The Terms and Conditions of the IHG Agent Portal are set forth below. Please read these binding terms and conditions carefully before agreeing to them and using this Site.
BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS, MATERIALS, OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS AND NOTICES IN THIS SITE (“AGREEMENT”) WITHOUT MODIFICATION. CERTAIN TERMS, INCLUDING BUT NOT LIMITED TO THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER CLAUSE, MAY RESTRICT YOUR RIGHTS TO BRING A CLAIM IN A COURT OF LAW. IF YOU ARE NOT AN AUTHORIZED USER, AND IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE OR DOWNLOAD ANY MATERIALS FROM IT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE LEAVE THE SITE IMMEDIATELY.
Portal Operation and Eligibility. The documents, data, information and other materials contained on this IHG Agent Portal (the “Site”) are provided by Six Continents Hotels, Inc. (“SCH”), a company within the InterContinental Hotels Group (“IHG”), exclusively for the use of travel agents holding a valid travel agency accreditation number that is approved for use on the Site and who have registered to use the Site, which includes the user’s agreement to these Terms and Conditions (collectively, “Authorized Users”). Once registered, Authorized Users may login through the Site to make reservations for stays at IHG® Hotels & Resorts and, where available, various partner and alliance hotels, resorts, and properties. Notwithstanding anything herein to the contrary, eligibility to participate and utilize (and to continue utilizing) the Site is at the sole discretion of SCH. SCH also reserves the right to change the terms, conditions, and notices under which the Site is offered or operated at any time, and the continued use of the Site after any such change(s) is deemed to be acceptance of the terms, conditions, and notices as modified.
Portal Operation and Eligibility. The documents, data, information and other materials contained on this IHG Agent Portal (the “Site”) are provided by Six Continents Hotels, Inc. (“SCH”), a company within the InterContinental Hotels Group (“IHG”), exclusively for the use of travel agents holding a valid travel agency accreditation number that is approved for use on the Site and who have registered to use the Site, which includes the user’s agreement to these Terms and Conditions (collectively, “Authorized Users”). Once registered, Authorized Users may login through the Site to make reservations for stays at IHG® Hotels & Resorts and, where available, various partner and alliance hotels, resorts, and properties. Notwithstanding anything herein to the contrary, eligibility to participate and utilize (and to continue utilizing) the Site is at the sole discretion of SCH. SCH also reserves the right to change the terms, conditions, and notices under which the Site is offered or operated at any time, and the continued use of the Site after any such change(s) is deemed to be acceptance of the terms, conditions, and notices as modified.
Agreement for Use. You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use this Site in accordance with all terms and conditions contained and/or referenced herein. You agree to supervise and to be financially responsible for your use of this Site, and you warrant that all information supplied by you is true and correct. You also agree that this Site shall be used only to make legitimate reservations or purchases for you or for others for whom you are legally authorized to act. You understand that any improper use or abuse of this Site, any IHG-related reservation systems or platform, or any other IHG-related websites, systems or portals may result in access to this Site, or to other IHG-related systems, sites or portals, being denied and, in some cases, could also result in civil or criminal legal proceedings.
For any reservations or other services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site. Note that in most cases IHG-branded hotels are independently owned and your transaction may not be a direct transaction with SCH, but with the franchisee/licensee of a hotel. By using this Site, you agree to be bound to the owner of the hotel and to SCH, if applicable, and to abide by the applicable booking terms and conditions.
IHG Commission Services. By utilizing this Site, you agree that any commission payments will be processed through the IHG Commission Service (“ICS”) program. ICS is designed to track and pay agency commissions on commissionable rate bookings on behalf of IHG hotels that participate in the central payment program. Commissions are only paid on commissionable rate bookings, and both the hotel and the agency must participate in the centralized payment program in order for you to receive a commission. SCH uses the services of Onyx CenterSource for payment processing and payment distribution, and a 3.5% processing fee applies. You agree to pay this processing fee for any commission payments made through ICS on commissionable rate bookings. You also agree that information provided by you may be shared with Onyx CenterSource for the purpose of processing such commission payments. Notwithstanding the foregoing, SCH reserves the right to cease processing commission payments for a user in circumstances where SCH determines that such user, or anyone acting on such user’s behalf or using their account, has engaged is misuse or abuse of the Site, violated the terms and conditions of this Agreement, engaged in any deceptive or fraudulent advertising with respect to IHG properties, or violated any applicable law or regulation.
Data Protection and Communications. Under the data protection legislation of various countries, we are required to particularly draw your attention to the fact that in registering for the Site, and by virtue of your continued use, you accept and explicitly authorize IHG, in its capacity as data controller, and by its subsidiaries, affiliates, and/or franchisees, to do the following with the personal information you supplied: (i) process it, (ii) transfer it worldwide to any third parties with which IHG is affiliated within the scope of the purpose, function, and use of this Site, (iii) transfer it to third parties to process on IHG’s behalf, where required by applicable law, or in the event of a company reorganization, merger, or acquisition, for use of such information in the administration of registration records, or for use in connection with services, advertising, marketing, and communication purposes. IHG or such third parties may contact you using the email address and phone number included in the Authorized User’s profile. By registering through and utilizing the IHG Agent Portal, you also agree to receive notifications and communications about the IHG Agent Portal. In addition, you agree to such contact information being shared with third party partners, suppliers, and/or service providers for purposes in connection with the processing of commission payments for bookings. You further agree to being contacted by SCH (or a third-party service provider on behalf of SCH) via email to review, and in some cases document, their experience and participation with the IHG Agent Portal. You can find more information on how we handle personal data in our Privacy Statement including how to exercise any rights you may have under applicable law in relation to your data.
Wireless Reservations. Functionality is not guaranteed with all types of mobile devices in using this Site. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device. Additional minutes/charges may apply and may be charged by your mobile carrier/service provider.
Currency Conversion. Currency rates are based on publicly available sources and should be used as guidelines only. Room rates are guaranteed only in hotel’s local currency. Currency quotes are not updated every day. The currency information supplied through this Site is believed to be accurate, but SCH and/or its parent, subsidiaries and affiliates do not warrant or guarantee such accuracy.
Limited License to View and Copy. The content and information displayed on this Site (“Materials”) is the property of SCH and/or other parties. The downloading, reproduction, or retransmission of SCH information, other than for non-commercial individual use, is strictly prohibited. If you are currently an Authorized User, you are granted a limited, non-transferable, revocable license to view and copy the Materials solely for your personal use, subject to the restrictions below.
Prohibited Conduct. You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any of the Materials to any third party without the prior written permission of SCH; (b) interfere or disrupt networks connected to the Site; (c) use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site; (d) transmit files, data or other materials containing a computer virus, corrupted data, worms, “Trojan horses,” or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (e) deliver any communication to or through the Site which violates any local, state, federal or international law; (f) deliver any communication to or through the Site that contains defamatory, libelous, abusive or obscene material; or (g) deliver any communication to or through the Site that will infringe upon the rights of any third party.
Intellectual Property Rights. This Site and the Materials contain and reference trademarks, patents, copyrights, trade secrets, technologies, products, processes or other proprietary rights of SCH and/or other parties. No license or right to or in any such trademarks, patents, copyrights, trade secrets, technologies, products, processes and other proprietary rights of IHG companies and/or other parties is granted to or conferred upon you. No Materials may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not remove any copyright notice, copyright management information, trademark notice or other proprietary notices from the Materials or use the Materials or this Site except as permitted in this Agreement. The use of any Materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any SCH or other IHG-owned trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.
Copyright and Trademark Notices. All contents of this Site are copyright-protected property of one of the IHG companies, or their subsidiaries, affiliates, or an IHG licensor, as applicable. All contents of this Site are protected by United States and international copyright laws.
InterContinental Hotels Group and IHG® Hotels & Resorts are trade names describing the subsidiary companies of InterContinental Hotels Group PLC involved in the hotel business around the world. Trademarks owned by an IHG company may not be used or displayed publicly without the prior written permission of the owner of the marks. Any rights not expressly granted herein are reserved.
The following are some of the service marks owned by SCH, its parents, subsidiaries, or affiliates (all InterContinental Hotels Group companies): IHG®, InterContinental®, Regent®, Kimpton®, voco®, Crowne Plaza®, HUALUXE®, EVEN®, Hotel Indigo®, Holiday Inn®, Holiday Inn Express®, avid®, Holiday Inn Resort®, Holiday Inn Club Vacations®, Staybridge Suites®, Candlewood Suites®, IHG One Rewards™, Six Senses®, Atwell Suites™, Vignette®, Garner™, and Ruby Hotels™.
Copyright Policy. SCH respects the copyright rights of others and has adopted and implemented a policy that provides for (a) the removal of content from this Site under appropriate circumstances, and (b) the suspension or termination of account holders or subscribers who repeatedly infringe the copyright rights of others. If you are a copyright owner and you believe your work has been copied in a way that constitutes copyright infringement, please contact IHG’s designated Copyright Agent, as hereafter defined, and provide the following information:
يجب توجيه إخطارات انتهاك الملكية المزعومة إلى وكيل حقوق الملكية في IHG كالتالي:
Copyright Agent
Six Continents Hotels, Inc.
Three Ravinia Drive
Suite 100
Atlanta, GA 30346-2149
Email: DMCAcomplaints@ihg.com
Phone: 770.604.8760
Parties submitting content to the Site should be aware that IHG companies reserve the right to suspend or terminate their subscriptions or accounts in the event that IHG companies determine, in their sole discretion, that they have engaged in repeated acts of copyright infringement.
Linked Web Sites. This Site may include links to other web sites. SCH provides such links solely as a convenience to you and for informational purposes only. SCH has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates SCH’s or other IHG companies’ endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither SCH, nor any other providers of products or services related to this Site, shall be responsible for content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.
Privacy Statement and Terms of Use. Your use of the Site is subject to the IHG Privacy Statement. If you would like to view these privacy practices, please review our Privacy Statement. Your use of IHG portals and ihg.com websites are also subject to the IHG Terms of Use which can be found here.
Security. If you have been provided with a login and password, then any such login and password are for your use only. You are responsible for maintaining the confidentiality and security of your login and password and you accept responsibility for all activities that occur under your account or password. You must notify SCH immediately in the event that the security of your login or password has been breached.
Employer and Country Restrictions. Some employers may have a policy that prohibits or restricts employee participation in this Site. Some countries’ laws may also prohibit participation. You are responsible for complying with local laws and regulations, applicable terms and conditions of your employment, your employers’ internal policies and procedures, and any other rules to which you are subject. SCH assumes no responsibility for liability for your compliance with such policies, laws, rules, or regulations.
Disclaimer. THE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Further, SCH does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. SCH may make changes to the Materials, or the programs, policies or other information described in the Materials, at any time without notice. SCH makes no commitment to update the Materials.
Limitation of Liability. IN NO EVENT SHALL AN IHG COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE, THESE TERMS AND CONDITIONS, THE MATERIALS, THE AGREEMENT, OR THE PERFORMANCE OR NON-PERFORMANCE BY AN IHG COMPANY OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY, EVEN IF IHG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Hotels Independently Owned and Operated. Most IHG-branded hotels are owned and operated by independent franchisees, and each hotel where you book a room is responsible for the allocation of room inventory and the actual delivery of rates. SCH is not responsible for any acts or omissions of the franchisees in the IHG system or for the acts or omissions of any hotels, resorts, or properties operating under an exclusive partner or alliance relationship with IHG.
Indemnification and Non-Waiver. Each Authorized User using the Site also agrees to defend, indemnify, and hold SCH, the IHG companies, and each of their respective officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third-party relating to or arising out of (i) the misuse or abuse of the Site, or the breach or alleged breach of these Terms and Conditions, by the Authorized User or anyone acting on their behalf or anyone using their account, or (ii) the Authorized User’s violation of any law or regulation or of the rights of a third party.
Any failure by IHG, or by any other indemnified party, to act with respect to any actual, threatened, or potential breach by an Authorized User or others does not waive any right to act with respect to subsequent or similar breaches.
Termination/Access Restriction. Eligibility to participate and utilize and to continue utilizing the Site is at the sole discretion of SCH. SCH reserves the right, in its sole discretion, to deny or modify your access or to terminate your access to the Site or any portion thereof at any time, with or without notice.
Notices. All notices and other communications permitted or required by the provisions of this Agreement may be given by electronic mail, conventional mail or, if by an IHG company, by posting such notice on this Site. Notice is deemed given upon receipt by you if sent by electronic mail or conventional mail, or immediately upon posting to this Site.
Governing Law. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in this Agreement or Materials may be filed only in the state or federal courts located in the State of Georgia, United States.
Arbitration. Except with respect to any claim or dispute involving the ownership, validity or use of any IHG trademarks or service marks, and to the extent permitted by applicable law, any dispute arising out of or related to the use or performance of this Site, these Terms, the Materials, or the Agreement, seeking as relief money damages and/or attorneys’ fees or other damages (“Covered Claims”) will be submitted for arbitration to the American Arbitration Association (AAA). SCH shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction.
The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. You and SCH waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. You and SCH waive any right to a jury trial for such disputes. The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in the Agreement, as a court would.
In reaching his or her decision, the arbitrator shall follow this Agreement and Materials, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitrator may not (1) without the consent of all parties, combine more than one individual’s claim or claims into a single case, (2) participate in or facilitate notification to others of potential claims, or (3) arbitrate or preside over any form of a class, mass, collective, or representative proceeding. The arbitrator shall include in his or her award any relief he or she deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.
If a party violates this arbitration agreement by commencing an action asserting a Covered Claim in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of these Terms, including the Agreement, this arbitration agreement, and the Waiver of Class, Mass, Collective, and Representative Claims. However, if a party complies with this arbitration agreement and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of these Terms for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of the Terms, including the Agreement, this arbitration agreement, and the Waiver of Class, Mass, Collective, and Representative Claims.
Confidential. Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.
Limitations Period. Any and all Covered Claims shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred. This Limitations Period section does not apply to residents of New Jersey, and is not applicable where local law prohibits it.
Waiver of Class, Mass, Collective, and Representative Claims. To the extent permitted by law, you agree that you will not file a class action against an IHG company, participate in a class action against an IHG company, file or seek a class, mass, collective, or representative arbitration against an IHG company, or participate in such an arbitration against an IHG company, for any Covered Claims. To the extent permitted by law, you agree that all such claims may only be brought in your individual capacity, and not on behalf of other individuals.
Miscellaneous Provisions. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of IHG in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. If the Waiver of Class, Mass, Collective, and Representative Claims is found to be unenforceable, then any claim brought on a class, mass, collective, or representative action basis must be filed in a court of competent jurisdiction, and such court shall be the exclusive forum for such claims. Headings are for convenience only and not for use in interpretation of this Agreement.
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