TERMS & CONDITIONS
Welcome to the terms & conditions of the Howard Johnson Website. Your use of this website is subjected to these terms & conditions, including all the regulations and laws.You should print a copy of these Terms for your records. Please note, however, that Howard Johnson may update and amend these Terms & conditions now & then.
1. WHAT YOU SHOULD KNOW & HOW CHANGES CAN BE MADE
The main purpose of this website is to deliver you with access to information about Howard Johnson’s facilities, services, products and all the facilities that meets your needs. The regular use of this website signifies your agreement with these Terms & conditions. If you do not accept these terms & conditions kindly exit these website immediately. Howard johnson Bur Dubai reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms, or to change or delete any features of this Web Site, at any time. Such modifications, alterations, and updates to the Terms shall be effective immediately upon posting. You agree to be bound by such modified, altered and updated Terms if you access or use this Web Site after Howard Johnson has posted notice of such modifications, alterations or updates.
IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED OR UPDATED TERMS, THEN YOU SHOULD NOT USE THIS WEBSITE.
Please be noticed that these terms & conditions contain additional disclaimer and limitations on Howard Johnson’s liability, which can be found in Sections 9, 10 and 14 below. Please read these carefully and make sure that you understand them before continuing with your use of this website
3. USE OF THIS WEBSITE & INTELLECTUAL PROPERTY RIGHTS
Howard Johnson operates and have a control over this website. All Content on this Web Site, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of Howard Johnson or its Providers, and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to United States and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The content is controlled by Howard Johnson its affiliated or related entities, or the Providers that have licensed or otherwise made available their content or the right to market their products and/or services to Howard Johnson. Content on this Web Site or any Web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use, and may not be used in any manner that is likely to cause confusion among Hojo’s customers, other users of this Web Site, or the general public. You agree to abide by all additional copyright notices, information, or restrictions contained in or with any Content.
You can make a copy or can download the content on this website entirely for your personal, non commercial use, keeping in mind these terms & conditions, provided that you support all the copyright and other such legal notices that are their in the website. You may not copy,reproduce duplicate, republish, upload, post, transmit, distribute, sell and/or exploit the Content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Howard Johnson or the Providers. You may send an approval by faxing a request to Howard Johnson authoritative department at @firstname.lastname@example.org. If by anyways you are using the content or modified content of this website for any purpose other than your personal, non commercial use without any prior approval from the Howard Johnson providers, it can violates the intellectual property rights and proprietary rights of the content owners is strictly prohibited.
Kindly be informed that you may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on this Website, including, but not limited to, any logos, images or characters, and also including any meta tags or similar code or hidden text or elements containing such information or property, without the written approval of the owner of the mark or copyright. You may not frame any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of Howard Johnson, or otherwise incorporate into another Website any of the Content or other materials on this Website, without Howard Johnson’s prior written consent.
Encroachment f trademark and copyright laws may result in significant civil liability or criminal penalties under United States and/or international copyright and trademark laws. Any Use of the content copyrights, trademarks, service marks, or other intellectual property on this Web Site, except as authorised by these Terms, is considered intentional negligence.
Notice and Procedure for Making Claims of Copyright Infringement
If you suppose to think that your work work has been copied and posted on this Web Site in a way that constitutes copyright infringement, please provide Howard Johnson’s Agent for Notification of Claims of Copyright Infringement the information specified below.
1.A description of the copyrighted work that you claim has been infringed; 2.A description of where the material that you claim is infringing is located on the Web Site; Your address, telephone number, and e-mail address; 3.A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; 4.A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; 5.Written notification containing the information set forth above must be submitted to the following Agent for Notice of Claims of Copyright Infringement:
The Manager, Howard Johnson Bur Dubai
Po Box: 30329 Dubai, UAE
Telephone Number of Designated Agent: 00971 4393 9911
E-mail Address of Designated Agent: email@example.com
4. USER’S RESPONSIBILITIES
You take a warranty to Howard Johnson that you will not use this website for any purpose that is unlawful illegal or prohibited by these Terms& con, including, without limitation, the sending, posting, transmitting, displaying, distributing, or knowingly receiving of or searching for any threatening, harassing, libellous, defamatory, obscene, scandalous, inflammatory, sexually oriented, pornographic, or profane material, content or images, or other images, content or messages that might be considered lewd, lascivious, excessively violent or otherwise offensive. If you violate any of these Terms, your permission to use this Web Site immediately terminates without the necessity of any notice. Wyndham, at its sole discretion, retains the right to deny access to this Web Site to anyone for any reason, including for violation of these Terms. Some of these types of violations are more fully described below in Section 5.
You take full responsibility for the content, accuracy and your use of your Information, and Wyndham merely acts as a passive conduit for your online distribution and publication of your Information. As mention in these Terms & conditions, “Information” means any information or data that you submit to or through this Website and any information or data that is generated by this Website as a result of your use of or access to this Website. Certain special rules and restrictions may apply to your personally identifiable information.
In the event that you are provided with user identification numbers or codes (collectively, “ID’s”), confirmation numbers, and/or passwords (as applicable) in the use of this Web Site, you shall maintain such user ID’s, confirmation numbers, and/or passwords in confidence, and you agree not to distribute or disclose the same to third parties. It is your duty to notify Howard Johnson if they needs to change or discontinue any of your ID’s, confirmation numbers, or passwords. It is also your duty to immediately request discontinuation of an ID, confirmation number, or password upon your knowledge or belief that such ID, confirmation number, and/or password is or may be subject to theft, unauthorised use or access, or a breach of confidentiality. Howard Johnson may suspend or terminate your service or access to this Web Site if it believes that such theft, use, access or breach, or any other breach of these Terms, has occurred.
You agree that any Information that you provide will be true, accurate, updated and complete. If you provide any Information that is untrue, inaccurate, not updated or incomplete (or HowardJohnson has reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete), Howard Johnson has the right to suspend or terminate your access and activity relating to, and to refuse any and all current or future use of, this Website.
5. PROHIBITED ACTIVITIES
You are respectively prohibited from any use of this Website, and you agree not to use or permit others to use this Web Site, for any of the following: 1. Take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, the Web Site’s infrastructure or resources, including, but not limited to, sending or promoting the distribution of “spam,” “junk mail,” chain letters, or other such unsolicited or unlawful mass e-mailing techniques;
2.Disclose to, or share with, any unauthorized third parties the ID’s, assigned confirmation numbers and/or passwords, or use the ID’s, assigned confirmation numbers and/or passwords for any unauthorized purpose, or otherwise allow or facilitate others to gain access to Howard Johnson’s information technology systems, environments, networks, files, data or accounts through the use of the ID’s, assigned confirmation numbers and/or passwords.
3.Access or attempt to access Howard Johnson’s information technology systems, environments, networks, files, data or accounts to which express authorisation has not been obtained (including access to data not intended for You), or log into a server or account that you are not authorised to access.
4.Attempt to decipher, decompile, disassemble, modify, remove or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Website.
5.Interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an unauthorized manner, the use or operation of this Website or Howard Johnson’s, its affiliated or related entities’ or the Providers’ systems, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise. This includes “denial of service” attacks, “flooding” of networks, deliberate attempts to overload a service or to burden excessively a service’s resources, attempts to “crash” a host, and/or modifying or rerouting any Content or services provided at this Web Site.
6.Attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, or account, associated or used in conjunction with this Website.
7.Upload, post, e-mail or otherwise transmit any Information, Content, or proprietary rights that you do not have a right to transmit under the Terms, any law or other contractual or fiduciary relationships; and/or
8.The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
9.The cardholder must retain a copy of transaction records and Merchant policies and rules
10. Use of any robot, spider, intelligent agent, meta-searching, other automatic device, or manual process to search, monitor or copy Howard Johnson’s Website pages or the Content in violation of the Terms or without Wyndham’s prior written permission, provided that generally available third party Web browsers such as Netscape NavigatorÃ‚Â® and Microsoft Internet ExplorerÃ‚Â® may be used without such permission.
6. INFORMATION POSTED TO WEB SITE
You acknowledge and agree that Howard Johnson may preserve Information, and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Howard Johnson’s business, employees, Providers, affiliated or related entities, users, and/or the public.
7. LINKS TO THIRD PARTY WEB SITES
This Website may contain links to third-party or Provider Websites not under Howard Johnson’s control or operation (the “Linked Sites”). The links will let you leave this Website and be directed to and access the linked Sites, which you access is at your own risk. You acknowledge that Howard Johnson provides the linked sites for your convenience and information only. Howard Johnson does not endorse, nor is it responsible for, any content, information, or other related materials, products or services found at any such Linked Sites or any links contained within such Linked sites, whether or not Howard Johnson is affiliated with the owners of such Linked Sites. Except as otherwise specified in these Terms or pursuant to Howard Johnson’s express written consent, you may not establish a hyperlink to this Website from your Website or the linked Sites, or provide any links that state or imply any sponsorship or endorsement of your Website or the linked sites by Howard Johnson or the Providers
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Web Site or any Linked Sites, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertisers. You agree that Wyndham (and its af- filiated or related entities and the Providers) shall neither be responsible nor liable for any loss or damage incurred by you as the result of any such dealings or as the result of the presence of such advertisers on or through this Web Site or the Linked Sites.
9. NO WARRANTIES
All the content, products and services on or made available through this website are provided “as is” and without warranties of any kind, either express or implied. Other than those warranties which, under the UAE. Laws applicable to these terms, are implied by law and are incapable of exclusion, restriction, or modification, Howard Johnson disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Neither Howard Johnson, its affiliation or related entities, nor the providers, nor any person involved in the creation, production, hosting and/or distribution of this website, warrant that the functions, features or services contained in this website will be uninterrupted or error-free, that defects will be accurate, or that the server that makes the content available will be free of viruses or other harmful components. The content, products and services that you access on this website is provided solely for your convenience and information only. Howard Johnson does not warrant or make any representations regarding the results that may be obtained from the use of this website, or as to the reliability, accuracy or currency of any content, service, and/or merchandise provided or acquired pursuant to your use of this website. Howard Johnson is a distributor, and not a publisher, of the information and content at this website. Howard Johnson has no more editorial control over such information and content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties or providers (including in the linked sites) are those of the respective authors or distributors of such information and content Your use of this website is at your own risk. You (and not Howard Johnson) assume the entire cost of all necessary servicing (including, without limitation, your internet connection) and repair or correction of your computer, network and/or system.
10. LIMITATION OF LIABILITY AND RELEASE
In no event shall Howard Johnson, its affiliated or related entities or providers, nor any of its or their respective officers, directors, employees or agents, or any person or entity involved in the creation, production, distribution and hosting of this web site, be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, whether arising under contract, warranty, or tort (including negligence) or any other theory of liability, regardless of whether Howard Johnson (or its affiliated or related entities or providers) knew or should have known of the possibility of such damages, including, without limitation, from the use or attempted use of this web site or any other linked site.
Howard Johnson’s liability, and the liability of Howard Johnson’s affiliation or related entities and/or providers, to you or any third parties in any circumstance, is limited to the lesser of (a) the amount of fees, if any, you pay to Howard Johnson in the 12 months prior to the action giving rise to liability, or (b) $500. You hereby agree to release Howard Johnson, its affiliated or related entities or providers, and each of their respective officers, directors, employees or agents, or any person or entity involved in the creation, production, distribution and hosting of this app from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively) claims arising out of or in any way connected with your use of the app or any linked sites. This limitation of liability and release reflects the allocation of risk between the parties. The limitations specified in this section 10 will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Howard Johnson and the providers, and to all respective officers, directors, employees, representatives, attorneys, and agents.
11. GOVERNING LAW AND JURISDICTION
Inclusion is mandatory
Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
Method of Payment, Card Types accepted and Currency: Inclusion is mandatory.
“We accept payments online using Visa and MasterCard credit/debit card in AED (or any other currency agreed)”.
Howard Johnson reserves the right to report any wrongdoing, if and when it becomes aware of it, to any applicable government or law enforcement agencies. You agree to indemnify, defend and hold Howard Johnson and the Providers, its and their officers, directors, employees, affiliated or related entities, agents, licensors, and suppliers, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your use of this Website, your breach of any provision of these Terms and/or any negligent acts, omissions or intentional wrongdoing by You. Any such indemnification shall be conditioned on Howard Johnson: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defence or settlement thereof; and (c) allowing you to control such defence or settlement. Wyndham shall be entitled to participate in such defence at its own cost and expense
13. MESSAGE BOARDS
In the event that Howard Johnson provides message boards, web logs or blogs, or discussion forums on this Website (the “Forums”), you agree to use the Forums only for personal purposes in a noncommercial manner. You shall not, without Howard Johnson’s express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising, or written solicitation for goods and services. You agree that any uploaded materials may be republished without compensation to you or any other person or entity. In addition, you warrant that all moral rights in any uploaded materials have been waived. While Howard Johnson does not and cannot review every message posted by you or any other user in the Forums, and although Howard Johnson is not responsible for these messages, Howard Johnson reserves the right (but not the obligation) to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these terms, or otherwise unacceptable. Howard Johnson does not endorse any information that may be posted on this Website through the Forums.
You agree that you must evaluate, and bear all risks associated with, the use of any messages, information, or Content associated with the Forums, including any reliance on the accuracy, completeness, or usefulness of such messages, information, or Content. In this regard, you acknowledge that you may not rely on any Content Howard Johnson creates or information submitted to Howard Johnson by third parties, including without limitation, information in the Forums, and in all other parts of this Website.
14. LOCATION-BASED SERVICES
Your device may be location-enabled, meaning that the device is capable of accessing Content or Services that make use of a user’s location using location technology such as Global Positioning Satellite (“GPS”), wireless network location, or other location technology. In the event this Website uses a location-based API for real-time route guidance (including, but not limited to, turn-by-turn route guidance and other routing that is enabled through the use of a sensor), YOUR USE OF ANY SUCH REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
15.OTHER GENERAL PROVISIONS
These Terms are for the benefit of Howard Johnson and the Providers, its and their officers, directors, employees, affiliated or related entities, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its (or their own) behalf. Howard Johnson’s failure to act with respect to a breach by you or others does not waive Howard Johnson’s right to act with respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only.
You and Howard Johnson are dealing at arms’ length, creating a commercial relationship. Howard Johnson is not your Agent or your fiduciary. Many of Howard Johnson’s businesses and facilities may be independently owned and operated by independent franchisees and licensees. In such cases, these franchisees and licensees manage and operate the facilities, and they are the employers of all employees and contractors who work at the facilities. These franchisees are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiserfranchisee relationship is intended or created by these Terms.
HOWARD JOHNSON RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.