Wishlist Terms and Conditions
Modified: 03 January 2019
Unless defined elsewhere in this Agreement, the terms below shall have the following meanings.
Client: A person, entity or organization paying for the services of the Wishlist platform
Confidentiality: Information which is disclosed by one party (the “Disclosing Party”) to the other party (the “Recipient”) that is confidential or proprietary in nature, or identified as confidential or proprietary at the time of disclosure, or that is otherwise known or should have been known by the Recipient as confidential or proprietary, whether belonging to Disclosing Party, its customers, corporate affiliates, vendors, or other business partners. Information disclosed prior to the effective date of this Agreement related to the Purpose shall be included in Confidential Information. Confidential Information may include, by way of example, but without limitation, data, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, samples, reports, customer lists, pricing information, studies, findings, inventions and ideas. To the extent practical, Confidential Information will be disclosed in a documentary or tangible form marked “CONFIDENTIAL” or “PROPRIETARY” or with any other similar legend, but in no case will failure to mark nullify the proprietary or confidential nature of the disclosure.
Gift Card: Digital and/or physical credit which is paid for upfront and can be redeemed later for goods and services by the holder
Provider: Any person, entity or organization who provides and/or fulfills services, experiences or products for Wishlist
Selection: A choice which the user actively makes to reserve an offering
User: Any person or persons redeeming gifts from the Wishlist website or platform from any location or any medium
You: Any person or persons redeeming gifts from the Wishlist website or platform from any location or any medium
The Provider is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Gift Card or not. You waive and release Wishlist and its subsidiaries, affiliates, partners, officers, directors, employees and clients from any Liabilities arising from or related to any act or omission of a Provider in connection with your use of a Gift Card or the goods, services or experiences a Provider provides in connection with the Gift Card.
By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any Gift Card, you agree specifically to the terms of the Gift Card and any additional terms advertised in connection with and on the Gift Card at the time of purchase.
Gift Cards are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification, or trade of Gift Cards is prohibited. Certain Offerings and Products on the Site may change at any time at Wishlist’s discretion, without notice.
All Experiences are subject to availability and shall be booked in advance in accordance with the requirements found on the Website. Wishlist makes no claim or guarantee as to the availability of any specific Experience. In the event that Wishlist no longer offers, or otherwise terminates or withdraws, an Experience or Experience location, you shall be entitled to exchange the Experience for another Experience of equal or lesser value.
Provider may cancel booked Experiences without notice for reasons including but not limited to: weather, mechanical or equipment problems, malfunctions unavailability, or venue issues. In such event, you shall be entitled to rebook or exchange such Experience in accordance with these Terms and Conditions. Wishlist shall not be responsible for any losses, damages, expenses or liabilities you incur in connection with a cancelled Experience.
Certain Experiences are very weather-dependent. You should not assume that weather conditions will result in a cancellation of a booked Experience. If you fail to appear for a booked Experience that has not been cancelled by you or the Experience Provider, (i) Wishlist shall have no further obligation to you, (ii) you shall not be entitled to a refund or exchange, and (iii) your Experience will be considered fully redeemed and booked. Always contact the Experience Provider with any questions regarding weather conditions. All Experiences cancelled by the Provider due to weather conditions will be rebooked, subject to availability, without any further charge to you. Wishlist shall not be responsible for any losses, damages, expenses or liabilities you incur in connection with a cancelled Experience.
Due Upon Receipt. If Client fails to pay all overdue amounts within 30 business days, then Wishlist may suspend Client’s access to the Platform or the provision of Services and, in addition, shall be entitled to recover from Client interest on all overdue amounts at the lower of a rate of 1.5% per month or the maximum rate permitted by law. Accounts with three (3) or more delinquent payments will be required to maintain an active credit card on file with Wishlist whereupon Wishlist will charge previously mentioned card as needed for balances due.
Clients agrees to pay Wishlist invoices via Check, ACH or credit card. All payments by credit card will be charged an additional 3.5% processing fee.
Clients will be billed for all Wishlist Cards that were delivered to an active email address during the prior month as well as any applicable fees as outlined in their specific Statement of Work or Agreement. Wishlist Cards which have been delivered to an active address may not be revoked or refunded to the Client as they are property of the recipient. The value of a recipient’s Wishlist Card will include their reward selection and any service or concierge fee if applicable.
Clients will deposit funds into a drawdown account relating to their annual committed spend. On the first (1st) day of each month, Wishlist will invoice client for the previous month’s gift spend. If a Client’s prepaid account reaches $0, all gifts will be queued but not sent until funds are applied to their account.
Limitation of Liability
IN NO EVENT WILL WISHLIST’S LIABILITY IN CONNECTION WITH A PROVIDER’S OFFERING, PRODUCT, OR OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE GIFT CARD, CASH CARD, PRODUCT, OR REWARD.
YOU MAY BE REQUIRED TO EXECUTE A SEPARATE WAIVER AND RELEASE OF LIABILITY IN THE FORM AND SUBSTANCE SATISFACTORY TO THE PROVIDER BEFORE BEING PERMITTED TO PARTICIPATE IN AN EXPERIENCE.
PROVIDERS MAY OR MAY NOT BE COVERED BY LIABILITY AND/OR PROPERTY DAMAGE INSURANCE, AND EVEN WHEN A PROVIDER MAY HAVE OBTAINED SUCH INSURANCE, YOUR PARTICIPATION IN THE PROVIDER’S EXPERIENCE MAY NOT BE COVERED BY SUCH INSURANCE.
Disclaimer of Warranty
AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER WISHLIST, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, PROVIDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR WISHLIST CLIENTS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, PROVIDER OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF PROVIDER OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, PROVIDER OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, WISHLIST HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT, OR OTHER INFORMATION CONTAINED ON THE SITE OR THE PROVIDER OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, PROVIDER ABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A PROVIDER OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY WISHLIST THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.
You are solely responsible for your interactions with Providers and other users of the Site. To the extent permitted under applicable laws, you hereby release Wishlist from any and all claims or liability related to any product or service of a Provider, regardless of whether such product or service is a Provider Offering available through the Site, any action or inaction by a Provider, including, without limitation, but not limited to any harm caused to you by action or inaction of a Provider, a Provider’s failure to comply with applicable law and/or failure to abide by the terms of a Provider offering or any other product or service purchased or obtained by you from the Provider, and any conduct, speech or User Content, whether online or offline, of any other third-party.
Confidential Information will not include, and the obligations set forth in the definition of “Confidential Information” above will not apply to information, which the Recipient can demonstrate:
(a) was known to the Recipient at the time of disclosure;
(b) is at the time of disclosure publicly available or generally known in the industry;
(c) subsequent to disclosure becomes publicly available or generally known in the industry through no fault of the Recipient;
(d) is received by the Recipient from a third party having the right to disclose the information and having no obligation of confidentiality to the Disclosing Party;
(e) is independently developed by the Recipient without reference or access to the Confidential Information disclosed by Disclosing Party hereunder; or
(f) is required to be disclosed pursuant to an applicable law, regulation, or judicial action, provided that Recipient provides Disclosing Party reasonable notice of the disclosure requirement and Recipient cooperates (at Disclosing Party’s expense) with Disclosing Party’s efforts to limit the disclosure requirement.
Confidentiality Restrictions. Recipient will treat the Confidential Information with at least the same degree of care against disclosure and misuse that it treats its own confidential information, but in no event less than a reasonable degree of care. Recipient will not, without the prior written consent of Disclosing Party:
(a) disclose such Confidential Information to any third party;
(b) disclose such Confidential Information to any employee, contractor or other personnel of Recipient, except on a need to know basis, and only if such individual is bound by a non-disclosure agreement at least as strict as this Agreement; or
(c) use such Confidential Information except for the Purpose.
Effects of Disclosure. Nothing in Agreement or in any disclosure of Confidential Information hereunder will be construed as:
(a) creating warranties or representations of any kind in connection with the Confidential Information;
(b) granting a license to the Recipient or its representatives to use the Confidential Information except for the Purpose; or
(c) restricting either party from continuing to use its know-how and technology as long as such activities do not constitute a breach of any obligations set forth herein.
Return of Confidential Information. Recipient will, no later than ten (10) business days of Disclosing Party’s request, return to the Disclosing Party all Confidential Information received from Disclosing Party in written or other tangible form including all copies thereof, and will thereafter have no right to make any use whatsoever of any of such Confidential Information, except that Recipient may retain one (1) copy of the Confidential Information in its outside counsel legal files for the sole purpose of interpreting and enforcing this Agreement.
Choice of Law
Dispute Resolution/Arbitration Agreement
(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.
Exchange Policy. You may exchange unbooked experiences. Should you choose to exchange for a more expensive experience you will simply need to pay the difference in cost. Should you exchange for a less expensive experience you will receive the remaining balance in the form of a Wishlist gift card to be used another time.
Cancellation Policy. Once Wishlist has completed your booking request, you may reschedule your reservation so long as you adhere to the vendor’s rescheduling policy. Changes to your reservation must be done directly with your vendor. A complete cancellation of your booking may result in the loss of your Wishlist gift.
Wishlist Rewards respects your privacy.
Information You Actively Submit on our Platform. If you send us data through our Platform or Services, we collect personal information about you and the company or other entity you represent (e.g., your name, organization, birth date, hire date, email address). In such instances, you will know what data is collected, because you will actively submit it.
Information Passively Submitted on our Services. When you visit our Platform, our servers may collect information from or about the computer, phone or other device on which you have access our Platform. In particular, we collect the following types of information: the Internet Protocol (IP) address used to connect your device to the Internet; browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; the full Uniform Resource Locator (URL) clickstream to, through, and from our Platform, including date and time; cookie number; Services you viewed; your searches on our Platform; and the phone number you used to call us if you call us. During some visits, we may use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. Unless you also actively submit personal information to us, any information that is passively submitted typically does not allow us to identify you personally.
- To remember when you have accessed our Services;
- To process any selections you make on our Platform;
- To prevent fraud;
- To gather statistical information about usage of our Platform;
- To enable interactive features in our Services;
- To advertise our Platform on third party websites and other digital media.
Information You Actively Submit in Person or via Email, Mail or Phone. We may also collect your personal information outside of the Services in various business situations, such as if you speak with our personnel at a trade show or industry event, call us for phone-based customer service, or email or mail our personnel for business purposes. In these circumstances, we may collect and process your contact information (e.g., name, email address, phone number and business address), information about your business and its interactions with us, and any other personal information you actively provide to us. In such instances, you will know what data is collected, because you will actively submit it.
Publicly Available Information. If you have identified yourself to us as a user of our Services or expressed interest in our products or services, we may collect the following personal information about you from publicly available sources: your organization, contact information, preferences and demographic information. These publicly available sources include public profiles on company and professional networking websites.
Wishlist Rewards’ Use of Your Personal Information.
We use personal information that we collect about you to:
- Upon request, create access for you or the organization for which you work;
- Fulfill your orders for Wishlist Cards;
- Update your account and transactions;
- Discharge our contractual obligations to you;
- Provide requested services and information;
- Respond appropriately to your inquiries;
- Secure, debug, optimize and improve the performance of our Services;
- Customize your experience on the Platform; and
- Comply with any legal obligations that apply to us.
To the extent permitted by applicable law, including in accordance with your consent where required by applicable law, we use your email address to send you marketing communications. If you do not wish to receive such marketing emails, you may opt out by declining to receive such emails when registering or at other information collection points on our Services or by following opt-out instructions included in such emails. We also perform statistical analyses of the users of our Platform to improve the content, design and navigation of the Services. In these cases, we use anonymized, aggregate or statistical data that cannot be used to identify you. If you wish for us to delete any or all of your personal information, your request may be made to email@example.com
Disclosure of Your Personal Information. Information about our Users is an important part of our business, and we are not in the business of selling it to others. We share your personal information only as described below and in accordance with applicable law.
Third-Party Service Providers: We employ Service Providers and Vendors who fulfill services for redeemed Wishlist Cards. They have access to personal information needed to fulfill their service to and for you, but may not use it for other purposes.
Affiliates: We share your personal information with our Affiliates to help fulfill Services, respond appropriately to requests and to improve our and their services and offerings.
Business Transfers: As we continue to develop our business, we might sell or buy subsidiaries, business units or our entire business. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless the customer consents otherwise) and applicable laws.
Protection of Wishlist Rewards and Others: We disclose account and other personal information when we believe it is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Wishlist Rewards, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. This does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.
With Your Consent: Other than as set out above, we will obtain your consent as required by law before disclosing your personal information to a third party.
If you have any other questions, don’t be afraid to ask. Your concerns are our concerns!
ALL SALES ARE FINAL.
Tickets purchased through Wishlist platform CANNOT be resold.
User understands that event tickets sold through Wishlist platform may be obtained by Ticket Brokers operating in the secondary ticket market and may be resold above or below the face value. User agrees and understands that ticket price as shown on their order and paid by User for said tickets may be higher or lower than original purchase price shown on the face of the ticket.
Wishlist is not affiliated with any venue, sports team or performer and is not a primary box office.
All prices are in United States dollars.
By nature, the ticket market is dynamic and constantly changing so tickets displayed may not be available at time of purchase. Wishlist will not guarantee tickets as ordered until User is in possession of tickets. Immediately upon receiving tickets, it is User’s responsibility to verify performer, venue, date, time and seat location of tickets is accurate. User is responsible to maintain possession of tickets until time of use. Wishlist will not replace lost or stolen tickets.
User agrees to adhere to all rules, procedures and policies of the venue and performer. Inappropriate behavior by User resulting in ejection from the venue will be the responsibility of the User as will any and all fines, legal expenses or other expense that are incurred by USER as a result of the ejection. Additionally, User will be solely responsible for all damage they may inflict against venue, performer, other attendees, employees of the venue or any other person.
Due to the nature of our dynamic hotel inventory and highly discounted rates, hotel rooms are not refundable nor alterable after booking
A valid credit card is required upon check-in for incidentals and/or additional costs.
A Provider may apply additional terms and conditions related to the Confirmed Booking(s) and other services provided by that Provider (“Provider Terms and Conditions”). You agree to abide by the Provider Terms and Conditions imposed by the Supplier(s) with respect to your Confirmed Booking(s). Please review the Provider Terms and Conditions associated with your Confirmed Booking(s).
As the Hotel market is dynamic and constantly changing, rooms displayed may not be available at time of purchase. Wishlist will not guarantee rooms as confirmed until User is in possession of booking confirmation.
Getaways and Custom Trips
Users will be unable to book trips with a departure date less than sixty (60) days in the future. This buffer allows our travel specialists to secure appropriate accommodations and experiences
Trips cannot be altered, transferred nor canceled after submitting a selection
Airport check-in is recommended two (2) hours prior to departure for domestic flights and three (3) hours prior to departure for international flights.
If you are a United States Citizen you MUST have the following for your trip:
- US Passport valid for 6 months after return from your trip
- Note: All US citizens and non US citizens may require special visas, immigration arrangements and re-entry permits which are the responsibility of the traveler. Please see www.travel.state.gov for more details
- Each traveler’s name must correspond exactly to the name on the valid government-issued photo ID used at check-in.
Exact rates and fares are not guaranteed until your trip is confirmed in full.
Taxes are always subject to change even after paid or confirmed in full.
Wishlist Rewards is not liable for any personal injury, property damage, accident, delay inconvenience, change in itinerary or accommodations, or other irregularity which may occur due to (1) wrongful, negligent or arbitrary acts or omission on the part of the Suppliers/Providers, their employees or others not in the direct control of Wishlist, (2) defects or failures of any conveyance, equipment or instrumentality under control of the Suppliers/Providers, and (3) but not limited to, acts of God, acts of terrorism, fire, acts of governments or other authorities, wars, civil disturbances, riots, strikes, thefts, pilferage, epidemics, quarantines or dangers incident to the sea, land or air.
Personnel booking trips with Wishlist and making travel arrangements agree to hold both Wishlist blameless in making the arrangements on their behalf. Furthermore, restitution or damages, if any are claimed, shall be sought directly from the suppliers.
Wishlist is unable to:
- Provide travel advice in most locations
- Book cruises
- Add credit to already existing reservations
- Book vacation rentals or shared spaces
- Book multi-day tours / trip guides
- Amend reservations (accommodations/airfare) once they have been booked; this needs to be done by traveler
- Guarantee specific hotel requests (out-of-network hotels)
- Make transportation reservations
- Make restaurant reservations
- Book or reserve more than two (2) hotel per booking