Website Terms Of Service
Welcome to https://usa.match-hospitality.com (the "Website"). MATCH HOSPITALITY USA (and the entities
it controls, collectively "MATCH HOSPITALITY USA") provide the Website, including any Content (defined
below), to you, subject to the following Terms of Service and any documents referred to in them ("TOS"),
which may be updated by MATCH HOSPITALITY USA from time to time without notice to you. You should
review the TOS regularly at https://usa.match-hospitality.com/2022/pdfs/TOSMATCHHospitalityUSA.pdf
By accessing the Website and/or any pages thereof, you signify your agreement with and understanding of
the TOS and any changes to them. If you do not agree to the TOS, do not access the Website.
By accessing the Website and/or any pages thereof, you signify your agreement with and understanding of
the TOS and any changes to them. If you do not agree to the TOS, please do not access the Website.
1. TOS AND ADDITIONAL LEGAL REQUIREMENTS
In addition to the TOS, when using particular MATCH HOSPITALITY USA services, you and MATCH
HOSPITALITY USA may be subject to any guidelines and rules applicable to such services which may be
posted by MATCH HOSPITALITY USA from time to time. All such guides and rules are hereby incorporated
by reference into the TOS. In most cases the guides and rules are specific to a particular part of the
Website and will assist you in applying the TOS to that part, but to the extent of any inconsistency between
the TOS and any guide or rule, the TOS will prevail. Unless explicitly stated otherwise, any new features
that augment or enhance the current Website shall be subject to the TOS.
2. YOUR RESPONSIBILITY FOR INTERNET ACCESS
In order to use the Website, you must obtain access to the World Wide Web, either directly or through
devices that access web-based content, and pay any service and/or telephony fees associated with such
access. In addition, you must provide all equipment necessary to make such a connection to the World
Wide Web, including a computer and modem or other access device. You are also responsible for ensuring
that all persons who access the Website through your internet connection are aware of the TOS, and that
they comply with them.
3. YOUR REGISTRATION OBLIGATIONS
Certain areas of the Website may require registration. In respect of your use of these areas of the Website,
you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by
the registration form (such information being the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If you provide, or MATCH
HOSPITALITY USA has reasonable grounds to suspect that you have provided, any information that is
untrue, inaccurate, not current or incomplete, or MATCH HOSPITALITY USA otherwise reasonably
considers that you have failed to comply with any provisions of these TOS, MATCH HOSPITALITY USA has
the right to suspend or terminate your account and refuse any and all current or future use of the Website
(or any portion thereof).
By using the Website you or any person you allow to access and use your account may provide MATCH
HOSPITALITY USA with certain personal data, including the Registration Data, financial data in connection
with any transaction you complete and certain other information about you. By submitting your personal
information to the Website, you agree (and shall ensure that each other person whose data is provided
agrees) to MATCH HOSPITALITY USA's use of such data (i) in accordance with the Sales Regulations, or
other uses which are disclosed to which you indicate consent, (ii) in accordance with MATCH HOSPITALITY
agents, representatives and third party organisations worldwide for the purpose of providing the Website
to you in an efficient manner (including to countries which may not afford the same level of protection of
such data as the country from which you provided the information); (iv) for the purpose of properly
administering your account in accordance with the standard operating procedures of MATCH
HOSPITALITY USA or its affiliated or service companies (including without limitation contacting you about
the Website, your account, these TOS); or (v) if required to do so by law or in the good faith belief that any
such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOS,
respond to claims that any Content violates the rights of third-parties, or protect the rights, property, or
personal safety of other users or the public
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you register on this Website to receive official documents, you may receive a password and account
designation. You are responsible for maintaining the confidentiality of the password and account, and are
fully responsible for all activities that occur under your password or account. You agree to (a) immediately
notify MATCH HOSPITALITY USA of any unauthorised use of your password or account and any other
breach of security; and (b) ensure that you exit from your account at the end of each session. MATCH
HOSPITALITY USA cannot and will not be liable for any loss or damage arising from your failure to comply
with this Section 5.
You agree to indemnify and hold MATCH HOSPITALITY USA and its subsidiaries, affiliates, licensors,
licensees, officers, agents, and other partners, and employees, harmless from any and all liabilities, losses,
damages, claims, penalties, fines, costs and expenses, including without limitation reasonable legal fees,
that may arise in connection with: (i) your use of and access to the Website; and (ii) your failure to comply
with any provision of the TOS.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial or non-commercial
purposes, any portion of the Website, use of the Website, or access to the Website, without the prior
written consent of MATCH HOSPITALITY USA. Should you be interested in reproducing, duplicating or
copying any of the content of the Website, please contact MATCH HOSPITALITY USA via email:
8. MODIFICATIONS TO SERVICE
MATCH HOSPITALITY USA reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that MATCH
HOSPITALITY USA shall not be liable to you or to any third party for any modification, suspension or
discontinuance of the Website. Although MATCH HOSPITALITY USA will take reasonable care in ensuring
the Content is up to date, any of the Content may be out of date at any given time, and MATCH
HOSPITALITY USA is under no obligation to update such Content
You agree that MATCH HOSPITALITY USA may in its sole discretion, terminate your password, account (or
any part thereof) or use of the Website, and remove and discard any Content within the Website, for any
reason, including, without limitation, for lack of use or if MATCH HOSPITALITY USA believes that you have
violated or otherwise not complied with any provision of, the TOS. MATCH HOSPITALITY USA may also in
its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without
notice. You agree that any termination of your access to the Website under any provision of this TOS may
be effected without prior notice, and acknowledge and agree that MATCH HOSPITALITY USA may
immediately deactivate or delete your account and all related information and files in your account and/or
bar any further access to such files or the Website. Further, you agree that MATCH HOSPITALITY USA shall
not be liable to you or any third-party in any way for any termination of your access to the Website.
10. DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, any third party
advertisers and merchants found on or through the Website or emails generated as a result of Registration
on the Website, including payment for and delivery of related goods or services by third parties, and any
other terms, conditions, warranties or representations associated with such third party dealings, are solely
between you and such third party advertiser or merchants. To the fullest extent permitted by applicable
law, you agree that: (a) MATCH HOSPITALITY USA shall not be responsible or liable for any loss or damage
of any kind incurred as the result of any such third party dealings or as the result of the presence of such
advertisers and merchants on the Website or emails generated as a result of Registration on the Website,
and (b) any orders placed by you on, and any third party product specifications and product availability are
subject to confirmation by, and the terms and conditions of business of, the relevant third party advertiser
or merchant. You agree to destroy any Content and any copies thereof displayed on your website or
otherwise held by you as soon as practicable following receipt of a request from MATCH HOSPITALITY
USA to do so.
The Website may provide, or third parties may provide, links to other websites or resources. Because
MATCH HOSPITALITY USA has no control over such sites and resources, you acknowledge and agree that
MATCH HOSPITALITY USA is not responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any content, advertising, products, or other materials
on or available from such third party sites or resources. You further acknowledge and agree that MATCH
HOSPITALITY USA shall not be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such third party content, goods,
services or any other material available on or through any such site or resource. Without the prior written
consent of MATCH HOSPITALITY USA, you agree that you will: (a) not establish any link to the Website, (b)
not to include the Website into the frame of another website; (c) not to create any third party association
with the Website; and (d) ensure that any link approved in writing in advance by MATCH HOSPITALITY USA
does not state or imply that MATCH HOSPITALITY USA approves of, sponsors or endorses any other
website activity, company or entity, or present MATCH HOSPITALITY USA and/or its activities in a false,
misleading, defamatory or derogatory manner or otherwise damage MATCH HOSPITALITY USA's
reputation or takes advantage of it. Any link to the Website that may be approved by MATCH HOSPITALITY
USA does not permit you to use any MATCH HOSPITALITY USA and/or third party content, names, logos,
pictures or trademarks, unless separately and previously agreed to in writing by the relevant rights-holder.
MATCH HOSPITALITY USA reserves the right to require you to remove any link to the Website without
12. PROPRIETARY RIGHTS
You acknowledge and agree that the Website, any necessary software used in connection with the
Website ("Software"), and the Content, including without limitation the Content contained in any
advertisements or information presented to you through the Website or advertisers the trademarks, service
marks and logos contained in the Content, are owned by or licensed to MATCH HOSPITALITY USA, and
contain proprietary and confidential information that is protected by applicable intellectual property and
other laws. MATCH HOSPITALITY USA has absolute editorial control over all such Content. MATCH
HOSPITALITY USA grants you permission to view, store, print, reproduce and distribute any pages or
download any material from the Website for personal non-commercial use only provided that (a) MATCH
HOSPITALITY USA's status (and that of any identified contributors) as the authors of the Content is always
acknowledged; (b) you include a link to these TOS and applicable Sales Regulations with any reproduction;
and (c) such Content is displayed in accordance with any relevant requirements as may be notified to you
by MATCH HOSPITALITY USA from time to time. Except as expressly authorised by MATCH HOSPITALITY
USA or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works
based on the Website or the Software, in whole or in part.
MATCH HOSPITALITY USA grants you a personal, non-transferable and non-exclusive right and licence to
use the object code of its Software for the purposes of using the Website in the manner permitted by these
TOS, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign,
sublicense, grant a security interest in or otherwise transfer any right in the Software. The foregoing is
subject to applicable statute and other express law. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining
unauthorised access to the Website. You agree not to access the Website by any means other than
through the interface that is provided by MATCH HOSPITALITY USA for use in accessing the Website.
13. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other
material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to
the Website, the server on which the Website is stored or any server, computer or database connected to
the Website. You must not attack our site via a denial-of-service attack or a distributed denial-of service
attack. By breaching this provision, you may commit a criminal offence in a number of different jurisdictions.
We may report any such breach to the relevant law enforcement authorities and we may co-operate with
those authorities by disclosing your identity to them. In the event of such a breach, your right to use the
Website will cease immediately. We will not be liable for any loss or damage caused by a distributed
denial-of-service attack, viruses or other technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material due to your use of the Website or to
your downloading of any material posted on it, or on any website linked to it.
You expressly acknowledge and agree that:
A. Your use of the website is at your sole risk. The website is provided on an "As is" and "As available"
basis. To the fullest extent permitted by applicable law, MATCH HOSPITALITY USA expressly disclaims all
warranties, conditions and other terms of any kind, whether express or implied, including but not limited to
any implied term of accuracy, merchantability, satisfactory quality, fitness for a particular purpose, and any
term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of
any intellectual property right.
B. MATCH HOSPITALITY USA makes no warranty or representation that (I) the website will meet your
requirements, (ii) the website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be
obtained from the use of the website will be accurate or reliable, (iv) the quality of any products, services,
information, or other material purchased or obtained by you through the website will meet your
expectations, and (v) any errors in the software will be corrected.
C. Any material downloaded or otherwise obtained through the use of the website is done at your own
discretion and risk and that you will be solely responsible for any damage to your computer system or loss
of data that results from the download of any such material.
D. No information, whether oral or written, obtained by you from MATCH HOSPITALITY USA or through or
from the website shall create any warranty or other obligation not expressly stated in the tos and MATCH
HOSPITALITY USA disclaims all liability and responsibility arising from any reliance placed on such
materials by any visitor to the website or by anyone who may be informed of any of its contents.
15. LIMITATION OF LIABILITY
You expressly acknowledge and agree that MATCH HOSPITALITY USA shall not be liable for any direct,
indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for
loss of profits, goodwill, use, data or other intangible losses (even if MATCH HOSPITALITY USA has been
advised of the possibility of such damages), resulting from: (I) the use or the inability to use the website; (ii)
the cost of procurement of substitute goods and services resulting from any goods, data, information or
services purchased or obtained or messages received or transactions entered into through or from the
website; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of
any third party on the website; (v) results of the website, any websites linked to it and any materials posted
on it; or (vi) any other matter relating to the website.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of
or related to use of the website of these tos must be filed within one (1) year after such claim or cause of
action arose. If you do not do so you expressly waive any right you have to do so.
16. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability
for incidental or consequential damages. Accordingly, some of the above limitations of sections 14 and 15
may not apply to you.
Nothing in these tos shall affect the statutory rights of any consumer or exclude or restrict any liability for
death or personal injury arising from the negligence or fraud of MATCH HOSPITALITY USA or any other
liability which cannot be excluded or limited under applicable law.
Notices to you may be made via either email or by post at the relevant email or postal address provided by
you to MATCH HOSPITALITY USA from time to time. The Website may also provide notices of changes to
the TOS or other matters by displaying notices or links to notices to you generally on the Website.
18. TRADEMARK AND COPYRIGHT INFORMATION
A. The Website and Content are copyright material of MATCH HOSPITALITY USA. The name and logo
of MATCH HOSPITALITY USA are trademarks of MATCH HOSPITALITY (the "MATCH HOSPITALITY
Marks"). You agree not to display or use the MATCH HOSPITALITY Marks in any manner without MATCH
HOSPITALITY's prior written permission. All rights of reproduction and distribution are reserved.
B. Certain information, trademarks, copyrights and photographs on the Website are licensed to MATCH
HOSPITALITY USA by other third parties. All rights of reproduction and distribution are reserved.
19. GENERAL INFORMATION
These TOS (including the guides, rules and other terms referred to herein) constitute the entire agreement
between you and MATCH HOSPITALITY USA in relation to their subject matter, superseding and
extinguishing any prior agreements, arrangements, undertakings of any nature, between you and MATCH
HOSPITALITY USA, whether oral or written in relation to such subject matter. You may be subject to
additional terms and conditions that may apply when you use affiliate services, third-party content or
third-party software. The TOS and the relationship between you and MATCH HOSPITALITY USA shall be
governed by the laws of Switzerland. All disputes in connection with these TOS are to be resolved, to the
exclusion of the ordinary courts, by a three person Arbitral Tribunal in accordance with the International
Arbitration Rules of the Swiss Chamber of Commerce, one arbitrator to be appointed by each of the
parties. The proceedings will be conducted in English and will take place in Zurich.
Any failure by MATCH HOSPITALITY USA to exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the TOS is found to be invalid, the parties
nevertheless agree that the parties' intentions as reflected in the provision shall be given effect to the
fullest extent practicable, and the other provisions of the TOS remain in full force and effect. The section
titles in the TOS are for convenience only and have no legal or contractual effect.
You may not assign or transfer any of your rights or obligations, or subcontract the performance of any of
your obligations, under these TOS. MATCH HOSPITALITY USA may assign or transfer any right or
obligation, or subcontract the performance of any of its obligations, under these TOS to any third party at
any time without your consent (such consent hereby being given).
Please report any violations of the TOS to MATCH HOSPITALITY USA via email:
21. LIVE CHAT
The Website includes features such as live chat and other social media features. These features may
collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature
features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with