,” and “us”).
By using, viewing, transmitting, caching, storing and/or otherwise utilizing the Applications, the services or functions offered in or by the Applications and/or the contents of the Applications, you have agreed to all of the terms and conditions set forth below. If you do not agree to all of the terms and conditions please do not use the Applications and leave the Applications immediately. We reserve the right to modify or remove portions of the Terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately. Please check the Terms periodically for changes. Your continued use of the Applications following the posting of changes to our Terms of Service will mean you accept those changes.
1. Use of the Applications
1.1 Use of Applications and Service.
The services of the Applications are not intended for and should not be used by minors. You may only use the services of the Applications if you are at least 18 years of age and can form legally binding contracts under applicable law. Additional terms and conditions may apply to reservations, transactions, purchases, activities, or other uses that may occur on or through the Applications. You agree to comply with the Terms and any applicable additional terms and conditions.
You also warrant that you are legally authorized to make the travel reservations and/or purchases for either yourself or for another person for whom you are authorized to act. You may only use the Applications to make legitimate reservations or purchases and shall not use the Applications for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error, or from an attempt to circumvent Wynwood House or specific hotel policies, terms or conditions.
You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Applications, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy the Applications and information contained therein, or any aspect of the Applications, without the prior express consent from Wynwood House. Furthermore, you agree that you will not use our Applications for any purpose that is illegal, unlawful, or prohibited by our Terms of Service. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of the Applications in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program. You may not use the Applications in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to the Applications, including, without limitation, if you violate any of the provisions of the Terms.
You represent that you have read, understand, agree to, and will comply with all provisions of our Terms of Service and any additional applicable terms and conditions, whether or not referenced herein.
1.2 Booked Properties.
Complete and ongoing compliance with this Agreement and subject to applicable law, we grant you a limited, non-transferable, non-sublicensable, revocable license to occupy the specific unit at the specific Property for only the specific period of time that you have reserved and non-commercial purposes only and for the maximum number of occupants permitted by us, as confirmed in writing by us (a “Confirmation”) and provided by us to you by email or other means and the right of ingress and egress to and from the property. For the avoidance of doubt, we are not obliged to make the property available, and a binding contract with respect to the property is not in place, until such time as you receive the foregoing Confirmation (at which point your reservation is deemed “completed”), and in no event shall you have any rights to renewal, extension, or recurring use of the property. You hereby agree to direct any repair, maintenance, and other operational questions, requests, or complaints to Wynwood at the contact information located at https://wynwood-house.com/help-center/ and shall not direct any such communications to any non-Wynwood personnel.
1.3 Cancelation Policy.
During these uncertain times, we’ve increased flexibility for all reservations made on Wynwood-house.com after March 13, 2020 and will provide Wynwood-House credits for cancellations made 48 hours before check-in. Credits can be used towards future reservations and are valid for one year from the time of cancellation.
You authorize us to charge all applicable sums (including any applicable one-time and/or recurring security deposits, reservation fees, subscription fees, and other Service fees, including for On-Site Services) for the reservations, subscriptions, and/or other purchases that you make through the Service and, in accordance with Section 1.1, for the Damaged Property Fee (defined in Section 1.5), including all applicable taxes (e.g., goods and services tax, sales tax, value added tax, city taxes, hotel and occupancy tax, etc.), to the payment method specified in your account or that you otherwise indicate when you submit such reservation or enter into a Membership Agreement, Extended Stay Agreement and/or other Order Form to or with us (the “Applicable Payment Method”). Additionally, if the Applicable Payment Method is a credit card, then: (a) we may seek pre-authorization of your credit card account prior to completing your reservation to verify that the credit card is valid and has the necessary funds or credit available to cover your reservation, subscription, any security deposit or other purchase, or any potential Damaged Property Fee that may apply; and (b) you authorize us to place a hold on such credit card for sums sufficient to cover any applicable Damaged Property Fee and any other fees that you owe us under this Agreement. To the extent that Wynwood is charged any service fees in connection with your use of the Applicable Payment Method, you shall be responsible for such fees.
1.5 Damaged Property.
You are responsible for leaving any Property including the Booked Property in the condition same was in when you arrived and for following all related Additional Terms applicable to your stay at a Booked Property. You acknowledge and agree that you are responsible for your, your Guests, and your and their pets’ own acts, omissions, negligence and willful misconduct. If we reasonably believe that you, Your Guests, or your or their pets have damaged a Booked Property or any Property or damaged or removed or stolen any physical item therein (“Damaged Property”), we will provide you with reasonable notice and evidence of such damage or suspected removal or theft and will give you two business days to respond to our claim. After this time period, we will be automatically entitled to charge the Applicable Payment Method for the full amount of any lost revenue that we incur as a result of the Damaged Property and the full amount of the greater of the costs and fees actually incurred by us or that we reasonably expect to incur for fixing or replacing the Damaged Property (which may include replacing damaged items with equivalent items) (“Damaged Property Fee”). Additionally, if you, Your Guests, or your or their pets have damaged a Booked Property or any Property or damaged or removed or stolen any physical item therein we may terminate this Agreement and remove you and any and all of Your Guests from the Booked Property and any Property. We reserve at all times the right to fix the Damaged Property in the manner of our choosing and to pursue in our sole discretion any and all avenues available to us to collect from you the Damaged Property Fee. For example, we may exercise the foregoing right by fixing the Damaged Property over an extended period of time, charging the Applicable Payment Method the sum total of the Damaged Property Fee up front or in installments, or by making one or more claims under your homeowner’s, renter’s, and/or other insurance policy, and you agree to cooperate with and assist us in good faith, and to provide us with such information as we may reasonably request in order to successfully make such claim.
1.6 Your Personal Items.
We are not responsible for any of your property or personal items (collectively, “Personal Items”) either during the term of this Agreement or that you may leave in any of the Properties after the expiration or earlier termination of this Agreement. Prior to the expiration of the applicable Period of Occupancy, you must remove all of your Personal Items from all applicable Booked Properties and any Property. If you have not done so, and after using commercially reasonable efforts to provide you with reasonable notice, we will be entitled to remove, store, and/or dispose of any Personal Items remaining in any of our Properties in accordance with applicable law, and you waive any claims or demands regarding such Personal Items or our handling of them. You will be responsible for paying any fees reasonably incurred by us regarding such removal, storage, and/or disposal. We recommend that you consider obtaining renter’s insurance or personal property insurance to protect against any damage to or loss of your Personal Items.
All photographic and video material produced within our properties must be credited when shares on social media (tagged). All photographic and video material produced within our properties cannot be used for advertisement, both online and hard copy, without explicit authorization on behalf of Wynwood House. Failure to meet above mentioned requirements on behalf of the client will imply a sanction of US$100.00 per photo or video and makes you liable for Commercial, Penal or Civil lawsuits.
We may enable you to establish an account with a username and password to access and use the certain areas of the Applications, and other related services. You are responsible for preserving the confidentiality of your login, password and account information. You will be financially accountable for all uses of the Applications by you and/or by any third party using your account information. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
3. Promotional Information
The Applications may provide or display information relating to specific programs, offers, or promotions (collectively, the “Promotions”). Any such Promotions is subject to its specific terms, conditions and restrictions. Please read carefully and refer to the terms, conditions and restrictions of each Promotion. We reserve the right to alter or withdraw any such Promotions at any time without notice. Each Promotion is void where prohibited by law.
4. Links to Third Party Websites
The Applications may contain links to third party websites/mobile applications which we think may be of interest to you and are provided solely for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such websites/mobile applications or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other website/mobile application.
Please exercise discretion while browsing the Internet and using the Applications. You should be aware that when you are using the Applications, you could be directed to other websites/mobile applications that are beyond our control. These other websites/mobile applications may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. Your use of any such websites/mobile applications is subject to the terms and conditions of those websites and at your own risk. We are not responsible for the practices, services, products, or content of third party websites/mobile applications.
Additionally, you agree not to link your website/mobile application or any other third party website/mobile application to the Applications without express prior written consent of Wynwood House. In addition, certain actions within the Applications may result in specific advertising from third parties, including information that may be displayed in other windows or in third party websites/mobile applications. Such advertisers within the Applications may send cookies to users that we do not control.
ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION.
YOU AGREE THAT YOU USE THE APPLICATION AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATIONS AND INFORMATION CONTAINED THEREIN ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT THE APPLICATIONS AND/OR INFORMATION CONTAINED THEREIN WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING ANY OF THE APPLICATIONS, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED THROUGH THE APPLICATIONS OR ANY WEBSITE/MOBILE APPLICATION LINKED TO THE APPLICATIONS. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE APPLICATIONS, OR OTHERWISE CONNECTED WITH YOUR USE OF THE APPLICATIONS.
NO ORAL ADVICE, WRITTEN CORRESPONDENCE, OR INFORMATION PROVIDED BY US WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE MATERIAL CONTAINED IN THE APPLICATIONS IS FOR GENERAL REFERENCE ONLY. WE DO NOT WARRANT THAT THE MATERIALS CONTAINED IN THE APPLICATIONS ARE ACCURATE, CURRENT, COMPLETE, UPDATED, RELIABLE, OR USEFUL, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION RELATING TO PRICES OR AVAILABILITY. WE DO NOT WARRANT THAT THE APPLICATIONS OR THE RELATED INFORMATION, SERVICES, CONTENTS, OR MATERIALS CONTAINED IN THE APPLICATIONS WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED.
We are pleased to hear from our customers and welcome your comments regarding the Applications and the products and services offered in connection therewith. We do not, however, accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings if any projects we undertake appear to be similar to someone else’s creative work. Please do not send us any unsolicited original creative materials of any kind.
If, at our request, you send certain specific submissions or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any such Submissions. By submitting any such materials, you hereby assign us any right, title, and interest in or to the intellectual property rights subsisting in such submission, and in any event, whether or not such assignment is effective under applicable law, you grant us a perpetual right to unrestricted use of such submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions.
7. Forums and Public Communication
If you participate in a chat area, messaging service, or e-mail function (collectively, the “Forum”) offered as part of the Applications, you must not: (a) defame, abuse, harass or threaten others; (b) make any bigoted, hateful or racially offensive statements; (c) advocate illegal activity or discuss illegal activities with the intent to commit them; (d) post or distribute any material that infringes and/or violates any right of a third party or any law; (e) post or distribute any vulgar, obscene, discourteous or indecent language or images; (f) advertise or sell to, or solicit others; (g) use the Forum for commercial purposes of any kind other than to facilitate a transaction on the Applications; (h) post or distribute any software or other materials which contain a virus or other harmful component; or (i) post material or make statements that do not generally pertain to the designated topic or theme of any chat room, messaging service or other service. You shall remain solely responsible for the content of your messages and shall indemnify and hold the Indemnified Parties harmless for the content of such messages. We reserve the right to remove or edit content from any Forum at any time and for any reason.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, messaging service, or other user generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information and shall not be responsible for any trading or investment decisions made based on such information.
You will indemnify and hold Wynwood House, its subsidiaries, affiliates, officers, directors, agents, partners, employees, contractors, subcontractors, guests, residents, visitors, licensees, invitees, and permitees (collectively, the “Indemnified Parties”) harmless from any allegations, claims, demands, liabilities, damages, fines, penalties, or costs of whatever nature (collectively, the “Claims”), including reasonable attorney's fees, arising out of or in any way connected with this Agreement, the services or products provided to you by the Applications, or any related act or failure to act by you, whether or not occasioned or contributed to by the negligence of the Indemnified Parties or any agent or employee of the Indemnified Parties (except as and to the extent prohibited by applicable law). Such acts or events include, without limitation, any Claims arising from your account or any Claims relating to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APPLICATIONS OR THE SERVICES OR FUNCTIONS OF THE APPLICATIONS OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE APPLICATIONS OR YOUR RELIANCE UPON, THE APPLICATIONS OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE APPLICATIONS, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE APPLICATIONS OR THE CONTENTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE APPLICATIONS. IF YOU ARE DISSATISFIED WITH THE APPLICATIONS OR ANY OF THE PRODUCTS, SERVICES, MEMBERS, SUPPLIERS AND/OR BUYER OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE APPLICATIONS.
YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THESE SITES BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
If any part of the 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 the Terms shall remain in full force and effect.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by discontinuing use of the Applications and destroying all materials obtained from any and all such Applications and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise. Your access to the Applications may be terminated immediately without notice from us if in our sole and absolute discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must cease use of the Applications and destroy all materials obtained and all copies thereof, whether made under this Agreement or otherwise.
Notwithstanding the termination of this Agreement, you acknowledge and agree that the sections on Use of the Applications, Disclaimers, Limitation of Liability, Indemnification, Severability, Jurisdiction and Choice of Law and Digital Signature Provisions shall survive the termination of the Agreement.
12. Jurisdiction and Choice of Law
The products and services described in and available through the Applications may not be available in your country or state. Those who choose to access the Applications do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Applications or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Applications and must exit immediately.
This Agreement and any dispute arising out of or related to the Agreement or use of the Applications shall be governed in all respects by and construed and enforced in accordance with the laws of Lima, Peru, without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of this Agreement or your use of the Applications shall be in state or federal courts located in Lima, Peru. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
13. Digital Signature Provisions
You represent and warrant that you have the legal right, power and authority to agree to this Agreement on behalf of yourself and the member, buyer or supplier participating in the Applications. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated this Agreement and acknowledged and agreed that the Agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the member, buyer or supplier on whose behalf you are acting.