Terms and Conditions
Vizit Membership Terms and Conditions
By clicking "I AGREE" and by completing the online Membership Application I agree to be bound by these Terms and Conditions
These Terms and Conditions set out the basis on which a Member may participate in the Vizit Membership.
The following provisions govern the ownership and use of Membership:
Definitions: The following terms when used herein shall have the following meanings;
“Affiliate” means: a third party with whom Vizit has entered into a contract wherein the third party provides Benefits to Members of the closed-user group program operated by Vizit.
“Benefits” means: access to the various special products and services made available to Members, which Benefits shall be as published on the Vizit website. Benefits may include travel commissions, preferred rates, net rates, special offers, exclusive product and or pricing and such other products and services as Vizit shall in its sole discretion offer from time to time.
“Initial Membership Fee” means: the one-time payment due on application to become a Member.
“Member” means: a person who has been accepted by Vizit as a member and who has paid the Initial Membership Fee and continues to pay the Monthly Membership Fee. A person immediately ceases to be a Member if he or she terminates his or her Membership or fails to pay the Monthly Membership Fee when due.
“Membership” means: participation in the closed-user group which entitles the Member to access all of the Benefits offered from time to time by Vizit through the Membership program.
“Membership Application” means: this paper Membership Application Form and application process.
“Monthly Membership Fee” means: the monthly payment made by a Member to maintain Membership in the program.
“Membership Level” means: the level of Benefits selected by the Member.
“Web Site” means: the Vizit website, www.justvizit.com or sub domains of that Web Site and any other web sites including subdomains through which Vizit may offer access to Program Benefits from time to time.
“Vizit or We” means: Vizit Holdings, LLC, a limited liability company registered in Arizona.
For the purpose of these terms and conditions we may refer to the Vizit Membership as the “Program”.
1.
To become a Member of the Program you must be 18 years of age or older and reside in the USA.
2.
Vizit may refuse to accept any Membership Application in its sole discretion.
3.
Membership in the Program becomes effective only when the Membership Application is accepted by Vizit, the Initial Membership Fee and the first Monthly Membership Fee is paid and received by Vizit, and on your first visit to the Web Site you have accepted the Terms and Conditions of Membership. Continued Membership is at all times after acceptance conditional upon payment by you of the Monthly Membership Fee.
4.
If paying by credit or debit card you hereby certify that the credit or debit card or eWallet account used to make payment is held in your name or that you are an authorized user of the card or account. You hereby authorize Vizit to charge your credit or debit card or eWallet accounts identified in your Application, or advised to Vizit from time to time, with the Initial Membership Fee and the Monthly Membership Fee. You confirm that you understand and agree that the transaction contemplated by this purchase consists of the Initial Membership Fee and the recurring Monthly Membership Fee until the Membership is cancelled by notice in writing in accordance with these Terms and Conditions.
5.
Your Membership shall remain in effect until (i) terminated by you by sending, in writing, notice of cancellation of your Membership to Vizit by certified mail to
Vizit Holdings, LLC
2550 E Rose Garden Ln
PO Box 71301
Phoenix, AZ 85050
or by email to
info@justvizit.com
or (ii) terminated by Vizit by sending in writing, notice of cancellation of your Membership to you by certified mail at the address held on file by Vizit for you or by email to the email address held on file for you at the date of the notice. (Notice to Vizit must include your signature, printed name, address, and Member Identification Number). Your Membership will also be terminated with immediate effect if you stop payment of the Monthly Membership Fee or if any of the information provided by you on your Application is found to be false, inaccurate or fraudulent. Notice of cancellation must be received by Vizit at least twelve (12) business days prior to the scheduled charging date of your payment account. If a cancellation notice is received fewer than twelve (12) business days prior to the scheduled charging date, cancellation will become effective in the month following the month in which the notice of cancellation is received by Vizit. Termination by either party shall terminate your use of the Benefits of Membership and access to the Web Site with effect from the next scheduled payment charging date.
If you cancel your Membership after booking through Vizit or other travel using your Membership Vizit may choose to cancel your travel and to refund the cost already paid. If Vizit chooses to make a refund to you it shall not be responsible for any other costs incurred by you in connection with the cancellation of your booking.
6.
Vizit supplies certain Benefits itself and/or through associated entities but also contracts with various Affiliates to provide Benefits to Members, which Benefits will change from time to time. Vizit shall at all times provide updated information as to Benefits available via its website and by notice to Members. You acknowledge that all post sale customer service support may be rendered in English by Vizit or its Affiliates.
7.
Benefits may be booked and used by any Member and by one (1) adult aged 18 or older who resides in the same household as the booking Member including a spouse, civil or other partner.
A maximum of two (2) adults aged 18 or older may travel through a Vizit membership per booking provided at least one (1) adult on the booking is a Member or is an adult aged 18 or older who resides in the same household as the Member.
A Membership may only be held in the name of an individual person; Vizit does not accept Membership Applications in multiple names, partnerships, trusts or in the names of business entities.
8.
Members may take dependent children on Vizit trips by paying the company designated trip charge. Children may be charged an additional Dependent Child Fee (DCF), which is particular to each Vizit trip and will change accordingly. Dependent children are those children residing with their parent(s) or legal guardian(s), in school and 18 years of age or under. Those children who are over the age of 18, un-married, residing with their parent(s) or legal guardian(s), and attending school (up to the age of 25) are also considered dependent children. In addition, a child who is permanently disabled (no matter what age) and under the direct care of his or her parent(s) or legal guardian(s) is a dependent child. Additional rooms for dependent children under the age of 18 years not sharing accommodation with adult guests can be requested but are not guaranteed to be available and will be subject to additional charges which may vary.
9.
You agree that it is your responsibility to choose which Benefits you use and or other travel you purchase and that not electing to participate in all or any of the Benefits offered does not constitute a breach of this agreement.
All sales are final and refunds are only at the discretion of Vizit. You further agree that, except in accordance with these Terms and Conditions, you will not be eligible for a full or partial refund of your Initial Membership Fee and Monthly Membership Fees as a result of your non-use of any of the Benefits of the Program. Benefits available may vary by level of Membership selected and may be varied and or replaced by alternative Benefits at any time in the sole discretion of Vizit. A Member who has paid all Monthly Fees may at any time choose to upgrade or downgrade his or her level of Membership in accordance with the applicable upgrade or downgrade terms and conditions in force at the date of upgrade or downgrade with effect from the next scheduled charging date.
10.
You agree that due to the inherently limited inventory in the travel industry, the availability of specific travel services or features such as room upgrade or amenities is not guaranteed and may be subject to limits on availability or price which may vary.
You further agree that Vizit will make every available opportunity to offer you the best possible price but that prices may increase above the initially published price due to limited inventory availability. Vizit trips and other travel are booked subject to the booking terms and cancellation policy applicable to each booking, which may contain restrictions imposed by an Affiliates such as minimum or maximum age requirements, travel insurance and visa requirements. It is your responsibility to ensure that you are able to comply with the booking terms including any such restriction or requirements before booking. Vizit shall not be responsible for your failure to comply with such restrictions or requirements, where you have been advised of these on or prior to booking.
11.
Membership is personal to you as a Member and you may not transfer, assign, charge or otherwise dispose any of your rights or obligations without the prior written consent of Vizit. The Membership shall terminate automatically on the death of the individual in whose name the Membership is held.
12.
These Terms and Conditions must be read in conjunction with the terms and restrictions unique to each Affiliate and the purchase of all products and/or services is subject to the terms and conditions of use or booking of the Affiliate supplying such products or services to the Member.
13.
All materials, information, software, products, and services included on or available through the Web Site (the “content”) are provided “AS IS” and “AS AVAILABLE” for your use. The content is provided without warranties of any kind, either express or implied.
14.
Under no circumstances shall Vizit, their affiliates, contractors, licensors, suppliers, agents, any independent provider/transmitter of information, or the employees, agents, officers or directors of the foregoing parties (collectively, the “covered parties”) be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from: (1) the use of, or inability to use, the Web Site; (2) any inaccuracy, error, delay in or omission of, any information, or the transmission or delivery of any information; (3) any negligent or reckless act or omission; or (4) any force majeure event. In no event shall any of the covered parties’ liability for damages to a Member exceed the Initial and Monthly Membership Fees paid by the Member during the 12 months immediately preceding the first event that is alleged to have caused the damages.
15.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions shall be resolved exclusively by confidential, binding arbitration in Phoenix, Arizona. The arbitration shall be conducted before the American Arbitration Association, and shall be conducted pursuant to the Commercial Dispute Resolution Procedures then in effect. Judgment upon any award rendered in the arbitration may be enforced by any court of competent jurisdiction. Unless decided otherwise in the arbitration, each party shall bear its fees and/or costs shall be shared equally.
16.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Arizona, excluding its conflicts of law rules.
17.
We grant you only a limited, non-transferable and non-exclusive license to use the software, documentation and other content of the Web Site necessary to access, explore and otherwise use the Web Site in real time and to use the materials and the Benefits of the Programmed on the Web Site in a manner consistent with these Terms and Conditions.
18.
Any software that is made available to download from the Web Site (the “Software”) is the copyrighted work of Vizit, its subsidiary, associate or affiliated entities and/or its Affiliates and/or their suppliers or licensors. Use of the Software is governed by the terms of the use of the Web Site.
19.
Without limiting the foregoing, copying or reproduction of the Software or of the Web Site content to any other server or location for further reproduction or redistribution is expressly prohibited.
20.
You shall not use, disseminate or reproduce any Vizit trademarks, copyrights or other intellectual property in marketing materials, advertising on social media including but not limited to Facebook, Twitter, or LinkedIn, domain registration or any other advertising and or marketing outlet without the expressed written consent from the Vizit Compliance department.
21.
You shall not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions, and you agree to respect other users of the Web Site. We reserve the right to terminate your use of the Web Site and your Membership if, at any time, you engage in any conduct that we, in our sole discretion, deem to be detrimental to Vizit, the general public or other users. In such instances, you shall forfeit Membership "points" or any other incentives awarded by us or our Affiliates accrued but not redeemed or used upon the termination of your Membership. In addition, you agree to refund to us the reasonable value of any incentives or remuneration you receive or realize as a result of any illegal or wrongful conduct, or conduct in violation of these Terms and Conditions.
22.
No relationship between Vizit and any third parties, including but not limited to travel agents, travel experts, writers, and Members, whether or not they share in the revenues and/or profits of Vizit, who post, publish, view, receive, or utilize information and/or materials on the Web Site shall be construed as establishing agency, employment, partnership, joint venture or any other relationship giving rise to vicarious liability of Vizit, its subsidiaries, associated or affiliated entities.
23.
We may revise and amend these Terms and Conditions from time to time.
Your use of any of the Web Site and Benefits offered in the Program will be subject to the Terms and Conditions in force at the time you access the Web Site and the Benefits and your use of the Web Site and or the Benefits shall constitute your acceptance of the applicable terms and conditions.
24
.
By completing and submitting the Membership Application Form, you specifically authorize Vizit to transfer and disclose personal or confidential information which you have provided to Vizit in connection with your Membership Application Form to its parent and associated or affiliated companies, its partners, licensees, agents and vendors and to Vizit independent sales representatives and to applicable government or regulatory bodies, if required by law. You consent to Vizit and its parent and associated or affiliated companies, its partners, licensees, agents and vendors and independent sales representatives communicating with you by electronic mail at the email address and/or by text message at the cell number you have entered on the Membership Application Form or as advised to Vizit by you from time to time. Such emails and /or text messages may include offers and solicitations for the sale and purchase of Vizit products, sales aids, and services. Your consent to receive such emails and/or text messages shall survive the termination or expiration of this agreement for any reason unless and until you inform Vizit of revocation of consent to receive such communications. You may revoke your consent in writing by emailing
info@justvizit.com
or by utilizing the unsubscribe option contained within a Vizit email or text communication.
25.
Vizit, its parent, subsidiaries or associated or affiliated companies, and their directors, officers, owners, employees, assigns, and agents (collectively referred to in this section 25 as “Associates”), shall not be liable for, and you hereby release Vizit and its Associates from, all claims for consequential and exemplary damages. As a Member you agree to comply with the Member code of conduct when traveling as a Vizit Member. You further agree to indemnify Vizit for any liability, (including attorney fees), damages, fines, penalties, or other awards arising from your conduct when traveling as a Vizit Member.
Vizit may at any time set off any liability of the Member against any liability of Vizit, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under these terms and conditions. Any exercise by Vizit of its rights under this section shall not limit or affect any other rights or remedies available to it under these Terms and Conditions or otherwise.
26.
The Membership Application Form and these Terms and Conditions constitute the entire contract between you and Vizit relating to your Membership. Any promises, representations, offers, and other communications not expressly set forth in these Terms and Conditions are of no force or effect.
27.
Any waiver by Vizit of any breach of these Terms and Conditions must be in writing and signed by an authorized officer of Vizit. Waiver by Vizit of any breach of these Terms and Conditions by you shall not operate or be construed as a waiver of any subsequent breach.
28.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of these Terms and Conditions will remain in full force and effect
