INTERNATIONAL RESTAURANT & HOTEL AWARDS AGREEMENT AND ACCEPTABLE USE POLICY
This agreement and acceptable use policy (the “Agreement” of the “AUP”) provides important information about your participation with IRHA, so you should take the time to read and understand it. You may review, save or print any part of this Agreement. We encourage you to print out a copy of this entire document and refer to it as you participate in IRHA. As used herein, IRHA “means and refers to the International Restaurant & Hotel Awards.” As used herein, IRHAwards “means and refers to the International Restaurant & Hotel Awards.”
IMPORTANT: IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST DO SO AS IT IS PRESENTED TO YOU – NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY IRHA.
IRHA may change, add or remove any part of this Agreement, or any part of IRHA services and features, including price and deadlines, at any time. If it does so, IRHA will post such changes on the IRHAwards site.
IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD NOT SIGN UP FOR IRHA. YOUR CONTINUED USE OF RHAWARDS.ORG AND THE PARTICIPATION IN IRHA NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND OF ANY SUCH CHANGES.
- PARTICIPATING IN IRHA
To participate in IRHA, you must be at least 21 years old.
If you elect to participate in IRHA, you agree to pay all charges for IRHA at the prices set forth on IRHAwards site and upon the terms set forth on that site and in this Agreement. All charges are excusive of any value added tax (“VAT”), sales tax or other taxes, except required by applicable law. IRHA reserves the right to change prices or to institute new charges for IRHA or any portion of IRHA at any time, upon prior notice. Price changes and institution of new charges implemented during the time that you registered and before the actual event period will apply to subsequent new registrations after the effective date of the change. All pricing changes will be posted on IRHAwards site, and such posting shall be considered sufficient notice to you of such changes. You are responsible for regularly reviewing pricing information as posted so that you have notice of such changes. Your continued participation in IRHA or your failure to cancel your registration after any such changes are posted (or effective) will constitute your acceptance of the prices for subsequent membership periods.
Consult the IRHA web page for details on billing currency for services purchased on-line. If payment is not received by IRHA from your credit card issuer or its agents, you agree to pay all amounts due upon demand by IRHA.
IRHA will accept cancellations of your registration (and any “add-on” service) five (5) business days prior to the final competition deadline and you will receive a full refund.
- AVAILABILITY OF SERVICE
While IRHA makes reasonable efforts to ensure that the events listed are available, however IRHA does not guarantee, represent or warrant that IRHA will be uninterrupted or error-free, and IRHA does not guarantee that participants will be able to participate in all competitions and exhibitions offered.
- ACCEPTABLE USE POLICY GUIDELINES
IRHA encourages participants in the on-line world to express their views and to benefit from the interactive experience. However, it is important to remember that there are rules and standards that you must abide by when participating in IRHA. These rules and standards are described in this Agreement. As an IRHA participant, you agree to comply with this Agreement, and you acknowledge that IRHA has the right to enforce this Agreement in its sole discretion. This means that you, or anyone participating in IRHA violate the terms of this Agreement, IRHA may take any and all appropriate actions – this can range from the issuance of a warning about a violation, to the termination of your participant privileges in IRHA to legal action – as IRHA deems necessary or appropriate. IRHA is not required to provide notice prior to terminating your participation in IRHA for violating these rules and standards, but it may choose to do so.
You are solely responsible for your conduct while participating in IRHA. A participant in IRHA should conform to the requirements of the law, respect the rights of others participating in and around IRHA and all third parties. By registering for IRHA you agree to use appropriate conduct and language when participating – this includes (but is not limited to) following the rules of IRHA, and the rules and regulations of any of the participating sponsors.
IRHA reserves the right to terminate your participation in IRHA at any time, with cause or without cause. Any such termination may, if IRHA elects (any subject applicable to law), be without any refund to you of any prepaid fees or amounts.
Inappropriate conduct falls into a number of categories. The more commonly understood categories are discussed below, although this list is not exclusive.
- ILLEGAL AND PROHIBITED CONDUCT
The laws and rules that apply to the Unites States Government must be obeyed at IRHA as well. If IRHA elects to terminate your right to participate in IRHA as a result of any illegal or prohibited conduct, IRHA may elect, in its sole discretion (subject to applicable law), not to refund any prepaid fees or other amounts to you.
Examples of prohibited conduct are:
- Planning illegal activity, such as building a bomb or counterfeiting money.
- Using, selling or possessing illegal drugs and related paraphernalia.
- Acting in an obscene manner.
IRHA reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. In addition, IRHA reserves the right to comply with any civil court orders and/ or subpoenas. If IRHA decides to investigate or resolve possible issues involving you or anything to do with IRHA, IRHA is entitled, except to the extent prohibited by applicable law, to disclose information about you in IRHA possession in connection with your participation with IRHA and anything to do with IRHA to law enforcement or other government officials, as IRHA in its sole discretion believes to be necessary or appropriate. By your acceptance of this Agreement and your participation in IRHA, you authorize IRHA to take any such actions.
- OBJECTIONABLE CONDUCT
IRHA reserves the right to terminate, with or without notice. In such case, you will not be entitled to any refund of your registration/submission costs or of any additional fees you may have paid for upgraded services (subject to applicable law).
Examples of objectionable conduct that violate IRHA acceptable use policy are:
- Harassing, threatening, or embarrassing another participant of IRHA
- Stalking another IRHA participant
- Abusing, or threatening another IRHA participant mentally or physically
Please remember that these are only guidelines; there are always “gray areas.” Ask yourself if your communication/behavior is something that you would say in a room full of people you never met, or in the workplace. However, IRHA reserves the right to make the final determination about weather your behavior is objectionable or not.
If you encounter something you find inappropriate, you may report it by telling one of IRHA staff members.
IRHA reserves the right (subject to applicable local law), in its sole discretion, to monitor all IRHA features and content.
When IRHA becomes aware of possible violations, IRHA may initiate an investigation, which may include gathering information from any IRHA participants involved, any third party and any complaining party.
During the investigation, IRHA may suspend or terminate any or all of the participant’s involvement and/or remove the participant from IRHA. If IRHA believes, in its sole discretion, that a violation of this Agreement has occurred, it may take responsive action, including but not limited to permanent removal of the participants involved.
If, as a result of any such investigation, IRHA believes that any criminal activity has occurred, IRHA reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.
By registering for IRHA, you agree (to the extent permitted by applicable law) to waive any claims you may have against IRHA, and to hold IRHA harmless and indemnify IRHA with respect to any claims, relating to any action taken by IRHA as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. This means that you cannot sue IRHA or recover any damages whatsoever from IRHA as a result of its decision to remove you from IRHA, to warn you, to suspend you, or to take any other action during the investigation of a suspected violation or as a result of IRHA conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement.
- LIABILITY LIMITATIONS
You expressly agree that your participation in IRHA is at your sole risk. IRHA services, competitions, exhibitions etc are provided “as is” and “as available” for your participation, without warranties of any kind, either express or implied.
In no case shall IRHA, its directors, officers, employees, affiliates, agents or contractors be liable for any direct, indirect, incidental, special or consequential damages arising from your participation in IRHA or for any other claim related in any way to your IRHA participation because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, IRHA liability shall be limited to the extent permitted by law.
IRHA does not endorse, warrant or guarantee any third-party product or service offered through IRHA and will not be a party to or in any way be responsible for monitoring any transaction between you and any third parties through IRHA. You hereby release IRHA from any and all obligations, liability and claims in excess of these liability limitations.
- LEGAL PRINCIPLES
This Agreement represents your entire agreement with IRHA. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, as an IRHA participant.
Under California Civil Code Section 1789.3, California IRHA participants receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254. You can also access the California Department of Consumer Affairs through its web site, www.dca.ca.gov.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Except as required by applicable non-U.S local or national law, the laws of the state of California, United States Of America, excluding its conflicts of law rules, govern this agreement and your participation in IRHA. Your conduct and participation in IRHA may be subject to other local, state, national (U.S and non U.S), and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with IRHA relating in any way to your participation resides in the courts of the State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the California courts in connection with any such dispute, including and claim involving IRHA or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers with respect to IRHA.