Terms Of Use

MARRIOTT GIFTS WEBSITE TERMS OF USE

Last updated: May 27, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Marriott International Management Company BV, Level 5, 161 Elizabeth Street, Sydney, NSW 2000.

Country refers to: New South Wales, Australia

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Website.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Marriott Gifts Australia, accessible from www.marriottgifts.com.au

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: anzp.marketing@marriott.com

By mail: Level 5, 161 Elizabeth Street, Sydney, NSW 2000

OUR ECOMMERCE PARTNER MYGUESTLIST TERMS AND CONDITIONS OF SALE

The use of "we", "us", "our" or "MyGuestlist" in this document refers to MyGuestlist Pty Ltd and our personnel and MyGuestlist Inc and its personnel.

MYGUESTLIST provides venue operators and event managers ("Event Holders") with a service which allows them to sell tickets ("Tickets") to events held or managed by those Event Holders ("Events").

MYGUESTLIST will permit you, the customer, to place orders and pay for orders for Tickets and Merchandise in respect of Events.

Your use of the Service and your purchase of Tickets, Merchandise or payment for Vouchers is governed by the terms and conditions set out below ("this Agreement"). This Agreement forms a binding legal agreement between you and MYGUESTLIST. You should read the terms and conditions of this Agreement carefully.

Without limiting the way in which you may be bound by this Agreement, by signing a document agreeing to be bound by this Agreement, by clicking a button on your computer screen including your acceptance of this Agreement, or by proceeding to purchase any Tickets, Merchandise or Vouchers through the Service, you will be deemed to have accepted and will be bound by the terms and conditions of this Agreement.

THE SERVICE

MYGUESTLIST will provide you with the following ("Service"):

A secure payment facility to enable you to pay for Tickets, Merchandise and Vouchers for Events held by Event Holders.

The supply and delivery to you of Tickets which you have purchased if required. Such Tickets if required will be delivered in an electronic PDF format nominated by you at the time of purchase which will be either to print the Ticket as displayed to you on screen, send you an email containing the Ticket as an attachment or send your Ticket to you as an SMS to your mobile phone. If MYGUESTLIST is not supplying a ticket for a particular event, then the Event Holder will be responsible for supplying a ticket to you.

MYGUESTLIST will not be responsible for the supply or delivery of Merchandise to you. The Event Holder or its representatives are responsible for supplying Merchandise to you.

The above Service constitutes MYGUESTLIST's only obligations to you in respect of the supply of Tickets, Merchandise or payment of Vouchers.

MYGUESTLIST may refuse to sell or supply any Tickets or Merchandise to you or process any payment of Vouchers made by you at any time in its sole and absolute discretion including, without limitation, where you use the Service in an illegal, fraudulent, offensive or unethical manner or make any use of the Service which in MYGUESTLIST's sole opinion is likely to bring MYGUESTLIST into disrepute or to impact the use of the Service by MYGUESTLIST's other customers.

CONDITIONS OF SALE

The following conditions apply to the sale of Tickets and Merchandise and payment of Vouchers and also to your attendance at an Event:

Tickets, Merchandise and Vouchers must be paid for by credit card or other alternate payment methods offered by MYGUESTLIST from time to time. A purchase will not be processed unless you correctly provide all information requested by MYGUESTLIST at the time of purchase.

MYGUESTLIST may charge a fee for the replacement of Tickets which are lost or stolen. MYGUESTLIST will be under no obligation to replace general admission Tickets (which are Tickets where seating is not allocated).

The right of admission is reserved and is subject to the Event Holder's and the respective venue's terms of admission, copies of which may be obtained from the Event Holder. Late arrival may result in admission to the Event being refused.

If a concession Ticket is purchased, you may be required to provide valid identification to substantiate any concession at the time of collection of the Tickets or entry to the relevant venue.

The Event may ban cameras, audio and video recording equipment.

Events may be broadcast on television, radio or over the internet. As a result of your attendance at the Event, you may appear in these broadcasts with or without your knowledge or consent.

It may be a condition of entry to individual Events that a search of person and / or their possessions will be required at the time of the entry to the relevant venue.

Entry may be refused to an Event if Tickets are damaged or defaced in any way or are not purchased from MYGUESTLIST or other authorised points of sale.

You must not, without the prior written consent of MYGUESTLIST or the Event Holder, resell or offer for sale any Tickets you have purchased at a premium to their purchase price. You cannot resell the Tickets on an online auction site. If a Ticket is sold or used in breach of this condition, the Ticket may be cancelled without a refund and the holder of the Ticket may be refused admission to the Event.

In addition to the price you pay for Tickets, Merchandise or Vouchers, you may be required to pay certain fees and charges which MYGUESTLIST imposes from time to time including, without limitation, any booking fees or handling charges.

GST and other taxes may apply to the sale/purchase/payment of Tickets, Merchandise or Vouchers. Unless otherwise stated at the time of payment, the prices of Tickets, Merchandise or Vouchers will be inclusive of GST and other applicable taxes.

There is no refund or exchange on any Voucher, Ticket or Merchandise except as required by law and as otherwise specified by the Event Holder. If a refund is made, MYGUESTLIST may, to the extent permitted by law, retain any booking fee or other fees and charges which MYGUESTLIST has charged you.

You acknowledge that the Event Holder may add, withdraw, reschedule or substitute artists, acts, entertainment, and/or vary advertised programs, prices, venues, seating arrangements and audience capacity.

You acknowledge that the resale of Tickets in certain circumstances may breach certain laws (including, without limitation, laws related to scalping).

When purchasing your Tickets or Merchandise, you must allow sufficient time for their collection and delivery prior to the Event.

LIABILITY AND DISCLAIMER

Tickets, Merchandise and Vouchers are sold/provided by MYGUESTLIST on behalf of the Event Holder. Any legal agreement or contract in relation to the sale of Tickets, Merchandise or Vouchers ("Supply Agreement") is between you and the Event Holder. MYGUESTLIST's only obligation to you in respect of an Event is the provision of the Service in accordance with this Agreement.

You agree that MYGUESTLIST will not be liable or responsible to you for any act, omission or negligence in connection with an Event nor for any act, omission or negligence of the Event Holder in any way whatsoever including, without limitation:

Any failure of the Event Holder to fulfil any other obligation to you, including, without limitation, any obligation arising under any law.

Any failure of the Event Holder to honour any representations, warranties, undertakings or fulfil their other obligations in respect of the Event, the supply of Tickets or Merchandise

Any failure of the Event Holder to comply with the terms of the Supply Agreement.

You acknowledge that MYGUESTLIST has made no warranties that the Service will be error free.

You agree that MYGUESTLIST will not be liable or responsible for any failure in, or delay to, the provision of the Service or in MYGUESTLIST complying with its obligations under this Agreement where such failure or delay has a arisen as a direct or indirect result of:

a significant demand being placed on MYGUESTLIST's services which is above the usual level of demand and which results in a failure of MYGUESTLIST's software and hardware to function correctly;

fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;

denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;

the failure of any third party (including without limitation, any bank or other financial organisation) to fulfil any obligations to MYGUESTLIST; or

any other circumstances or event similar to the above which are beyond the reasonable control of MYGUESTLIST.

You acknowledge that MYGUESTLIST has not made and will not make any express or implied warranties in relation to the Service or any other goods or services provided by MYGUESTLIST under this Agreement, other than those warranties contained in this Agreement. Subject to the following, any term that would be implied into this Agreement, including without limitation any condition or warranty, is hereby excluded.

Subject to the following, you agree that MYGUESTLIST will not be liable in respect of any claim by you (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Service or the provision of any other goods or services under this Agreement and whether as a result of any breach or default, by MYGUESTLIST. The maximum liability of MYGUESTLIST under this Agreement for any and all breaches of this Agreement will not exceed the total amounts paid by you for any Tickets, Merchandise or Donations.

If the Trade Practices Act 1974 (Cth) (or analogous legislation) applies to this Agreement and permits the limitation of liability for breach of warranty implied by statute, the liability of MYGUESTLIST is limited, at the option of MYGUESTLIST, to:

in the case of goods, any one or more of the following:

the replacement of the goods or the supply of equivalent goods;

the repair of the goods;

the payment of the cost of replacing the goods or of acquiring equivalent goods; or

the payment of the cost of having the goods repaired; and

in the case of services:

the supplying of the services again; or

the payment of the cost of having the services supplied again.

Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of MYGUESTLIST will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by statute.

MYGUESTLIST PRIVACY POLICY

You can view the MYGUESTLIST privacy policy here: http://www.myguestlist.com/mgl/legal/privacy.html

DISPUTES, QUESTIONS, CONCERNS

If you have any concerns or issues relating to your use of the Service or the supply of Tickets or Merchandise or Vouchers by MYGUESTLIST, please contact us at support@myguestlist.com

This Agreement is governed by the laws of the State of Victoria, Australia. You agree that you submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia in respect of any dispute arising under this Agreement.

Marriott Brands

This website is managed by Marriott International Management Company B.V. Marriott Bonvoy trademark is the registered trademark of Marriott International, Inc and its affiliates and are used with permission. All rights reserved.