These HAPPINESS ASSURANCE Membership Terms and Conditions ("Agreement") between HAPPINESS ASSURANCE and you, the person who will become or is a HAPPINESS ASSURANCE member ("you," "your" or "yours"), describe the terms under which you may use the HAPPINESS ASSURANCE vacation programs (the “Vacation Programs”) described in Exhibit A and enrolled as described below (the “Happiness Assurance Programs” and/or use the website www.HappinessAssurance.com (“Website”). Your use of the Services and/or the Website constitutes your acceptance of the terms of this Agreement.
1. Becoming a Happiness Assurance Member To become a Happiness Assurance member and to receive the Services, you must, in the course of the enrollment process, provide certain fully accurate personal information as Happiness Assurance may reasonably require for the applicable Services, including without limitation your name, address, telephone number, email address, date of birth, driver's license number, and other personal information to verify your identity, (collectively, “Personal Information”). You may enroll (i) by telephone, (ii) at the Website or (iii) by authorizing a third-party partner of Happiness Assurance to provide your Personal Information on your behalf, as applicable (collectively, the “Enrollment Process”). You agree to keep all Personal Information updated and accurate. Upon completion of the Enrollment Process and payment to Happiness Assurance of the proper fees in full (either directly by you or indirectly through a third-party partner of Happiness Assurance) for the level of Services for which you enrolled, as applicable, you will become eligible to receive such Services. A current selection of the various levels of vacation Programs and any additional terms applicable to any such vacation Program is located in EXHIBIT A (SERVICES) to this Agreement which is hereby incorporated into this Agreement by reference. You must enroll in the level of Vacation Program as part of the Enrollment Process, unless such Vacation Program level is predetermined pursuant to the terms of the offering made available to you by the third-party partner of Happiness Assurance or by the promotional offer used at the time of your enrollment.
YOU UNDERSTAND AND AGREE THAT IT MAY TAKE UP TO FOUR (4) WEEKS FROM THE DATE YOU ACCEPT THIS AGREEMENT AND COMPLETE THE ENROLLMENT PROCESS FOR THE SERVICES TO BE ACTIVATED.
2. Payment You agree that you will make any required payments on a timely basis for the Services on a monthly or annual basis (as determined by you when you enroll or if applicable, as determined by the third-party partner). In the case of direct payment, you authorize Happiness Assurance to: (a) charge your credit or debit card;(b) automatically charge your credit card or bank account on a monthly or annual basis for your recurring monthly or annual Membership renewals, as applicable; and (c) obtain automatic updates for any expiring credit cards you have provided Happiness Assurance. If your payments are more than 15 days past due, your total annual enrollment price will be adjusted to current published price, and the total paid within 10 days. In all cases, you are personally responsible for any applicable state, federal, or other taxes that may be associated with your purchase of the Services unless noted otherwise.
3. Term The term of this Agreement will continue until terminated by you or Happiness Assurance may terminate this Agreement at any time upon notice to you with or without cause. If Happiness Assurance terminates this Agreement without cause, Happiness Assurance will promptly refund to you a pro-rata portion of any fees you have already paid directly to Happiness Assurance for the Services that have yet to be provided; however, any fees paid indirectly by you through a third-party partner of Happiness Assurance or fees paid on your behalf by a third-party partner of Happiness Assurance will not be refunded to you by Happiness Assurance. You may terminate this Agreement at any time upon written notice to Happiness Assurance (or, if you obtained your membership through a third-party partner of Happiness Assurance, upon notice to such third-party partner) with or without cause. All fees paid by you are non-refundable. If this Agreement has not been terminated, it shall automatically continue indefinitely, and you shall pay (or cause to be paid) corresponding fees as published by Happiness Assurance from time to time.
Happiness Assurance is acting solely as an intermediary facilitating the booking of travel products and services provided by hotel, resorts or other travel service providers (collectively, "Travel Suppliers") in providing travel services, or in accepting reservations or bookings for such services to be provided to you. Happiness Assurance does not assume liability for any injury, damage, death, loss, accident or delay due to any fault, act of negligence, omission or default of a Travel Supplier, or by an act of God. Further, no responsibilities are accepted for any damage and/or delay due to sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or other causes. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority or entity other than Happiness Assurance. The contract of carriage in use by a Travel Supplier, when issued, shall be between the Travel Supplier and the passenger.
8.1 All bookings are final and cannot be changed, refunded, exchanged, cancelled, or transferred to another party;
8.2 The name and exact address of the hotel or resort are not shown until after final payment has been made.
8.4 Room type will be determined by the hotel or resort based on the number of guests provided at time of enrollment. All reservations are booked for stays in non-smoking rooms (subject to availability).
8.6 All hotel and resort rooms will be booked under the same name and the guest under whose name the reservation is made must be present at check-in;
8.7 Bookings made through Happiness Assurance are not eligible for hotel reward or club programs;
Further, Happiness Assurance accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or any other causes beyond Happiness Assurance control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. Happiness Assurance shall not be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability; nor shall Happiness Assurance be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through Happiness Assurance. Happiness Assurance shall not be responsible for any Provider's failure to comply with these Terms and Conditions, nor for any Provider's failure to comply with applicable federal, state and local law including, without limitation, laws governing the sale, warranty and return of perishables. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If, despite the limitation above, Happiness Assurance or their respective Providers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then Happiness Assurance or their respective Providers liabilities will in no event exceed, in the aggregate, the greater of the fee or charge you paid to Happiness Assurance. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
The limitations of liability provided in these terms inure to the benefit of Happiness Assurance and/or their respective Providers. Some jurisdictions do not allow certain limitations of damages, so the foregoing may not apply to you.
EXHIBIT A - SERVICES