Terms & Conditions
Last updated March 1, 2017
BY ACCESSING OR USING THE Day Pass LLC - daypassapp.com - DayPass APPLICATIONS OR ANY SERVICES PROVIDED BY US, YOU (THE USER) AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE WEBSITE, APPLICATION OR ANY SERVICES PROVIDED BY US.
These terms of service (these “Terms and Conditions”) apply to your access and use of our mobile applications, websites, emails, text messages and social media accounts (collectively, the “Application”) provided by the company. (“DayPass"”, “we”, “our” or “us”) and any feature, content, tools and services accessible by means of the Application.
The Application and these services are referred to as the “Service.”
These Terms do not alter in any way the terms or conditions of any other agreement you may have with DayPass for the Service (or any part thereof). If you are using the Service on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on the entity’s behalf, and that the entity agrees to be responsible to Day Pass LLC if you violate these Terms.
Your use of the Service is conditioned upon the version of these Terms in force at the time of your use. We reserve the right to change these Terms at any time and you waive any right you may have to receive specific notice of such changes or modifications.
If you have any questions, please contact us.
DEVICE USAGE TERMS AND CONDITIONS
You acknowledge and agree that your use of the Service must also be in accordance with the usage rules established by your mobile device platform or service provider.
REGISTRATION DATA ELIGIBILITY
To access certain areas and features of the Service, you may be required to register with the Service.
If you register, you will
- (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service (the “Registration Data“);
- (ii) maintain and promptly update the Registration Data, and any other information you provide to DayPass LLC, in order to keep it accurate, current and complete; and
- (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to the Service.
You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.
You may not use the Service if you are under 18 years of age (or the age of majority in your jurisdiction).
GRANT AND RESTRICTIONS
Subject to the terms, conditions and limitations set forth in these Terms, the Service grants you a non-exclusive, non-transferable and revocable license to use the Application on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by the Service that replace and/or supplement the original Application, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.
- (i) respect internal rules, policies and restrictions of the DayPass location
- (ii) have the capacity to be legally contracting and responsible
- (iii) be of 18+ of age or have legal majority in your country of residence
You will not do, and will not authorize or permit any third party to do, any of the following:
- (i) distribute or make the Application available over a network where it could be used by multiple devices at the same time;
- (ii) rent, lease, lend, sell, redistribute or sub-license the Application;
- (iii) copy, de-compile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Application, any updates or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law) or
- (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Application. If you violate any of the foregoing restrictions, your right to use of the Application will immediately cease, and you will have infringed the copyright and other rights of the Service, which may subject you to prosecution and damages.
- The Service reserves all rights not expressly granted to you in these Terms.
CONSENT TO USE OF DATA AND MOBILE COMMUNICATIONS
In exchange for DayPass providing you with access to the Service, you consent to the Service collecting and using technical data, personal information and related information in connection with your use of the Service, including, but not limited to, contact information and technical information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Service and of software updates, product support and other services.
You also consent to our communicating with you about the Service.
COMPATIBILITY WITH MOBILE DEVICES
DayPass does not warrant that the Service will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.
The Service requires and uses phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply, and you are responsible for all of these charges.
DayPass service attempts to be as accurate as possible. If you have reason to believe that a day pass you booked through the Service or other product or feature does not meet the claims advertised within the Service, you must contact DayPass immediately (and in any case no later than (2) Two business days following the check-in date or feature request date).
Your failure to contact us within this period may affect our ability to investigate and resolve your claim.
DAY PASS RATE
DayPass makes no guarantee that the prices advertised through the Service represent
- (i) the lowest price for a day pass in every area on any particular day or
- (ii) the published price for a day pass on another website or publication not affiliated with DayPass in every area on any particular day.
BOOKING DAY PASSES THROUGH THE SERVICE
When you book a day pass using the Service, you are representing the following:
- (i) any credit information you supply is true and complete;
- (ii) charges incurred by you will be honored by your credit card company and
- (iii) you will pay the posted price for the day pass, even if you are unable to consummate your day pass. Posted day pass rates include applicable taxes. We will not issue Value Added Taxes (VAT) invoices for any purchases made through the Service. You are responsible for paying the Location directly for any day pass upgrades or other incidental charges you make once you are at the Location.
OVER-BOOKINGS AND CANCELLATIONS
If a Location is unable to honor your reservation, contact us immediately, and we will work with you and the Location to find you alternative solution (such as an available day pass at a different location).
You may not cancel your day pass reservation, nor claim a refund.
DayPass will, at its own discretion, deals with valid, against your will, cancellations reasons on a one to one case basis, and shall refund or credit your account of a similar value voucher.
Personal Invite Code and Credits
You can earn discounts by inviting friends and family to use, download and book day passes using your personal invite code. After creating your DayPass account, you will receive a personal invite code. If you share that code with friends and contacts, they can receive % discounts off their first booking.
You’ll get % discounts, day pass credits to spend, when they book.
You can use your discount & credits on any future booking.
Other restrictions may apply.
When you use the Service or send emails to us, you are communicating with us electronically, and you consent to receive communications from us electronically.
We will communicate with you by email or providing notices via the Service.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing. Electronic communications from us, including emails, may include marketing and promotional content.
USER CONTENT AND YOUR CONDUCT
The Service includes forums and other interactive areas or services (“Interactive Areas”) in which you or other users can create, post or share content, materials, data, information, text, photos and/or other materials (“User Content”). You are solely responsible for your use of such Interactive Areas and the User Content you share. You hereby grant Day Pass - a perpetual, irrevocable license to use and display any User Content you post, upload or otherwise provide to DayPass.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:
- User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
- User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or that would otherwise create liability or violate any local, state, provincial, national or international law;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right, or any other right, of any party;
- Unsolicited promotions, political campaigning or commercial messages (SPAM), or any chain messages or User Content designed to deceive or trick a user of the Service;
- Private information of any third party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and
- Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service without DayPass's express written consent.
- Scrapping, copy/pasting, injecting or tweaking our application, revenues, and information would be considered as breach our these terms and we reserve the right to take all legal actions against it.
You further agree that you are solely responsible for your conduct while using the Service and that you will not do any of the following in connection with the Service or its users:
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
- Harass, threaten, or intimidate Service employees with inappropriate language or behavior;
- Collect any personally identifiable information about other users (except as specifically authorized by DayPass), or intimidate, threaten, stalk or otherwise harass or cause discomfort to other users of the Service, our employees, partners or contractors.
- Use the Service for any commercial purpose;
- Use the Service for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity or any activity that violates these Terms or any other rules or policies established from time-to-time by Day Pass.
- Create an account, post any content, or otherwise use the Service if you are not at least 18 years of age;
- Modify, adapt, hack or emulate the Service;
DayPass takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or made available via the Service. DayPass will not be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter through the Service.
Your use of the Service, including any Interactive Areas, is at your own risk. Enforcement of the user content and conduct rules set forth in these Terms is solely at DayPass's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by these rules.
COPYRIGHTS & OWNERSHIP
The Service (including, but not limited to, the Application) contains the valuable proprietary content of DayPass and our licensors and is protected by copyright and other intellectual property laws and treaties.
You will not use the Service (including, but not limited to, the Application) except in its intended manner in accordance with the terms and conditions of these Terms.
All listing images, texts and materials are the property of their respective owners, i.e hotels, health clubs, spas, gyms, or their authors, credited when possible or properly licensed.
All Trademarks, Service Marks are the property of their respective owners and DayPass is not affiliated to them.
If you believe DayPass is infringing your copyright, please let us know, we'll be glad to help.
TERMINATION OR MODIFICATION OF APPLICATION
DayPass reserves the right to change, suspend, remove, discontinue or disable access to the Service (including, but not limited to, the Application) at any time without notice. In no event will DayPass be liable for the removal of or disabling of access to any portion or feature of the Service (including, but not limited to, the Application).
If you breach any of the terms or conditions of these Terms or DayPass discontinues the Application, these Terms will automatically terminate. In the event of the termination of these Terms for any reason, the license granted to you in these Terms will immediately terminate and you must immediately stop all use of the Service (including the Application) and destroy or erase all copies of the Application in your possession or control. All of the sections of these Terms that by their nature should survive termination will survive any termination of these Terms. For avoidance of doubt, the License section will not survive termination of these Terms.
Any use of the Service after termination is unlicensed and is in violation of the copyright and other rights of DayPass.
Day Pass and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion.
We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DayPass DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS AND THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL:
- (I) WARRANTIES OF MERCHANTABILITY;
- (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT Day Pass KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND
- (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE.
DayPass DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY DayPass OR OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY.
MOREVOVER, YOU OBLIGE YOURSELF TO RESPECT THE PROPERTIES RULES & LOCAL REGULATIONS, PROPER BEHAVIOUR AND ETIQUETTE IN REGARD TO SECURITY, ATTIRE WITHOUT LIMITATION.
THE COMPANY SHALL NEVER BE RESPONSIBLE FOR YOUR RELATIONSHIP WITH THE PROPERTY YOU ACCESSED THROUGH THE SERVICES, FOR ANY CONFLICT, LITIGATION AND SUCH WE WOULD MAKE ALL EFFORTS TO RESOLVE THEM AS A COURTESY.
You will defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened third-party suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to
- (i) your conduct
- (ii) your violation of these Terms or your violation of the rights of any third party
- (iii) any User Content you share.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL DayPass BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF Day Pass LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL DayPass’s TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO THE APPLICATION) EXCEED $1000.00 ( ONE THOUSAND) UNITED STATES DOLLARS.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, DayPasshas adopted a policy of terminating, in appropriate circumstances and at DayPass’ sole discretion, subscribers or account holders who are deemed to be repeat infringers. DayPass may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
APPLICABLE LAW AND VENUE
The Terms and your use of the Service, including, but not limited to, the Application will be governed by and construed in accordance with the laws of the State of Florida, applicable to agreements made and to be entirely performed within the State of Florida.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in full effect. Only you and DayPass are entitled to enforce these Terms. No third party will be entitled to enforce any of the terms and conditions herein.
OUR HQ ADDRESS
DAY PASS LLC
1900 N BAYSHORE DR, STE 1A, PMB 104
MIAMI, FL 33132, USA