HOTWIRE MOBILE APPLICATIONS TERMS & CONDITIONS OF ACCEPTABLE USE
1. TERMS AND CONDITIONS OF ACCEPTABLE USE
By downloading, browsing, accessing, or using Hotwire Mobile Applications (the “APP” or “APPs”), you
agree to be bound by these Hotwire Mobile Applications Terms and Conditions of Acceptable Use (“APP
Terms”). We reserve the right to amend these APP Terms at any time. If you disagree with any of
APP Terms, you must immediately discontinue your access to and use of the APPs. Your continued use
the APPs constitutes acceptance of these APP Terms, as may be amended from time to time.
these APP Terms, the following capitalized terms shall have the following meanings, except where the
context otherwise requires:
means an account created by a User on the APP as part of Registration.
refers to any entity whose products can be accessed or purchased (as the
case may be) via the APPs.
means all services provided by Hotwire Communications via the APPs to
and "Service" means any one of them.
means to create an Account on an APP, and "Registration" means the act of
creating such an Account.
means users of an APP, including you, and "User" means any one of them.
means Hotwire Communications, Ltd., its parents, subsidiaries, divisions, and
3. THE APPS AND THE SERVICES
3.1 Applicability of terms and conditions: The use the APPs is subject to these APP Terms.
3.2 Location: The APPs are intended solely for use by Users who access and use an APP within the
continental United States (“U.S.”). We make no representation that APPs are available or otherwise
suitable for use outside of the U.S.
If you access APPs from locations outside of the U.S., you do so on your own initiative and are
responsible for the consequences and for compliance with all applicable laws.
3.3 Scope: The APPs are strictly for your use in your capacity as an active Hotwire subscriber. The
must not resold or used for purposes, business or personal, unrelated to your authorized use of
products and services.
3.4 Prevention on use: We reserve the right to prevent you using an APP (or any part of it).
3.5 Equipment and Networks: The provision of the APPs does not include the provision of a mobile
telephone or handheld device or other necessary equipment to access the APPs or the eligible
To use the APPs or Services, you will require Internet connectivity and appropriate
You acknowledge that the terms of service with your respective mobile network provider will continue
apply when using the APPs. As a result, you may be charged by your mobile network provider for
network connection services for the duration of the connection while accessing the APPs or any such
third party charges as may arise. You accept responsibility for any such charges that arise.
3.6 Permission to use APPs: If you are not the bill payer for the mobile telephone or device being
to access the APPs, you will be assumed to have received permission from the bill payer for using
3.7 License to Use Material: By submitting any text or images (including photographs) (“Material”)
an APP, you represent that you are the owner of the Material, or have proper authorization from the
owner of the Material to use, reproduce, and distribute it. You hereby grant us a worldwide,
royalty-free, perpetual, non-exclusive license to use the Material to promote any products or
4. LOCATION ALERTS AND NOTIFICATIONS
4.1 You agree to receive notifications (“Location Alerts”) on the APPs if you have turned on
services on your mobile telephone or other handheld devices.
5. YOUR OBLIGATIONS
5.1 Merchant terms: You agree to (and shall) abide by the terms and conditions of the relevant
as may be amended from time to time.
5.2 Accurate information: You warrant that all information provided upon Sign Up and Registration
contained as part of your Account is true, complete, and accurate, and that you will promptly inform
of any changes to such information by updating the information in your Account.
5.3 Prohibitions in relation to usage of APPs or Services: Without limitation, you undertake not to
or permit anyone else to use the APPs or Services:
a) to send or receive any material which is not civil or tasteful;
b) to send or receive any material which is threatening, grossly offensive, of an indecent,
or menacing character, blasphemous or defamatory of any person, in contempt of court or in
confidence, copyright, rights of personality, publicity or privacy, or any other third party
c) to send or receive any material for which you have not obtained all necessary licenses and/or
approvals (from us or third parties); or which constitutes or encourages conduct that would be
considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law
or infringe the rights of any third party in any country in the world;
d) to send or receive any material which is technically harmful (including computer viruses,
bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or
e) to cause annoyance, inconvenience or needless anxiety;
f) to intercept or attempt to intercept any communications transmitted by way of a
g) for a purpose other than which we have designed them or intended them to be used;
h) for any fraudulent purpose;
i) other than in conformance with accepted Internet practices and practices of any connected
j) in any way which is calculated to incite hatred against any ethnic, religious or any other
minority or is otherwise calculated to adversely affect any individual, group or entity; or
k) in such a way as to, or commit any act that would or does, impose an unreasonable or
disproportionately large load on our infrastructure.
5.4 Prohibitions in relation to usage of the APPs or Services, additional: Without limitation, you
further agree not to, or permit anyone else to:
6. RULES ABOUT USE OF THE SERVICE AND THE APPS
a) resell any products;
b) furnish false data including false names, addresses and contact details and fraudulently use
credit/debit card numbers;
c) attempt to circumvent our security or network including to access data not intended for you,
into a server or account you are not expressly authorized to access, or probe the security of
d) execute any form of network monitoring which will intercept data not intended for you;
e) enter into fraudulent interactions or transactions with us or a Merchant (including
or transacting purportedly on behalf of a third party where you have no authority to bind that
party or you are pretending to be a third party);
f) extract data from or hack into the APPs;
g) use the APPs or Services in breach of these APP Terms;
h) engage in any unlawful activity in connection with the use of the APPs or the Services;
i ) engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits
other customer from properly using or enjoying the APPs or Services.
6.1 We will use reasonable efforts to correct any errors or omissions as soon as practicable after
notified of them. However, we do not guarantee that the APPs will be free of faults, and we do not
accept liability for any such faults, errors, or omissions. In the event of any such fault, error,
omission, you should report it by contacting Hotwire at email@example.com.
6.2 We do not warrant that your use of the APPs or the Services will be uninterrupted, and we do not
warrant that any information (or messages) transmitted via the APPs or the Services will be
accurately, reliably, in a timely manner, or at all. Notwithstanding that we will try to allow
uninterrupted access to the APPs or the Services. Access to the APPs and the Services may be
restricted, or terminated at any time.
6.3 We do not give any warranty that the APPs are free from viruses or anything else which may have
harmful effect on any technology.
6.4 We reserve the right to change, modify, substitute, suspend or remove without notice any
on the APPs from time to time. Your access to the APPs and/or the Services may also be occasionally
restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We
attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve
right to withdraw any information or Services from the APPs at any time.
6.5 We reserve the right to block access to and/or to edit or remove any material which in our
reasonable opinion may give rise to a breach of these APP Terms
7. SUSPENSION AND TERMINATION
7.1 If you use (or anyone other than you, with your permission uses) the APPs or any Services in
contravention of these APP Terms, we may suspend or terminate your use of the APPs and/or Services.
7.2 If we suspend an APP, we may refuse to restore the APP for your use until we receive an
from you, in a form we deem acceptable, that there will be no further breach of the provisions of
7.3 We shall fully co-operate with any law enforcement authorities or court order requesting or
directing Hotwire to disclose the identity or locate anyone in breach of these APP Terms.
7.4 Without limitation to anything else in this Clause 7 and in our sole discretion, we shall be
entitled immediately or at any time (in whole or in part) to: (a) suspend APPs; (b) suspend your use
APPs; (c) suspend the use of APPs for persons we believe to be connected (in whatever manner) to
and/or (d) terminate your access to APPs, if:
1) you commit any breach of these APP Terms;
2) we suspect, on reasonable grounds, that you have, might or will commit a breach of these APP
3) we suspect, on reasonable grounds, that you may have committed or be committing any fraud
us or any person.
7.5 Hotwire’s rights under this Clause 7 shall not prejudice any other right or remedy we may have
respect of any breach or any rights, obligations or liabilities accrued prior to termination.
8. DISCLAIMER AND EXCLUSION OF LIABILITY
8.1 The APPs, the information on the APPs, and use of all related facilities are provided on an "as
as available" basis without any warranties whether express or implied.
8.2 To the fullest extent permitted by applicable law, we disclaim all representations and
relating to the APPs and their content, including in relation to any inaccuracies or omissions in
APPs, warranties of merchantability, quality, fitness for a particular purpose, accuracy,
non-infringement, or implied warranties from course of dealing or usage of trade.
8.3 We do not warrant that the APPs will always be accessible, uninterrupted, timely, secure, error
or free from computer virus or other invasive or damaging code, or that the APPs will not be
any acts of God or other force majeure events, including inability to obtain or shortage of
materials, equipment facilities, power or telecommunications, lack of telecommunications equipment
facilities, and failure of information technology or telecommunications equipment or facilities.
8.4 While we may use reasonable efforts to include accurate and up-to-date information on the APPs,
make no warranties or representations as to its accuracy, timeliness, or completeness.
8.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for
direct, indirect, incidental, special, consequential, or punitive damages, howsoever caused,
from or in connection with the APPs and the services offered in the APPs, your access to, use of, or
inability to use the APPs or the services offered in the APP, reliance on or downloading from the
and/or services, or any delays, inaccuracies in the information, or in its transmission including
not limited to damages for loss of business or profits, use, data, or other intangibles, even if we
been advised of the possibility of such damages.
8.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty), or
otherwise, howsoever and whatever the cause thereof, for any indirect, consequential, collateral,
special or incidental loss or damage suffered or incurred by you in connection with the APPs and
APP Terms. For the purposes of these APP Terms, indirect or consequential loss or damage includes,
without limitation, loss of revenue, profits, anticipated savings or business, loss of data or
loss of use or value of any equipment including software, claims of third parties, and all
and incidental costs and expenses.
8.7 The above exclusions and limitations apply only to the extent permitted by law. None of your
statutory rights as a consumer that cannot be excluded or limited are affected.
8.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all
data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant
that data transfers pursuant to the APPs, or electronic mail transmitted to and from us, will not be
monitored or read by others.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought
threatened to be brought against us which is caused by or arising out of (a) your use of the APPs
Services, (b) any other party’s use of the APPs and/or Services using your user ID, verification PIN
and/or any identifier number allocated by Hotwire Communications, and/or (c) your breach of any of
APP Terms, and to pay us damages, costs and interest in connection with such claim, action, suit or
10. INTELLECTUAL PROPERTY RIGHTS
10.1 All editorial content, information, photographs, illustrations, artwork, and other graphic
materials, and names, logos, and trade marks on the APPs are protected by copyright laws and/or
laws and/or international treaties, and belong to us and/or our suppliers. These works, logos,
sounds or images may not be copied, reproduced, sold, retransmitted, distributed, disseminated,
published, broadcasted, or circulated, whether in whole or in part, unless expressly permitted by us
and/or our suppliers.
10.2 Nothing contained on the APPs should be construed as granting by implication, estoppel, or
otherwise, any license or right to use any trademark displayed on the APPs without our written
permission. Misuse of any trademarks or any other content displayed on the APPs is prohibited.
10.3 We will not hesitate to take legal action against any unauthorized usage of our trade marks,
or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein
reserved. Other product and company names mentioned herein may also be the trademarks of their
11.1 We may periodically make changes to the contents of the APPs, including to the descriptions and
prices of goods and services advertised, at any time and without notice. We assume no liability or
responsibility for any errors or omissions in the content of the APPs.
11.2 We reserve the right to amend these APP Terms from time to time without notice. The revised APP
Terms will be posted on the APPs and shall take effect from the date of such posting. You are
review the APP Terms periodically as they are binding upon you, and your continued use of the APPs
constitutes your acceptance of the amended APP Terms.
12. APPLICABLE LAW AND JURISDICTION
12.1 You agree that the laws of the state of Florida shall apply to all matters relating to the use
the APPs, without regard to the conflicts or choice of law principles.
12.2 You agree to submit to the exclusive jurisdiction of the state and federal courts of the county
Broward, state of Florida, with respect of any dispute arising out of and/or in connection with
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