Benny Platform Terms of Service

Welcome

 

Welcome to the Benny website and mobile application owned and operated by One Night, Inc. (“One Night”). The Benny website and mobile application are collectively referred to as the “Benny Platform” in these Terms of Service (the “Terms”). 

 

The Benny Platform offers a curated directory of hotels, hostels, and other lodging from which Benny Platform members can browse reviews and book rooms through an agent, at a lower rate than you could obtain directly from the lodging providers. We make the Benny Platform services available to you subject to your agreement to these Terms, and any supplemental terms that we present to you when you create an account specific to your role in the Benny Platform -- guest, agent, or lodging provider (a “Supplement”). You will be given an opportunity to review the applicable Supplement prior to creating a Benny Platform account for the features you wish to access as a guest, agent, or lodging provider. These Terms and the applicable Supplement(s) (including any documents or policies referenced in these Terms and Supplements) are collectively referred to as the “Agreement.” All terms not defined in this paragraph or your Supplement have the meanings set forth in Section 14 (Definitions) below. In this Agreement, the words “include” and “including” will not be construed as terms of limitation.

 

The Agreement is a legally binding contract between you and One Night, Inc. To access the Benny Platform, you must be able to enter into a legally binding contract, and represent that you are at least 18 years old or, if a business, duly organized and legally in good standing. 

 

Our collection and use of personal information in connection with your access to and use of the Benny Platform and Services, whether or not you are a registered User, is described in our Privacy Policy.

 

Table of Contents 

 

1. TRANSLATION AND UPDATES TO THE AGREEMENT

 

We may translate this Agreement into other languages for your convenience. Nevertheless, the English version governs your relationship with us, and any inconsistencies among the different versions will be resolved in favor of the English version available here. We may also update the Agreement from time to time. If we materially update any portion of the Agreement, we will notify you, at the email address provided in your Account profile, or other reasonable means (for example, by posting a revised Agreement through the Benny mobile app or a notice on our website) before the date the update becomes effective. We will also post the updated Agreement in its original location marked with the new date. Changes will not be retroactive. If you object to any changes, you may terminate this Agreement by closing your Account. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms. Rejecting an updated Agreement will not affect any dispute between you and us arising prior to the date on which we posted the updated Agreement.

 

2. SERVICES

 

A. Your right to use the Services

We grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use the Benny Platform and to access and view the Content on the Benny Platform for the sole purpose of participating in the Services, subject to your Agreement and any conditions or requirements for certain areas or features of the Benny Platform, for example, an Agent application process if you wish to submit Reviews on the Benny Platform. If there is a conflict between these Terms, the applicable Supplement, and the terms and conditions for a specific area or feature of the Benny Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless otherwise specified in the latter terms and conditions. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason. 

 

B. Your Services Account

You must register an Account if you wish to access and use the Benny Platform as a Guest, Agent, or Hotel. If you are registering an Account for a business, organization or other legal entity, (a) you represent and warrant that you have the authority to legally bind that entity and to grant us all permissions and licenses provided in this Agreement; and (b) the words “you” and “your” used in this Agreement mean the entity registering the account. The individual acting on behalf of the entity is a “Business Representative.” You may only register for one Account (unless you are a Hotel creating Accounts for different Locations pursuant to the terms of a Hotel (with Locations) Agreement), but if you are accepted as an Agent you can use your account to perform activities as an Agent (subject to agreement to the Agent Supplement presented to you when you are accepted as an Agent) or to book lodging as a Guest (subject to your agreement to the Guest Supplement). Business Representatives must register for their own Account if they wish to use the Benny Platform as an independent Agent or Guest.  

 

Your Account is personal to you. You agree to: (i) not share your Account or transfer any part of it to anyone else; (ii) provide accurate, current and complete information during the registration process and keep your Account up-to-date; and (iii) keep your password secure and confidential. You agree to notify us immediately of any unauthorized use of your Account and are responsible for anything that happens through your Account prior to closing it or reporting misuse to us. 

 

You may control your Account profile and how you interact with the Services by changing the settings in your “My Profile” page. You consent to our using the email address you provide in your Account to send you Services-related notices, including any notices required by law, in lieu of communication by other means such as postal mail. We may also use your email address to send you other messages, such as changes to Services features, special offers, or Services-related newsletters. If you do not want to receive such email messages, you may unsubscribe as directed in the applicable communication. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. 

 

C. Reviews by Agents

Agents are accepted by One Night to review accommodations offered by Hotels on the Benny Platform. While One Night does not compensate or otherwise reward an Agent for completing a Review, we provide Agents with a commission when a Guest stays with a Hotel based on a booking through that Agent’s Review of the Hotel. Reviews reflect the Agent’s independent opinion of the quality and other features of a Hotel, based on the Agent’s knowledge of the Hotel, and do not in any way constitute our endorsement. We use commercially reasonable efforts to monitor and remove Reviews that violate these Terms, but disclaim any representation, warranty or undertaking in relation to the truthfulness, accuracy or reliability of Reviews, or the quality, status or adequacy of any accommodation profiled in a Review. 

 

D. Bookings

Guests may book accommodations at a discounted rate using the Benny Platform. By making a reservation on the Benny Platform, a Guest enters into a direct and legally binding contractual relationship with the Hotel offering the booking. One Night acts solely as an intermediary between the Guest, the Agent, and the Hotel, transmitting the relevant details of the Guest reservation to the Hotel through the Benny Platform, facilitating payment related to the reservation through our third party payment providers, and sending a confirmation email to the Guest. One Night does not (re)sell, rent out, or offer any accommodations. In the event of an issue with a payment between a Guest and a Hotel, as between the Guest, the Agent, and the Hotel, the Hotel is solely responsible and the first point of contact.   

 

E. SMS/Text Messaging

We may offer you the chance to enroll to receive recurring SMS/text messages, such as messages asking what you need help with or regarding your next Hotel booking (the “Text Messaging Program”). By consenting to the Text Messaging Program, you agree to receive SMS/text messages to your mobile phone number provided. You certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system and that standard message and data rates apply. The Text Messaging Program may not be available on all carriers or compatible with all mobile phone models. We are not responsible for any delays upon sending or receiving text messages and can change the Text Messaging Program at any time. To unsubscribe from text messages at any time, text STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any text message you receive through the Text Messaging Program. You consent that following such a request to unsubscribe, you may receive one final text message confirming your request. You can also unsubscribe (or, after unsubscribing, resubscribe), or obtain help by emailing us at support@itsbenny.com. Please keep in mind that if you opt-out of receiving text message alerts, we may not be able to contact you with important messages regarding the Benny Platform or related services. However, if there is an emergency or Account question, we will make every attempt to contact you in other ways, such as by email. 

 

F. Services availability

Due to the nature of the Internet, we cannot guarantee the continuous and uninterrupted availability of any portion of the Benny Platform or Services and are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control. We may temporarily restrict the availability of the Benny Platform or Services or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Benny Platform. We may enhance and modify the Benny Platform and introduce new Services from time to time but will provide notice to Users unless such changes are of minor nature with no material effect on our contractual obligations. 

 

G. Mobile application 

We grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to download and use the Benny App, as available, on your personal mobile device(s), solely for your personal and non-commercial use. To use the Benny App to access the Services, you must have a mobile device that is compatible with the Benny App. We do not warrant that the Benny App will be compatible with your mobile device. You may use mobile data in connection with the Benny App and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. You acknowledge that we may from time to time issue upgraded versions of the Benny App and may automatically electronically upgrade the version of the Benny App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms will apply to all such upgrades.  If you access or download the Benny App from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Benny Platform may implement mapping functionality, such as Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth, if applicable, is subject to the Google Maps/Google Earth Additional Terms of Service. 

 

H. Accessibility

We are committed to providing a website that is accessible and navigable to all consumers. We actively work to assess and increase the accessibility and usability of our website, using available standards and guidelines to assist in our efforts. We use the guidelines of the Web Accessibility Initiative as a model. Those guidelines detail how to make web content more accessible to individuals with disabilities. We regularly review our site in comparison to these guidelines using recognized accessibility evaluation tools.  While we strive to adhere to the accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of the website at all times. Should you experience any difficulty in viewing, navigating or accessing areas of the site, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please contact us at: support@itsbenny.com.

 

I. Promotions

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Benny Platform and Services may be governed by rules that are separate from this Agreement.  If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.  If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

 

3. USE OF AND RESPONSIBILITY FOR CONTENT

 

A. Your responsibility for your Content

By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any User Content that you share through or in connection with the Benny Platform (“your Content”). Once posted to the Benny Platform, Content cannot always be withdrawn; provided, however, that any personal information you submit is subject to your rights of deletion in our Privacy Policy, as may be applicable depending on your state or country of residence. You assume all risks associated with your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose, and you represent and warrant that you own or have the necessary permissions to use, and authorize the use of, your Content as described herein. 

 

B. Our right to use your Content

By providing your Content to or through the Services, except as may be otherwise stated in the applicable Guest, Agent, or Hotel Supplement, you grant to One Night and our affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to use your Content, for any purpose, and to sublicense this right to others to do the same, including on other websites and media platforms, with or without attribution and without notice to you. Insofar as the Content submitted includes personal information, such personal information will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Except as may be set forth in a Supplement, we do not guarantee any confidentiality with respect to any of your Content you provide to the Services. You also understand and agree that we may display advertisements, paid content, and other information nearby or in association with your Content (with no compensation to you); provided, however, that we will not include your Content in advertisements or paid content for the products and services of third parties without your consent. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove all or part, analyze, commercialize, and prepare derivative works of your Content. While we may edit and make format changes to your Content (such as modifying the size, layout or file type or removing metadata), or translate your Content to assist Users who speak different languages, our intent is not to modify the meaning of your expression. However, we cannot guarantee the accuracy or quality of translations, and you are responsible for reviewing and verifying the accuracy of your translated Content. 

 

C. Our responsibilities with respect to User Content 

One Night acts as a passive conduit for User Content and has no obligation to screen or monitor User Content.  Hotel pricing, availability, policies, and other relevant information is provided to us by Hotels for display on the Benny Platform. Reviews are provided by Agents at their discretion, using the information provided by Hotels. We cannot verify or guarantee that all information provided through Agents or Hotels is accurate, truthful or correct, and have no obligation to monitor Reviews. One Night is not responsible or liable for failure to store posted Content or other materials you transmit through the Services, except to the extent required by Applicable Law and as noted in our Privacy Policy.  We recommend that you take measures to preserve copies of any Content you post through the Services.

 

One Night has no obligation to display User Content, and the absolute right to remove or disable access to any Content on the Benny Platform as needed, including (a) to operate, secure and improve the Benny Platform and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (b) to ensure Users’ compliance with these Terms (or any One Night policy), Applicable Law, or an order or requirement of a court, law enforcement or other administrative agency or governmental body; (c) to respond to Content that we determine is harmful or objectionable; or (d) as otherwise set forth in your Agreement. If we become aware of any User Content that allegedly violates these Terms, we may investigate the allegation and determine in our sole discretion whether to act but have no liability or responsibility to you to do so. You agree to cooperate with us in good faith, as we may reasonably request, in any investigation we choose to undertake. 

 

D. Third Party Content

We do not control or endorse Third Party Content. Your dealings with or participation with providers of Third Party Content on the Benny Platform, for example with advertisers found on the Services, are solely between you and the applicable third parties. You agree that we are not responsible for any loss or damage of any sort relating to your dealings with Third Party Content. If you access a third party website or service from the Services or share your Content on or through any third party website or service, you do so at your own risk, and you understand that your Agreement and our Privacy Policy do not apply to your use of such sites.

 

E. Infringing Content

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials available through the Services infringe your copyright, you (or your agent) may send us a written notice by mail or e-mail, requesting that we remove such material or block access to it.  If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send One Night a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  See http://www.copyright.gov/ for details.  Notices and counter-notices must be sent in writing to the Company’s DMCA Agent as follows:  By mail to One Night, Inc., 45 Main Street, Suite 612, Brooklyn, New York, 11201; or by e-mail to legal@itsbenny.com.  Once this procedure has been followed, we will respond to valid and properly substantiated complaints by making all reasonable efforts to remove manifestly illegal content within a reasonable time. We may also at its sole discretion limit access to the Services and/or terminate the accounts of Users who infringe any intellectual property rights of others.

 

4. ACCEPTABLE USE OF THE BENNY PLATFORM AND SERVICES

 

Your permission to use the Services is contingent on your compliance with all Applicable Law, in addition to the following rules:

 

A. Prohibited Content. 

You will not post, upload, publish, submit or transmit any Content that: (a) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive (including by implying our endorsement of the specific Content); (b) is defamatory, libelous, harassing, abusive, obscene, sexually explicit, pornographic, vulgar or offensive; (c) promotes discrimination, bigotry, racism, hatred, harassment or harm against, or is inappropriate towards any individual or group; (d) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (e) promotes illegal or harmful activities or substances; (f) you do not have the permission from the Content owner or individuals appearing in the Content to post, free of charge; (g) contains the private or confidential information of any third party, including, without limitation, personal information such as addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (h) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (i) may constitute or contribute to a crime or tort; (j) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (k) creates a risk of any other loss or damage to any person or property; or (l) violates any other One Night policy.

 

B. Unauthorized use of or access to Content 

For all Content other than your Content, and except as expressly permitted in this Agreement, you agree not to (a) modify, copy, distribute, display, perform, download, sell, re-sell, collect data from or otherwise interact with or access (e.g., via deep-linking or framing) any Content available through the Services; or (b) access any Content available through the Services through any technology or means other than those authorized by us on the Benny Platform, such as by robot, spider, scraper or other automated means or manual process, for any purpose not authorized in the Agreement, for example, to construct or populate a searchable database of Reviews. 

 

C. Harm to our systems and security

You agree not to (a) attempt to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Benny Platform, or otherwise cause harm to the Benny Platform; such as attempting to mine information about Users; (b) attempt to gain unauthorized access to Accounts; (c) remove, circumvent, disable, damage or otherwise interfere with security or other preventive features of the Benny Platform; (d) use the Services or any Content on the Services to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature; (e) take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (f) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Benny Platform; (g) export, re-export, import, or transfer any part of the Benny Platform except as authorized by United States law, the export control laws of your jurisdiction, and any other Applicable Laws; or (h) take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Benny Platform and Services.

 

D. Harm to our reputation or rights

You agree not to (a) remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services, or on any materials printed or copied from the Services; (b) dilute, tarnish or otherwise harm our brand in any way, including through unauthorized use of Benny Content, registering and/or using One Night, Benny or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to One Night domains, trademarks, taglines, promotional campaigns or Benny Content; (c) contact another User through the Services or unsolicited outside of the Services for any purpose other than to transact a Guest booking with a Hotel made through the Benny Platform, e.g., to recruit or otherwise solicit a User to join third-party services, applications or websites, without One Night’s prior written approval; or (d) use the Benny Platform or Services for any non-authorized commercial purpose, for example, to resell accommodations, negotiate rates other than those listed in Hotels profiles or Reviews, make or accept a booking independent of the Benny Platform in order to circumvent Services fees, or use the Services to transmit spam or other unsolicited email, either directly through the Services or to Users through communication channels outside of the Services.

 

E. Harm to others

You agree not to partake in any activity that, in our sole judgment, restricts or inhibits any other person from using or enjoying any aspect of the Services or exposes or may expose any Users or visitors to the Benny Platform to any harm or liability of any sort, including by (a) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, or disguising the origin of any posting that you submit; (b) compensating someone to refrain from posting or to remove a Review; (c) threatening, stalking, harming, or harassing others, or promoting bigotry or discrimination; (d) discriminating against or harassing anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; (e) engaging in any violent, harmful, abusive or disruptive behavior; or (f) violating or infringing anyone else’s rights.

 

If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior; (ii) you suspect of stealing from you; or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

 

5. YOUR PRIVACY


We care about your privacy. You understand that by using the Benny Platform and Services you consent to the collection, use and disclosure of your personal information and aggregate and/or anonymized data as set forth in our Privacy Policy

 

6. OWNERSHIP

 

A. Intellectual Property Rights

Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you have in your Content, except that you irrevocably waive, and cause to be waived, against One Night, our affiliates and Users, any claims and assertions of moral rights or attribution with respect to your Content. As between you and One Night, we (or our licensors) own the Benny Content and the Benny Platform, and the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with One Night, the Benny Content, Benny Platform and the Services (with the exception of your Content), which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. Except as expressly provided in these Terms or in the applicable Supplement, we do not grant you any express or implied rights in the Services or Benny Content. 

 

B. Suggestions and feedback

We welcome and encourage suggestions for improvements and other feedback related to the Benny Platform. You may submit feedback by emailing us at support@itsbenny.com or by other means of communication. Any feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting feedback to us, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the feedback, and you irrevocably waive, and cause to be waived, against us or our users any claims and assertions of any moral rights contained in such feedback.

 

7. INDEMNITY

 

To the maximum extent permitted under Applicable Law, you agree to indemnify and hold One Night and our employees, agents, affiliates, assigns and licensees harmless from any and all claims, actions, demands, damages, liabilities, regulatory proceedings, costs (including settlement costs), and expenses (including reasonable outside attorneys' fees and costs) arising from or in connection with (a) your breach of this Agreement; (b) your violation of any Applicable Law or rights of a third party; (c) your interaction with any other User or related services or products (for example, your stay with a Hotel or your interaction with a Guest); (d) your access to or use of the Services; (e) your failure as an Agent or Hotel to provide correct information about Hotel accommodations (room rates, Taxes, fees or other details about the Hotel) or (f) any other party’s access and use of the Benny Platform and Services with your unique username, password or other appropriate security code. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

8. DISCLAIMERS AND LIMITATIONS OF LIABILITY  

 

PLEASE READ THIS SECTION CAREFULLY, AS THIS SECTION LIMITS OUR LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE BENNY PLATFORM AND THE SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE BENNY PLATFORM AND SERVICES. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. 

 

THE BENNY PLATFORM AND SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT ONE NIGHT MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE BENNY PLATFORM AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK. ONE NIGHT MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICES, THEIR SAFETY OR SECURITY, YOUR INTERACTION WITH HOTELS, GUESTS OR AGENTS, OR THE CONTENT ON THE SERVICES. ACCORDINGLY, ONE NIGHT IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE BENNY PLATFORM’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE BENNY APP, SERVICES UNAVAILABILITY, SECURITY VULNERABILITIES, THE QUALITY, ACCURACY, OR RELIABILITY OF REVIEWS  OR ACCOMPANYING INFORMATION ABOUT HOTELS (SUCH AS PRICING OR ROOM AVAILABILITY), THIRD PARTY ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE HOTELS, AGENTS, GUESTS OR ADVERTISERS LISTED OR FEATURED ON THE SERVICES. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. HOTELS AND AGENTS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ONE NIGHT. ONE NIGHT HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING OR OTHER CAUSES BEYOND ITS DIRECT CONTROL. 

 

ONE NIGHT’S (INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES) MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE BENNY PLATFORM, SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO ONE NIGHT IN CONNECTION WITH THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. TO THE EXTENT PERMITTED UNDER LAW, ONE NIGHT SHALL NOT BE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE BENNY PLATFORM OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ONE NIGHT AND YOU. 

 

9. TERMINATION

 

Except as may be set forth in a Supplement, (a) If you wish to terminate your Agreement, you can do so at any time by closing your Account as directed in your “My Profile” page, and no longer accessing or using the Services; and (b) we may close your Account, suspend your ability to use certain portions of the Services, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Services, your Content, or any related information. When this Agreement has been terminated for your breach, you are not entitled to a restoration of your Account or any of your Content. If your access to or use of the Services has been limited or your Account has been suspended or this Agreement has been terminated by us for your breach, you may not register a new Account or access and use the Services through an Account of another User. Sections 3 (Use of and Responsibility for Content), 5 (Your Privacy), 6 (Ownership), 7 (Indemnity), 8 (Disclaimers and Limitations of Liability), 10 (Choice of Law and Venue), 11 (Compliance with Laws), 12 (General Terms), 13 (Information and Complaints) and this Section 9 (Termination) shall survive termination of the Agreement.

 

10. CHOICE OF LAW AND VENUE

 

This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to conflicts of law principles.  You agree to exclusive jurisdiction of the federal and state courts located in New York County, NY, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.  

 

11. COMPLIANCE WITH LAWS

 

One Night and you recognize that this Agreement is subject to, and intended to comply with, Applicable Law, and agree that the Services addressed in this Agreement do not exceed those which are reasonably necessary to accomplish the commercially reasonable business purposes of this Agreement. If you are participating in the Services as an Agent or Hotel, you alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to travel agents or lodging providers, as applicable, including laws, rules and regulations related to Taxes, and for identifying and obtaining any required licenses, permits, or registrations that you may require as a travel agent or lodging provider.

 

12. GENERAL TERMS

 

This Agreement contains the entire understanding between One Night and you relating to the subject matter herein and supersedes all prior oral or written agreements between us. One Night and you, respectively, bind ourselves, our successors, and permitted assigns to all the rights and obligations in this Agreement. You may not assign or transfer your rights and benefits under this Agreement without our prior written consent, but we may assign or transfer this Agreement without restriction. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, save that our corporate affiliates shall be deemed express third party beneficiaries of this Agreement. No waiver, amendment, modification or addition to this Agreement shall be valid unless in writing and signed by both you and us. In the event any provision of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision herein. This Agreement may be executed in two or more counterparts, all of which shall, in the aggregate, be considered one and the same instrument.  PDF copies of such signed counterparts may be used in lieu of the originals for any purpose. To the extent allowed by Applicable Law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

 

13. INFORMATION OR COMPLAINTS

 

If you have a question or complaint regarding the Benny Platform, please send an e-mail to support@itsbenny.com. You may also contact us at by phone or mail at the contact information on the Benny Platform. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. 

While we may help facilitate the resolution of disputes with Hotels, you must make any claim or complaint against a Hotel directly with the Hotel. If your claim or complaint is against One Night or an Agent, and not specifically regarding your Hotel booking or stay, you must submit the claim or complaint to us promptly, but in any event within thirty (30) days after the check-out date included in your booking confirmation email. Any claim or complaint that is submitted after the thirty (30) days period may be rejected. Due to the continuous update and adjustments of rates and availability, we strongly suggest that you make screenshots when making a reservation to support your position (if needed).

 

14. DEFINITIONS

 

Account” means an account you must register with us on the Benny Platform prior to accessing the Services. 

 

Agent” means an individual or company accepted by One Night to review Hotels and accommodations for Guests through the Benny Platform.

 

Applicable Law” means all applicable local, state, federal, and international laws, rules, and regulations. 

 

Benny App” means the Benny mobile application for accessing the Services. 

 

Benny Content” means Content created by or on behalf of One Night in connection with the Services, including visual interfaces, interactive features, design and compilation of Services Content, software, User analytics, booking data, and all other elements and components of the Services, excluding User Content and Third Party Content. 

 

Benny Platform” means the Benny App and the Benny consumer website directed to users in the United States of America (www.itsbenny.com) and related domains, including those directed to users outside the United States of America, through which the Services are made available.

 

Content” means any information (including personal information), text, links, graphics, photos, audio, videos, and all other forms of data or communication that you can view on, access or otherwise interact with through the Services.  

 

Guest” means an individual or entity registered with the Benny Platform to access Reviews, book accommodations with Hotels, and take part in any other Services offered to Guests from time to time. 

 

"Hotel" means a professional provider of accommodations available for booking on the Benny Platform, who has agreed to these Terms of Service and the Hotel Supplement (also called a Hotel Agreement).

 

Review” means a review of a Hotel written by an Agent, through which a Guest can book accommodations at a Hotel at a discounted rate.

 

Services” “means the services provided by One Night through the Benny Platform, including marketing and promoting Hotels, facilitating Hotel bookings and hosting and displaying Reviews. 

 

Taxes” means any VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes.

 

Third Party Content” means Content that originates from parties other than One Night or Users, which is made available in connection with the Services. Third Party Content includes any links to such Content provided through the Services. 

 

User,” “you, and “your” refer to an individual, business, organization or other legal entity who accesses or uses the Services as a Guest, Agent, or Hotel through a registered Account.

 

User Content” means Content that Users submit or transmit to, through, or in connection with the Services. 

 

We,” “us,” “our” and “One Night” refer to One Night, Inc.


 

QUESTIONS/HELP

If you have any questions about this Agreement, please email us at support@itsbenny.com.