These terms and conditions (this “Agreement”) form a binding agreement between you, the “End User” and GoNextWorld,LLC (GNW), sometimes referred to as “GoNextWorld.com”, and govern your participation, as Loyalty Member, in GoNextWorld's Member Loyalty Program. By using the Site, any GoNextWorld.com services, and/or utilizing your Loyalty Account, you agree to (i) to accept the terms and conditions of this Agreement, and (ii) that GoNextWorld (GNW) will have the authority, in its sole discretion, to interpret, apply, supplement, and amend the terms and conditions of this Agreement.
1.Program and Benefits.
(a)GNW has instituted GoNextWorld.com, which is a site that provides an interactive online service on the World Wide Web, consisting of information, services, content and transaction capabilities facilitated through GNW, affiliates of GNW or Program Merchants (“Merchants”) offering vouchers for sale (“Vouchers”), which may be exchanged for goods/services at Merchants and other third parties. The Merchant, not GNW, is the seller of the Voucher and goods and services and is solely responsible for your purchase. Unless specified in the Voucher or required by law, the following additional terms apply to all Vouchers:
Vouchers can be redeemed by providing printed receipt, via electronic receipt, Photo Identification or
providing Voucher reference number to Merchant
Neither GNW nor the Merchant is responsible for lost or stolen Vouchers or
Vouchers reference number.
(iii)Voucher has no cash value. There will be no cash back or credit issued for partial redemption, except as required by law.
(iv)Reproduction of the Voucher is prohibited.
(v)Vouchers shall not be used for tips, shipping or handling, prior balance or taxes.
(vi)Voucher cannot be combined with other vouchers or promotions unless otherwise specified by Merchant.
(vii)The use of a voucher for alcoholic beverages is at the sole discretion of the Merchant, unless otherwise noted on the Voucher.
(b)GNW has instituted a program, where Loyalty Account Holders making Eligible Purchases earn Credits from purchases at Program Merchants. These Credits can be redeemed online for certain products, services, and other items at the website located at www.GoNextWorld.com (or such other website that GNW may from time to time specify). As a Loyalty Account Holder, your Credits will be tracked electronically on your Loyalty Account. You must provide your Loyalty Account Number at the point of sale at Program Merchants in order to receive Credits.
(c)You must be at least 18 years old to be eligible to use this Site and to participate in the Loyalty Program. You may use this Site in conjunction with your parent or guardian who agrees to this Agreement. No one under the age of 18 may use the Site.
(d)This Agreement set forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read the Terms and Conditions), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End user shall be responsible for protecting the confidentiality of End User's password(s), if any.
(e)Your participation in the Program entitles you to receive Credit in varying amounts on Eligible Purchases from Program Merchants. The amount of Credit awarded on Eligible Purchases may vary from Program Merchant to Program Merchant and is subject to change, from time to time, at the sole discretion of GNW. In order for a purchase to be an Eligible Purchase, your Loyalty Account must be valid and must be presented to the Program Merchant at the point of sale. You will not be credited at a later date for purchases for which a Loyalty Account is not presented at the time of the purchase or if there is an error in processing your Loyalty Account, regardless of the reason for such error. In addition, in the event that you receive a refund for a purchase for which you received Credit, the Credit obtained from such purchase will be subtracted from the balance of your Loyalty Account. Notwithstanding the foregoing, or anything to the contrary in this Agreement, GNW may, from time to time, in its sole discretion, and without limitation, determine how Credits are awarded to Loyalty Account Holders, including by, without limitation, (i) setting the minimum amount of Loyalty Account Holder purchases that will constitute a Eligible Purchases, (ii) setting the amount of Credit to be awarded on Eligible Purchases (which may be determined on an item-by-item basis), and (iii) identifying items that are eligible or ineligible for Credit.
(f)All Program benefits are offered at the sole discretion of GNW. GNW has the right, without limitation, to limit, modify or cancel the Agreement at any time, with or without notice, even though such changes may affect the value of Credits that you have already accumulated or your ability to use the accumulated Credits. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement. The accumulation of Credits does not entitle you to any vested rights with respect to such Credits. In accumulating Credits, you may not rely upon the continued availability of any items available for purchase on GNW's website. Furthermore, the number of Credits required to redeem any particular item on GNW's website may be substantially increased, any item may be withdrawn
from GNW's website, and restrictions on items or redemption of Credits may be imposed at any time.
(g)You will not earn Credits on your Loyalty Account for redemptions of Credits on www.GoNextWorld.com.
(h)Although denominated in U.S. Dollars, Credits have no cash value and can only be redeemed for products and services available on the www.GoNextWorld.com website. Your Loyalty Account also has no cash value and cannot be redeemed for cash. If the amount of Credit necessary to obtain a product or service exceeds the amount of Credits on your Loyalty Account, you will be notified that funds are insufficient.
(i)Your Loyalty Account may be closed at GNW's discretion if no credits are accrued during a twenty-four (24) month period. All accrued credits will be forfeited at that time.
2.Conditions and Restrictions.
(a)In order to obtain the benefits of your Loyalty Account, you must (i) agree to be bound by this Agreement, and (ii) register your Loyalty Account on the website located at www.GoNextWorld.com, by providing current and accurate information that personally identifies you and permits GNW to contact you. Required information will include your name, age, address, zip code, email address, and mobile telephone number and may include certain preferences. You may update your personal information at www.GoNextWorld.com.
(b)The products or other items available for purchase on GNW's website may change from time to time, without notice to you, and GNW shall not be obligated to make any particular items available for purchase on its website.
(c)Participating Program Merchants will change from time to time and GNW does not guaranty that any Program Merchant, or type of Program Merchants, will continue to participate in the Program for any period of time.
(d)Credits are for individual use only and are non-transferable. Accrued Credits are not the property of a Loyalty Account Holder. Any fraudulent or unauthorized use of a Loyalty Account is strictly prohibited. Terms and conditions regarding the Program, Loyalty Accounts, Credits and related matters may be changed by GNW from time to time in its sole discretion.
(e)Any Credits earned on your Loyalty Account may be subject to tax liability. Any tax liability connected with your receipt or use of the Credits is your sole responsibility.
(f)GNW does not assume any liability for items purchased on its website that are lost, delayed or otherwise not delivered to you.
(g)Use of GNW trademarks and/or trade names is strictly prohibited, unless you obtain prior written consent from GNW.
3.Assumption of Risk, Waiver and Release of Liability and Indemnification
By entering into this Agreement, you (a) voluntarily and knowingly assume all risks associated with any products or services, and/or your participation the Program; (b) on behalf of yourself, your personal representatives, heirs, next of kin, administrators, executors, and assigns, hereby release GNW and all of its affiliates, officers, directors, employees, agents, and other representatives (collectively, the “GNW Parties”) from any and all claims, liabilities, losses, demands, suits, actions and proceedings (collectively, “Claims”), directly or indirectly arising from, out of, or related to your participation in any and all Site or Program activities, including, but not limited to, liability for personal injury, financial loss, property damage or theft, and death; and (c) agree to indemnify the GNW Parties for any and all Claims against, or costs incurred by, any of the GNW Parties as a result of your participation in, and actions during and at, any and all use of the website. You further agree that the foregoing shall apply regardless of whether a Claim arises from the negligence or misconduct of any or all of the GNW Parties. You are solely responsible for interactions with Merchants and other users of the Site. You hereby release GNW from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Voucher.
(a)You have the right to cancel your Loyalty Account at any time by notifying GNW of your desire to do so. If you cancel your Loyalty Account, you will have five (5) days after such cancellation to redeem any Credits on your Loyalty Account; if you do not redeem any outstanding Credits within five (5) days, you forfeit those Credits. You will not receive cash value for your Credits and you may not transfer your Credits.
(b)GNW, in its sole discretion, may cancel your Loyalty Account, without notice, for any reason, including, without limitation, GNW's belief that continued use of the Loyalty Account would violate any provisions of this Agreement, applicable law, or otherwise be harmful to its interests. Except as provided in subsection (c) of this Section 4, in the event of any such termination, you will be entitled to redeem your Credits on GNW's website for a period of five
(5)days. If you do not redeem any outstanding credits within such five (5) day period, you will forfeit those Credits. You will not receive cash value for your Credits and you may not transfer your Credits.
(c)In the case of fraud or abuse involving your Loyalty Account, GNW has the right to take appropriate administrative and/or legal action and all earned Credits will be forfeited immediately.
(a)In order to provide you with the benefits of the Site, GNW must obtain certain information including your name, age, birthday, gender, email address and telephone number and any other information that GNW may require or that you may wish to provide (together with information regarding your purchases from Program Merchants, the “Information”). You agree to voluntarily provide this Information when you register your Loyalty Account and that the Information will be supplemented each time you use your Loyalty Account. GNW will not sell your Information. GNW may, however, disclose your Information to service providers and nonaffiliated third parties in certain circumstances such as (i) to complete a transaction you have authorized, (ii) if required to do so by law, to protect the rights, privacy and property of GNW or to assist in the detection, prevention and prosecution of a crime or fraud, (iii) in order to enforce GNW's rights in contracts and transactions that you participate in with GNW, (iv) to an affiliated third party, specifically when you purchase trip packages that require transmittal of information to hotels, transportation companies or the like, (v) to a third party in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all of any portion of GNW's business, assets or membership interests, and (vi) to a prospective buyer or business partner pursuant to an appropriate confidentiality agreement. You also consent to the storage of the Information for a period of time deemed appropriate by GNW.
(b)You consent to receiving periodic mailings, emails, and text messages from GNW and its affiliates.
(c)GNW's website may contain links to other sites, and other sites may reference or contain links to GNW's website-in either case, GNW is not responsible for the
privacy practices or the content of these other sites. GNW neither controls nor supervises the privacy practices of any other link or advertiser on GNW's website.
(d)GNW may now or in the future provide “blogs” or on-line forums for customers to ask questions, give opinions or discuss GNW's products and services. GNW is not responsible for the content of these postings, nor for any personal information contained in these postings.
(e)Any communications between you and GoNextWorld.com, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
6.License to Use Your Name and Likeness
GNW reserves the right to take photographs, video and sound recordings during Program Activities. If you attend such Program Activities, your Likeness may appear in such photographs sound, and video recordings. By entering into this Agreement, you hereby grant GNW a non-exclusive right and privilege to use your name and Likeness, without any royalty or other compensation, in connection with GNW marketing materials, the GNW website, and any other materials in connection with the Program or GNW's other business.
7.Disclaimers; Limitation of Liability.
(a)USE OF THE PROGRAM AND ANY ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE LOYALTY ACCOUNT BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
(b)THE GNW PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(c)THE GNW PARTIES MAKE NO WARRANTY THAT (i) THE SITE AND/OR PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM AND PROGRAM ACTIVITIES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE PROGRAM WILL MEET YOUR EXPECTATIONS.
(d)THE GNW PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE GNW PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO VIA THE USE OF THE PROGRAM ON GNW'S WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR STORED PERSONAL DATA; OR (iv) ANY OTHER MATTER RELATING TO THE PROGRAM.
8. Governing Law.
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles, or Pennsylvania or otherwise, that could result in the application of the law of any other jurisdiction.
9. Binding Arbitration.
Any dispute, controversy or claim (“Dispute”) arising out of or relating to this Agreement, the breach thereof, the Program, and any Program Activities, shall be resolved by binding arbitration by the American Arbitration Association (the “AAA”) in accordance with the then current rules in effect governing arbitration of such matters (including, without limitation, the Supplementary Procedures for Consumer-Related Disputes or any successor procedures thereto). Any such Dispute shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The arbitration shall be conducted by one arbitrator mutually selected by you and GNW, or by the AAA if an arbitrator cannot be agreed to within a reasonable period. Notice of demand of arbitration shall be filed in writing with the other party and with the AAA. The arbitration shall be conducted in Pittsburgh, Pennsylvania within six (6) months of the date of the filing of the demand for arbitration. The award rendered by the arbitrator shall be final and a judgment may be entered upon it according to the applicable law in any court having jurisdiction.
The invalidity or unenforceability of one or more of the provisions of this Agreement will not affect the validity or enforceability of the other provisions.
11. Certain Definitions
For purposes of this Agreement:
“Credit” shall mean credit, denominated in U.S. Dollars, issued to a particular Loyalty Account Holder in connection with such Loyalty Account Holder's purchases from a Program Merchant when presenting the Loyalty Account Number at the point of sale. Credit shall be redeemable online, at the website currently located at www.GoNextWorld.com, for certain merchandise, products, travel packages, entertainment packages and other items. Although denominated in U.S. Dollars, Credit shall have no cash value.
“Eligible Purchase” shall mean a purchase by a Loyalty Account Holder from a Program Merchant. In order to be an Eligible Purchase, the Loyalty Account must be active and the Loyalty Account Number must be presented to the Program Merchant at the point of sale.
“Likeness” shall mean photograph, video, and audio recordings of your image, actions, and voice, and/or representations of your image, actions, and voice.
“Loyalty Account” shall mean the storage of Credits to a valid Loyalty Account Number. A Loyalty Account has no cash value and a Loyalty Account Holder has no vested interest in his/her Loyalty Account or the Credits thereon, both of which shall be subject to revocation by GNW in its sole discretion at any time without notice.
“Non-registered Loyalty Account Holder” shall mean the holder of a valid Loyalty Account Number that has not completed registration process at www.GoNextWorld.com.
“Registered Loyalty Account Holder” or “Loyalty Member” shall mean the holder of a valid Loyalty Account Number that has completed all of the requirements for participating in the Program, as such requirements are specified, updated, modified, supplemented, or replaced by GNW in its sole discretion from time to time. By signing this Agreement, registering your Loyalty Account, and completing any other participation requirements specified by GNW, you will become a Registered Loyalty Account Holder.
“Loyalty Account Holder” shall mean the holder of a valid Loyalty Account Number regardless of whether or not it's a Registered or a Non-registered Loyalty Account.
“Loyalty Account” shall mean the storage of Credits to a valid Loyalty Account Number.
“Registered Loyalty Account” shall mean a completed and registered account at www.GoNextWorld.com , in accordance with the requirements specified by GNW, which requirements may be updated, modified, supplemented or replaced in the sole discretion of GNW, from time to time. The Loyalty Account Holder must provide their registered mobile phone number as their Loyalty Account Number. A Loyalty Account has no cash value and a Loyalty Account Holder has no vested interest in his/her Loyalty Account or the Credits thereon, both of which shall be subject to revocation by GNW in its sole discretion at any time without notice.
“Loyalty Account Number” shall mean a Loyalty Account Holder's mobile phone number. A valid Loyalty Account Number must be presented at the point of sale at Program Merchants in order to obtain Credit. A valid Loyalty Account Number is required each time the Member logs in to www.GoNextWorld.com.
“Member Loyalty Program” or “Program” shall mean the loyalty program pursuant to which, among other things: (i) members of GoNextWorld.com have the option to purchase products, services, and other items, (ii) members have the option to use a Loyalty Account, (iii) GNW agrees to provide Loyalty Account Holders with Credits based on purchases from Program Merchants, and (iv) Account Holders have the opportunity to redeem Credits for certain products, services, and other items on GNW's website.
“Program Merchants” shall mean the vendors, retailers and other businesses that have entered into agreements with GNW to participate in the Program. Loyalty Account Holders can obtain Credits by making certain eligible purchases from Program Merchants. Participating Program Merchants will change from time to time and GNW does not guaranty that any Program Merchant, or type of Program Merchants, will continue to participate in the Program for any period of time. GNW will provide a list of Program Merchants on its website, which list will be updated from time to time.
“Next World Bucks” shall mean Credits which members may be awarded that have no cash value and may only be used towards future purchases at GoNextWorld.com. One Next World Buck is equivalent to one U.S. dollar.
“Site” shall mean all pages belonging to GoNextWorld, LLC and under the domain www.GoNextWorld.com
12. Changes to This Agreement.
GNW may amend, supplement, or replace the terms of this Agreement at any time, without notice or liability, by posting a revised Agreement on its website. Any change shall take effect immediately, unless otherwise provided.
This Agreement, including all documents referenced herein, represents the entire understanding between GNW and you and supersedes any other agreements, statements or representations regarding your participation in the Program. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any part of the Program, and/or the goods and services offered in connection therewith, is deemed to have accepted the terms and conditions of this Agreement.
By continuing you agree to be bound by the terms and conditions of this Agreement, including the assumption of risk, release, and indemnification provisions of Section 3 and the binding arbitration clause in Section 9.
This Agreement was last modified on July, 25 2012.