TERMS & CONDITIONS

 

ABOUT OUR TERMS AND CONDITIONS


‍We are happy to welcome you as an authorized user of the Braver Hospitality Services (as defined below). Braver Hospitality provides exclusive, invitation-only, luxury lifestyle management services through memberships and authorized users serve to effectuate parts of those services.

Braver Hospitality is brought to you by Braver Hospitality LLC (referred to in these Terms as "we", "us", "our", and "Braver Hospitality"), a limited liability company incorporated in Delaware.

These Terms & Conditions and Privacy Policy (which you can view here) (collectively, the "Terms") govern your access to, and use of, the Braver mobile application (our "App") and braverhospitality.com (together with our website and our App, the "Services"), and any other features or content (including any information, text, graphics, photos, comments, reviews, links, or other materials uploaded, downloaded or appearing on, or linked to the Services) offered from time to time by Braver Hospitality in connection with the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. If you do not agree to these Terms, please refrain from using our Services.

Your attention is drawn in particular to the disclaimers and limitations of liability in Sections 9 and 10 below.

Our Services include Content, links, and goods and services provided by third parties. Please note that Braver Hospitality is not responsible for the offerings of third parties. Please read sections 6, 7 and 8 below carefully.

 

  1. GENERAL TERMS

 

1.1  About the Services

Our authorized users are integral to the Services we provide, which include recommending and procuring bookings for restaurants, travel, lodging, events and sourcing retail items and bespoke experiences.

You are solely responsible for your use of the Services.  You may only use the Services if you are at least 18 years of age. We do not knowingly market our Services to children. You may only create an authorized user profile with Braver Hospitality if you are legally capable of forming a binding contract with Braver Hospitality and are able to abide by and comply with these Terms. You may only use the Services in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services are designed for access only by authorized users and members and your account is not permitted to be shared. If the need arises, we may suspend your access to our Services, or cease providing services through the Services indefinitely (which may be without notice to you, although we will do what we reasonably can to notify you in advance, where we can reasonably do so).

1.2  Links to third party websites and linking to our Services

Braver Hospitality is not responsible for any content or other information provided by any third party.

Our App must not be framed, “mirrored” or otherwise incorporated into or on any other site, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice to you.

 

2. ACCOUNT REGISTRATION AND VERIFICATION

 

2.1 Registering with the Service

In order to register, you are required to provide your name, email address, mobile telephone number, birthdate, gender, location, and a password.  We may also vet authorized users to ensure they are both eligible to provide services and suitable for the Braver Hospitality community.
 

All personal details you give to us through the Services will be collected and processed in accordance with our Privacy Policy.

You confirm that all registration information and other personal details provided to Braver Hospitality are, and will be, true and accurate.

2.2 Keeping your account information confidential

‍You are solely responsible for keeping your registration and other personal details (including, without limitation, your email and password) for your account confidential. You are responsible for maintaining the confidentiality of your password and agree to notify us immediately if you suspect that any third party has used your account or had access to your password. You are responsible for any and all use of your account. We strongly recommend that you use a secure password which contains a minimum of 8 characters, including upper- and lower-case letters, numbers and symbols.

You agree that you will not disclose your password to any other person or allow any other person to use your account, and you agree not to use the account, display name, email address or password of another authorized user or a member at any time.

 

3. YOUR RIGHTS WITH RESPECT TO THE APP

 

Braver Hospitality hereby grants you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive license to use the Services (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to these Terms and your compliance therewith. This license is for the sole purpose of enabling you to use the Services as provided by Braver Hospitality to effectuate transactions and provide services authorized by us, in the manner permitted by these Terms.

The rights in the Services are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, or make a derivative work from the Services.

Access to the Services is permitted on a temporary basis, and we reserve the right to modify, restrict access to, withdraw or amend all or parts of the Services without notice (although, where possible, we will endeavor to give you prior notice). We will not be liable if for any reason the Services are unavailable at any time or for any period for reasons beyond our control.

Braver Hospitality retains the right to set reasonable limits on use and storage from time to time. We will try to give you notice of this wherever possible.

 

 

4. BRAVER HOSPITALITY’S RIGHTS

 

4.1 Our rights in the Content and Services

‍All rights (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Services and the Content including but not limited to all information, data, text, maps, graphics, the “look and feel”, logos, icons, trademarks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of Braver Hospitality and its licensors. The Services are protected by copyright, trademark, and other laws and treaties around the world. All such rights in the Services, Content (excluding Content provided by members of the Services) and related material are reserved.

Nothing in the Terms gives you a right to commercially use the Braver Hospitality or Braver names or any of the Braver Hospitality trademarks, logos, domain names, or other distinctive brand features. Other logos and product and company names mentioned in these Terms may be the trademarks of their respective owners.

4.2 Prohibition on copying

You must not copy any part of the Content with a view to creating or compiling any form of collection, compilation, directory or database unless we provide you with our prior express written consent to do so.

If you copy or download any part of the Services or Content in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, promptly return or destroy any copies of the materials you have made and certify compliance.

You may print a one-off copy, and may download extracts, of any page(s) from our Services for your reference solely in connection with providing services to us. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

5. RESTRICTIONS ON CONTENT AND USE OF THE SERVICES

 

You agree that you will not use the Services:

a)     in any way that violates any local, national or other laws or regulations (including applicable data privacy, export and re-export control laws and regulations) or any order of a court in any relevant jurisdiction;
b)     to sell any of your business’ goods or services unless with our prior written consent;
c)     in any way that infringes the rights of any person or entity, including but not limited to their copyright, trademark or other intellectual property rights, or other privacy or contractual rights;
d)     to distribute advertisements of any kind (other than with our prior written consent) or otherwise communicate any false or misleading material or messages of any kind;
e)     in any way that intentionally or unintentionally harasses, annoys, threatens or intimidates any other member;
f)      in any way that promotes or incites, whether intentionally or unintentionally, racism, bigotry, hatred or physical harm of any kind;
g)     in any way that is abusive, defamatory, inaccurate, obscene, offensive, fraudulent, objectionable or sexually explicit;
h)     to solicit, provide or promote illegal or unlawful activities or in any way which may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm, distress or inconvenience to any person;
i)      to access, tamper with, cause damage to, or use non-public areas of the Services, Braver Hospitality’s computer systems, servers or equipment or the technical delivery systems of Braver Hospitality’s providers;
j)      to access or attempt to access any data of members of the Services (for whatever purpose other than solely as required to provide services to us) or to penetrate any of the security measures relating to the Services, or to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
k)     in any way that intentionally or unintentionally deceives, defrauds or swindles any other member;
l)      to introduce any malware, virus or other harmful software program that intentionally or unintentionally damages or interferes with the operation of the Services, including but not limited to cancel bots, denial of service attacks, time-bombs, worms, Trojan horses, viruses or any other maleficent software or hardware;
m)   interfere with, or disrupt, (or attempt to do so), the access of any member, host or network including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Services, or by misusing the Services so as to interfere with or create an undue burden on the Services;
n)     to copy, modify, transmit, display, perform, create derivative works from, re-sell or distribute any Content, information, software, products or services obtained through the Services;
o)     for any commercial purposes (except with our prior written consent in connection with your authorized supplier status, or as specifically permitted by these Terms);
p)     to bypass measures used to prevent or restrict access to the Services;
q)     to gain unauthorized access to the Services, the server on which the Services is stored or any server, computer or database connected to the Services;
r)      to forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
s)     to scrape, deep-link, crawl or spider or otherwise use the Services for phishing, spamming, trolling or any unauthorized commercial purpose (except as specifically permitted by these Terms);
t)      to promote or support or solicit involvement in any political platform or cause, religion (recognized as organized or unorganized), cult or sect of any kind; or
u)     for any other purpose that is not permitted by these Terms (cumulatively, "Unauthorized Purpose").
 

While we will do what we can to protect the security of your personal Content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You shall promptly notify Braver Hospitality of any actual or suspected unauthorized third party access to your account by emailing info@braverhospitality.com.You shall co-operate with, and assist, us in any action or proceedings by us to prevent or otherwise deal with any unauthorized receipt, access or use of your account by any third party. We may suspend or stop providing access to the Services to you if you do not comply with our Terms or policies or if we are investigating suspected misconduct.

 

6. DISCLAIMERS

 

This section of the terms is important and you should read it carefully.

Except as expressly provided in these Terms, Braver Hospitality and its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim, to the maximum extent permitted by law, all warranties, representations, guarantees and conditions in respect of the Services provided, whether express or implied.

We are not liable to you for any inability to access the Services at any time, for any reason beyond our control (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).

We are not liable for the actions or omissions of any third parties (including any third party to whom we may have introduced you). 


Some Content provided to users of the Services is done so via third parties and we are not liable for any inaccuracies or omissions contained therein.

 

7. LIMITATION OF LIABILITY

 

This section of the terms is important and you should read it carefully.

To the maximum extent permitted by applicable law, Braver Hospitality and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any:

a)     loss to you which was not a reasonably foreseeable consequence of our breaching these Terms or otherwise failing to use reasonable skill and care in our provision of the Services;

b)     loss to you which was caused by the actions or omissions of any third party (including any third party to whom we may have introduced you);

c)     damage to your property (including data and digital devices), unless such damage is caused by our failing to provide the Services with reasonable skill and care. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place any minimum system requirements advised by us; or

d)     business losses, including:

(i)     loss of profits, sales or contracts;

(ii)    loss of income or revenue;

(iii)   loss of business opportunity or goodwill or reputation; or

(iv)   wasted management or office time. 

 

We provide the Services for only private use and access by authorized users to effectuate services. Any commercial use of the Services by you requires our prior written consent and our liability for such commercial use falls outside of the scope of these Terms.

 

Nothing in these terms shall exclude our liability for personal injury or death caused by our gross negligence or fraudulent misrepresentation or any other liability which cannot be excluded or limited under law.

 

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

 

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our control.

 

8. YOUR LIABILITY

 

This section of the terms is important and you should read it carefully.

You shall indemnify us and keep us fully indemnified on demand from and against all claims (including first party claims), liabilities, costs, expenses, damages and losses, legal costs (calculated on a full indemnity basis) and all other reasonable professional costs (including costs of defense of claims, suits or proceedings) and expenses suffered or incurred by us arising out of or in connection with your unauthorized use of the Services, the Content, your actions, inactions, omissions, negligence, willful misconduct, fraud, breach of these Terms and/or as a result of your violation of these Terms and/or as a result of your violation of any applicable laws or regulations.

 

9. TERMINATION

 

9.1 Termination by Braver Hospitality
We reserve the unconditional right to suspend, withdraw, terminate, amend or restrict access to some parts of the Services, or to the Services entirely, to you at any time immediately without notice for any reason, and without liability to you, including (without limitation) in circumstances where:
a)     we have reasonable grounds to suspect unauthorized or fraudulent use of the Services;
b)     we reasonably suspect that you have not complied with these Terms;
c)     a user or member you have recommended to us, or connected us to, is found to have committed a criminal offence or has otherwise used the Services for any Unauthorized Purpose; or
d)     we reasonably suspect a breach of confidentiality or infringement of our intellectual property rights by you or a third party.

9.2 Termination by you
‍You may terminate your access to the App immediately if:
a)     we have told you about an upcoming material change to the Services or these Terms (including, without limitation, via our App) and you notify us in writing that you do not agree with such change prior to such change coming into effect; or
b)     we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 months.

On termination of these Terms (for whatever reason) all licenses and rights granted to you in relation to the Services shall immediately come to an end.

If we terminate these Terms on any of the grounds listed at section 9.1 above you will not be entitled to future use of the App and you may not benefit from the Services in any way.

 

10. DATA PRIVACY

 

Please refer to our privacy policy for information on how we protect your data.

 

11. GOVERNING LAW AND JURISDICTION AND DISPUTES

 

The state and federal courts located in New York County, New York will have exclusive jurisdiction over any claim arising from, or related to, a visit to or your use of the Services. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of New York. You agree that The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms. Service of process, summons, notice or other document by mail or email to your address set forth herein shall be effective service of process by us for any suit, action or other proceeding brought in any such court.

 

12. MISCELLANEOUS TERMS

 

These Terms are the entire and exclusive agreement between Braver Hospitality and you regarding your use of the Services (excluding any separate agreement with Braver Hospitality that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Braver Hospitality and you regarding your use of the Services.

You acknowledge that you have not, in agreeing to these Terms, relied on any representation, warranty or undertaking not expressly incorporated in them.

The failure of, or delay by, Braver Hospitality to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

If any provision of these Terms is found by a proper authority of competent jurisdiction to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

The access to the Services is licensed personally to you solely for your provision of services to us and you may not assign, license, sub-license or transfer any right or obligation of these Terms to any third party without our prior written consent.

We may transfer any of our rights or obligations under these Terms to any third party but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honor your rights under them.

Nothing in these Terms shall be deemed to constitute a partnership between the parties nor constitute either party the agent or employee of the other for any purpose.

We may revise these Terms from time to time. The most current version will always be available via our Website. We will also notify you of any changes to these Terms via an e-mail to the email associated with your account. By continuing to access the Services after any such revisions become effective, you agree to be bound by the revised Terms.

The Services are operated and provided by Braver Hospitality LLC. If you have any questions about these Terms or the App, please contact us using our Contact page or at info@braverhospitality.com.