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Terms of Use & IndyKey Membership Agreement

Legal Notices

We, IndyKey Systems Inc, based in Victoria British Columbia, Canada, are the Owners and Operators of this Website and provide it as a service to our users. The IndyKey Membership Agreement Terms and Conditions are a part of this document and are below.

Please carefully review the following basic rules that govern your use of the Website. Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you (the “User”) do not agree to them, do not use the Website, provide any materials to the Website or download any materials from them.

The Operators reserve the right to update or modify these Terms and Conditions at any time without prior notice to User. Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the Website.

These Terms and Conditions of Use apply to the use of the Website and do not extend to any linked third party sites. These Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement (the “Agreement”) between you and the Operators with respect to the Website. Any rights not expressly granted herein are reserved.

Permitted and Prohibited Uses

You may use the the Website for the sole purpose of sharing and exchanging ideas with other Users. You may not use the the Website to violate any applicable local, state, provincial national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state, provincial, BC securities laws, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.

You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.

You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.

You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, provincial, national, or international law.

You are expressly prohibited from compiling and using other Users’ personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.

You also are expressly prohibited from distributing Users’ personal information to third-party parties for marketing purposes. The Operators shall deem the compiling of marketing and mailing lists using Users’ personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users’ personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Operators reserve the right to terminate or suspend your access to and use of the Website and to suspend or revoke your membership in the consortium without refund of any membership dues paid.

The Operators note that unauthorized use of Users’ personal information in connection with unsolicited marketing correspondence also may constitute violations of various state, provincial and federal anti-spam statutes. The Operators reserve the right to report the abuse of Users’ personal information to the appropriate law enforcement and government authorities, and the Operators will fully cooperate with any authorities investigating violations of these laws.

User Submissions

The Operators do not want to receive confidential or proprietary information from you through the Website. Any material, information, or other communication you transmit or post (“Contributions”) to the Website will be considered non-confidential.

All contributions to this site are licensed by you under the MIT License to anyone who wishes to use them, including the Operators.

If you work for a company or at a University, it’s likely that you’re not the copyright holder of anything you make, even in your free time. Before making contributions to this site, get written permission from your employer.

User Discussion Lists and Forums

The Operators may, but are not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. The Operators, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Operators may edit or remove content on the the Website at their discretion at any time.

Use of Personally Identifiable Information

Information submitted to the Website is governed according to the Operators’s current Privacy Policy and the stated license of this website.

You agree to provide true, accurate, current, and complete information when registering with the Website. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provides any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Website.

Although sections of the Website may be viewed simply by visiting the Website, in order to access some Content and/or additional features offered at the Website, you may need to sign on as a guest or register as a member. If you create an account on the Website, you may be asked to supply your name, address, a User ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Website using your account or User ID. You grant the Operators and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website and in the provision of services to you. The Operators cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using website. To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy.

Indemnification

You agree to defend, indemnify and hold harmless the Operators, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of the Website, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.

Termination

These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Website. If you are dissatisfied with the Website, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website. The Operators reserve the right to terminate or suspend your access to and use of the Website, or parts of the Website, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Operators have reason to believe that you are in violation of these Terms and Conditions of Use.

WARRANTY DISCLAIMER

THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE OPERATORS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.

IN NO EVENT SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

THE OPERATORS’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE OPERATORS WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.

General

The Website is hosted in the United States and Operated from Canada. The Operators make no claims that the Content on the Website is appropriate or may be downloaded outside of the United States or Canada. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party’s principal place of business, attention of that party’s principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of the Operators to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the Operators’ rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User’s use of the Website must be brought in the courts of Belgium, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.

Links to Other Materials

The Website may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the Operators offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and the Operators reserve the right to note its lack of affiliation, sponsorship, or endorsement on the Website. If you decide to access any of the third party sites linked to by the Website, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the Operators cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Notification Of Possible Copyright Infringement

In the event you believe that material or content published on the Website may infringe on your copyright or that of another, or have questions about our Terms of use policy, please contact us at Chief Information Officer by emailing help@indykey<dot>com

IndyKey Membership Agreement Terms & Conditions

Participation in the IndyKey travel rewards (the “Rewards Program” program is based on the following information. The benefits of the Rewards Program are offered at the sole discretion of IndyKey Systems Inc. (“IndyKey”) its affiliates, subsidiaries, the owners and operators of the participating hotels, resorts or vacation rentals and their respective directors, agents, employees or partners. IndyKey may be affiliated with various Hotel, Resort or Vacation Rental brands (“Affiliates”). These brands maintain their independence from IndyKey and may have unique rules, regulations, terms & conditions and practices which are their own. IndyKey may add or delete Independent Hotels or groups of hotels, or resorts, or vacation rentals, at their sole discretion. Membership in the Rewards Program (“Membership”) is subject to IndyKey terms and conditions. Any new terms and conditions automatically supersede past Rewards Program terms and conditions.

The Rewards Program terms & conditions are designed to protect IndyKey members, and their Affiliates. Your participation in the IndyKey Rewards Program is subject to these terms and conditions and you are responsible to read and understand the terms and conditions.

The Terms and Conditions include the IndyKey Privacy Policy which describes and governs how any data you provide IndyKey is utilized. The Rewards Program Terms and Conditions are governed under the laws based in British Columbia, Canada. Membership in the Rewards Program is null and void in any jurisdiction where such membership is prohibited by law.

You must elect NOT to join this program if you do not agree to the terms and conditions of the IndyKey Rewards Program. Any continued use of the program means that you accept the terms and conditions of the Rewards Program

1. Rewards Program Operator

  1. The Rewards Program is operated by IndyKey Systems Inc. of 777 Fort Street in Victoria BC V8W 1G9.
  2. IndyKey reserves the right to transfer or assign the rights and obligations as defined by the Rewards Program. In the event of such assignment or transfer the new entity shall be responsible for performance.
  3. IndyKey membership is exclusive, and is granted at the sole discretion of IndyKey.
  4. The Rewards Program, nor any benefit provided by the program, constitutes any legal or contractual rights of members against IndyKey or its Affiliates.
  5. IndyKey is not the agent or formal partner of any Affiliate, nor anything in the terms and conditions is meant to construe such agency.
  6. In the event of abuse or fraud, IndyKey has the right to take appropriate action, including legal, administrative, and termination of the Rewards Program membership. Abuse is defined at the sole discretion of IndyKey.
  7. IndyKey is not responsible for:
      1. Theft of IndyKey Points, beyond the reasonable control of IndyKey and its agents.
      2. Unauthorized redemption of IndyKey Points, beyond the reasonable control of IndyKey and its agents.
      3. A member’s loss of Rewards Program membership information resulting in costs for services at an Affiliate.
      4. Omissions or inaccuracies of any information provided by the Affliates to IndyKey, which may be published on the IndyKey website.
      5. We reserve the right to correct any errors on the IndyKey website, without notice nor compensation to any Rewards Program Member.

2. General Rewards Program Terms & Conditions

  1. IndyKey has the right to change, terminate, modify, alter, limit, cancel any and all Rewards Program rules, for earning and redeeming IndyKey Points, adding or removing tiers, levels, badges, benefits and all aspects of the Rewards Program, even though these actions may affect the ability for a Member obtain Rewards Program benefits of negatively impact the Membership.
  2. IndyKey and its agents may:
    1. Increase or decrease the amount of points required for any Rewards Program benefit.
    2. Change, modify, withdraw, delete or add any Rewards Program benefit.
    3. Create blackout dates for any Rewards Program benefit.
    4. Change, add, delete, modify any Affiliate Hotels and the condition for earning, participating and using Rewards Program benefits.
    5. Cancel, change, modify or alter any aspect of the Rewards Program without notice.
  3. Members do not receive or retain any vested rights in the Rewards Program by accumulating points or through any other means.
  4. Rewards Program benefits are subject to availability.
  5. Members are responsible for keeping up to date as to the Terms and Conditions and the number of points in their account.
  6. If an Affiliate denies an Rewards Program member a benefit, whether actual or not, IndyKey’s liability shall be limited to the value of such benefit, determined exclusively by IndyKey.
  7. IndyKey makes no warranties or representations, either expressed or implied, and expressly disclaim all liability (including consequential damages) with respect to type, quality or fitness of goods or services provided through the Program
  8. All interpretations of the Rewards Program Terms and Conditions shall be at the sole discretion of IndyKey.
  9. We try to keep the information on the IndyKey website up to date and accurate. We are not responsible for any errors omissions or inaccuracies represented on the site.
  10. These Terms and Conditions are governed by and shall be construed in accordance with the laws of British Columbia, in Canada, and are subject to the exclusive jurisdiction of the applicable courts in British Columbia, Canada.
  11. The earning and redeeming of IndyKey Points, and Membership are subject to all applicable local laws and regulations. Membership, Membership benefits, and awards are offered in good faith, however they may not be available or are subject to change if prohibited or restricted by applicable law or regulation.
  12. Any dispute which cannot be resolved between the parties, and causes of action arising out of or connected with the Rewards Program, shall be subject to the Rewards Program’s Limitation of Liability.
  13. The same valid email address and or a mobile phone number, utilized for creation of your IndyKey membership profile, is required to make reservations at an Affiliate property.

3. Changes to Terms & Conditions

  1. IndyKey will change the terms and conditions from time to time, as necessary. The changes will take effect immediately, unless otherwise stated. IndyKey will not notify members of any changes. The Rewards Program Member is obligated to review any changes to the Terms and Conditions on the IndyKey website. These changes will be posted on the IndyKey website at IndyKey.com

4. Membership Fees and Eligibility

  1. Membership in the IndyKey Rewards Program is available to individuals “you” as laid out in these Rewards Program Terms and Conditions.
  2. Currently there is no initiation or enrollment fee for the Rewards Program. All Members enrolled as “General Members” providing that the individual is of the age of majority, and resides in a jurisdiction where such Rewards Programs are legally permitted.
  3. IndyKey reserves the right to charge a fee for specific upgrades and rewards, varying membership levels, or any other aspect of the Rewards Program, without notice.
  4. Corporations, meeting planners and similar entities, are free to enroll, under the identity of the company.
  5. Individual members are not permitted to maintain or open multiple accounts, nor earn  Points through opening multiple accounts, referring from multiple accounts or voting on destination properties from more than one single personal account.
  6. IndyKey reserves the right to refuse, or terminate, Membership to any Individual, Corporation or entity for without providing any reason.
  7. You will be enrolled in the Program and become a Member from the moment you register or social connect on our website.
  8. An active member is defined as any member having point activity (accrual or redemption) within the last 24 months.

5. Cancellation of Membership

  1. IndyKey reserves the right to cancel Rewards Program Membership and revoke any and all unredeemed IndyKey points generated by any Member who appears to be using the Rewards Program in a manner inconsistent with the Terms and Conditions or intent of the Rewards Program or any portion of the Rewards Program, and for reasons that include, but are not limited to:
    1. Violation of these Terms and Conditions;
    2. Misrepresentation of any information or any misuse of this Rewards Program;
    3. Violation of any national, provincial, state or local law or regulation in connection with the use of membership privileges;
    4. Failure to pay for hotel charges;
    5. A cheque to an IndyKey Affiliate that is returned for insufficient funds or is invalid for any reason;
    6. Commission of fraud or abuse involving any portion of this Rewards Program;
    7. More than one active account per member, or inadvertent multiple accounts for each member must be merged or membership may be null and void.
    8. Action, in any other way, to the detriment of the Rewards Program or any of its alliances; all as may be determined by IndyKey in its sole discretion.
  2. Members who do not earn points in any 24 consecutive months may be removed from the IndyKey Program, or charged a fee to reinstate their Membership, and may forfeit all accumulated points, at the sole discretion of IndyKey.
  3. You may cancel your Membership at any time by giving written notice of cancellation to help@indykey.com.  If you do this, all unredeemed IndyKey points will be forfeited immediately and may not be reinstated or transferred.

6. Rewards Program Availability

  1. The Rewards Program has no predetermined termination date and may continue until such time as IndyKey decides to terminate the Program, at any time, with or without notice.
  2. If the Rewards Program is terminated, all unredeemed points shall be forfeited without any obligation or liability, and no award claims shall be honoured after the conclusion of any notice period.

7. Limitation of Liability

  1. IndyKey shall not be liable to any person for any action taken or neglected to be taken with respect to the Program, except for errors in posting IndyKey points to Rewards Program accounts.
  2. The sole remedy available to you in connection with the Rewards Program (whether your claim is based in law or equity) shall be the crediting or re-crediting to your Rewards Program account of IndyKey points in an amount no greater than the number of IndyKey points at issue. In no event shall we be responsible or liable for special, consequential, extraordinary or indirect losses or damages, including any lost profits.
  3. IndyKey will attempt to send correspondence to active Rewards Members to advise them of matters of interest, including notification of Rewards Program changes. However, neither IndyKey, nor companies participating as partners in the Rewards Program will be liable for any failure to do so and will not be responsible for incorrect or inaccurate transcription of entry information, for problems related to any of the equipment or programming associated with or utilized by the Member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access any Web site or on-line service, for any other technical or non-technical error or malfunction, for lost, late, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail or other mail for whatever reason.

8. Privacy

  1. In order to join the Rewards Program, you must agree to the IndyKey Privacy Policy.

9. Account Access

  1. You are able to use usernames, passwords, or other codes or devices to gain access to restricted portions of the IndyKey website.
  2. IndyKey maintains a personal preference profile for IndyKey members, containing information provided by you.
  3. We will use this information to expedite reservations, check-in, and check-out processes and to help us determine which areas to seek additional IndyKey Affiliates
  4. If you provide credit card information, hotels will use it to guarantee your stay and may apply your stay charges to that credit card.
  5. We provide an account portal where you can view your IndyKey points balance, and other account information.
  6. The content contained in such restricted areas is confidential to IndyKey, and is provided to you for your personal use only.
  7. We reserve the right to prohibit any access to your IndyKey Rewards account, on your behalf by third parties where we determine that such use interferes with our site’s operation or results in commercial benefits for other entities to our detriment.

10. Address Changes

  1. Each Member is responsible for advising IndyKey of any email address change, and updating their Rewards Program account information accordingly through visiting the my account page on IndyKey.com
  2. Each Member is responsible for advising IndyKey of any physical home address changes. We shall have no responsibility for misdirected or lost mail or any consequences thereof.

11. Taxes

  1. The Rewards Program Membership benefits and rewards may be subject to income or other taxes.
  2. The recipient is responsible for paying all such taxes and for making all applicable disclosures to third parties, including the party who paid for the transaction from which you earned IndyKey points.
  3. We will not be liable for any tax liability, duty or other charges in connection with the issuance of Rewards Program Membership benefits or rewards.

12. Service Fees

  1. IndyKey reserves the right to charge services fees for any aspect it deems appropriate, in the normal course of business for the Rewards Program.

13. Rewards Program Violations

  1. Rewards Program violations, fraud or abuse in relation to point credit or Rewards usage is subject to appropriate administrative and/or legal action by appropriate governmental authorities and by IndyKey, including, without limitation, the forfeiture of all point transfers, rewards, or any Loyalty Nights issued pursuant to point redemptions and any accrued points in your account, as well as cancellation of the account and your future participation in the Rewards Program.

14. IndyKey Membership

  1. Individuals and Corporations are eligible for IndyKey membership. Each Individual and Corporation, may maintain only one account.
  2. Merging accounts:
    1. Multiple accounts belonging to the same unique individual or corporations may be merged;
    2. The member’s surviving account will become the beneficiary of the merged accounts’ accrued points and room nights;
    3. Verification of accounts to be merged is at the sole discretion of IndyKey customer service and IndyKey customer service may request verification of personally identifiable information and/or submission of hard-copies of documentation to validate ownership of each account to be merged;
    4. Merging of verified accounts will be competed at the sole discretion of IndyKey and processed within 30 days of verification of all accounts to be merged.
  3. Corporations, groups and/or associated entities can enrol as IndyKey members.
  4. You should not give your Membership number or password to any other person.
  5. You are responsible for all activity in your Program account through the use of your password by another person, whether a member of your family, household, staff or otherwise.
  6. After joining the IndyKey Rewards program, a your membership identification is based on the email address supplied via registration, or social plugin connect. Your mobile phone number may be utilized for email resetting, and or pre-arrival services at IndyKey Affiliate Hotels. A member is becomes eligible to earn IndyKey points as soon as registration is completed.
  7. We maintain a personal preferences profile for IndyKey members, containing information provided by you. We may use this information to expedite reservations, check-in, and check-out processes. If you provide credit card information, hotels will use it to guarantee your stay and will apply your stay charges to that credit card.
  8. You may be able to change your credit card authorization for future transactions by logging into your IndyKey account online.
  9. You should notify IndyKey if your authorized credit card is lost, stolen, invalidated or has expired.
  10. By using your Membership card or your Membership number to earn or redeem IndyKey points, you agree that (i) you have read, understood and accepted these Terms and Conditions, (ii) you are eligible for Membership; and (iii) you consent to IndyKey processing data that is personal to you, and disclosing such data to third parties, in accordance with the IndyKey Privacy Policy.
  11. If you require clarification or further information, you may send an e-mail to help@indykey.com Please note however, Rewards Program Terms and Conditions cannot be superseded or changed except in writing from IndyKey.
  12. Any waiver of any breach of these Terms and Conditions by you shall not constitute a waiver of any other prior or subsequent breach of these Terms and Conditions. Our failure to insist upon strict compliance with these Terms and Conditions by any Member, shall not be deemed a waiver of any rights or remedies that we may have against that or any other Member.

15. Points

  1. The accumulation of IndyKey points is subject to the IndyKey Reward Program Rules.
  2. Each member is responsible for reading the IndyKey Reward Program Terms and Conditions, newsletters, and account e-statements in order to understand his or her rights, responsibilities, and status in the program.
  3. To earn IndyKey points for hotel and resort stays, a Member must be a registered, paying guest at a participating IndyKey Affiliate hotel, resort or vacation rental and meet all of the conditions described in the Reward Program Terms and Conditions, including providing a valid membership identification email or mobile phone number at the time of booking.
  4. IndyKey points have no cash value and we will not pay you cash for any forfeited or unused points.
  5. Accrued points and Award Nights or other Membership benefits may not be sold, bartered or transferred (other than by IndyKey).  Any attempted transfer, sale or barter by you or on your behalf, outside of any authorized channels on the IndyKey website, will be void.
  6. We and/or our Reward Program Affiliates may refuse to honour or recognize any IndyKey points, Award Nights, rewards or Membership benefits which we or they conclude have been transferred, sold or bartered outside the authorized channels on the IndyKey Website.
  7. Any points, Award Nights or benefits which IndyKey deems to have been transferred, sold, bartered or assigned in violation of Rewards Program Terms and Conditions may be confiscated or cancelled.
  8. Except as specifically provided herein, neither accrued points nor Award Nights are transferable in the event of death, divorce, as part of a domestic relations matter, inheritance or otherwise by operation of law.
  9. IndyKey points can be earned through IndyKey defined participating IndyKey hotels, resort, vacation rentals or other partners. Participating hotels and partners are subject to change at any time, without notice. Please visit IndyKey.com for a list of participating IndyKey hotels, resorts and vacation rentals. Additions and deletions to the list of participating hotels will be announced from time to time.
  10. IndyKey points can also be earned through various IndyKey promotions from Hotels, Resort and Vacation Rentals, Airlines, Cruises or other travel groups, that are NOT affiliated with IndyKey, in any way. These promotions, vary from time to time, may be temporary or permanent in nature, and are at the sole discretion of IndyKey. Changes to these promotions may be published on IndyKey.com and/or distributed through member email communications.
  11. If a hotel, resort or vacation rental ceases to be a Participating Affiliate, all stays subsequent to such date will not be eligible to earn IndyKey points regardless of when the reservation was made.
  12. The awarding of IndyKey points and the redemption of IndyKey Rewards are void where prohibited by law.
  13. Members can earn bonus points and/or bonus stay credit toward a higher level status, from only one promotion at any given time. If two or more overlapping promotions for which a member qualifies to earn either such bonuses, only the single promotion providing the greatest bonus to the member will apply.

16. Points for Stays

  1. A Stay is defined as one night or total nights spent at the same participating hotel, regardless of frequency of check-in/check-out.
  2. At all participating IndyKey hotels worldwide, or any Hotel, Resort or Vacation Rental approved by IndyKey, you will receive ten (10) points for each US dollar or local currency equivalent, with exception of Canadian dollars being considered as “on par” with the US dollar, for the amount of your hotel, resort or vacation stay guest folio. (“Guest Folio”) The Guest Folio may include, all accommodation fees, taxes, and Spa, Food & Beverage spend at the participating IndyKey Affiliate property.
  3. “Paid” shall mean “receipt of good funds”.
  4. Accordingly, if you stop payment on a cheque, if a cheque bounces, or if you dispute a credit card bill, you have not “paid” and you will not earn IndyKey points on that transaction.
  5. A Rewards Program Member may earn IndyKey points for up to 50 rooms per stay, if all eligible charges for each room are paid on one Guest Folio. Points will be earned for all eligible Guest Folio charges incurred on such rooms. Any bonus points issued, are subject to the terms and conditions of any IndyKey program or promotion, to be defined, at the time of the promotion.
  6. Points awarded for stays at participating hotels outside Canada and the United States will be based on local currency converted to US dollars. Local currency will be converted into US dollars, using a published rate of exchange in effect at time of conversion. This rate will be determined at IndyKey’s sole discretion, based on standard currency conversion methods but may vary from currency conversion rates used by credit card companies.
  7. Points may be earned on any cash portion of payment, when redeeming a IndyKey Rewards, of travel partners or other promotional offerings.
  8. When redeeming a reward, the member may earn points for incidental charges for the stay at participating IndyKey hotels, resorts and vacation rentals, which will vary by hotel, resort & vacation rental.
  9. Any IndyKey points offered in conjunction with specific hotel, resort or vacation rental stays will be considered earned when the stay has been fully paid.
  10. Points will not be available for redemption before the stay has been paid and the points have been reported to the Member.
  11. We reserve the right to deduct any IndyKey points credited to a IndyKey Membership account in error without notice. If refunds are made to you in respect of goods or services for which you received IndyKey points, IndyKey will adjust the number of IndyKey points awarded.
  12. No other person except the member may earn points for his/her account.
  13. Points for a stay will only be awarded to one IndyKey member regardless of the number of members occupying a room.

17. Eligible Stays

  1. An “Eligible Stay” is one or more consecutive nights a participating IndyKey property, whether or not you checked-out and checked back in, during which you paid an Eligible Rate and presented your IndyKey email or mobile phone number linked to your account at registration.
  2. An “Eligible Night” is each night during an Eligible Stay.
  3. All stays and nights are deemed to occur on the date of check-out.
  4. Stays in which you used a Award Night or paid through a pre-paid third party channel, do not count as “Eligible Stays” as you did not pay an Eligible Rate.
  5. Eligible Rates include the following room rates paid for hotel room nights: non-discounted room rate, standard corporate rate, worldwide sales negotiated rate, national/regional/local government rate and specified leisure rates. Eligible rates vary by hotel. Please refer to the  website for all eligible and non-eligible rates and charges.
  6. Points will be awarded for rooms booked through participating the IndyKey Website, the Affiliate Hotel, Resort or Vacation Rental central reservation offices, participating IndyKey Affiliate web sites or directly at participating IndyKey hotels and when a valid membership number is presented at booking.
  7. Excluding IndyKey special promotions, IndyKey points will only be awarded for Stays booked through IndyKey.com or the Affiliate Hotel, Resort or Vacation Rental’s “direct” home website. IndyKey reserves the right to not award Points from ANY sources of Hotel, Resort & Vacation Rental Bookings, including, but not limited to:
    1. Wholesale/tour operator packages and group rate, room rates that are master billed or paid at tour operator rates, wholesaler rates, including travel industry staff rates, TAED rates, and crew room rates, contracted airline crew rates, room rates for group commercial or group leisure bookings (where rooms are booked as part of a conference or organized tour or where the bookings for six or more rooms are linked), complimentary rooms (including, but not limited to, any Award Nights earned through the program or otherwise), travel industry rates (including but not limited to travel agent discount rates), distressed passenger rate, complimentary or barter rooms, employee discount rate, stays on NET Group, Series Group or IT Group rates, contracted Entertainment or Encore rates and stays using airline percent-off award certificates.
    2. Stays and pre-paid rooms that are booked by an agent or via third party websites in which you pay for that booking directly to such third party, such as tour or tour operators, and pre-paid channels, including, but not limited to priceline.com, expedia.com, hotels.com, hrn.com, hotwire.com, lastminute.com, site59.com, orbitz.com, travelocity.com, cheaptickets.com, quickbook.com, travelweb.com, lodging.com, yahootravel.com, and msntravel.com, irrespective of rate paid, for the purpose of earning points or stay credit toward higher level status status.
    3. Stays booked via “opaque” channels where the brand is unknown at the time of purchase are not Eligible Stays for the purpose of earning points, or stay credit toward higher level status, or the receipt of higher level benefits such as upgraded accommodations / amenities or access to health clubs.
    1. No point or stay credit or credit toward level status will be awarded for “no show” situations when a member has made a reservation guaranteed with a credit card but then does not check in to the hotel–irrespective of whether or not the member’s credit card is charged for any portion of the reserved stay per the hotel’s “no show” policy.
    2. IndyKey points are not awarded for fractions of a Canadian dollar spent. However, they are able to be earned for dollars spent on tax, VAT, GST, service charges, gratuities or hotel incidentals.
    3. Charges not billed to your room, fees paid such as parking, business centre, green fees, spa fees, food & beverage fees, gift shop/retail store purchases, and meeting charges are eligible for IndyKey points. These ancillary charges and fees may be subject to verification through proper documentation and receipts.  Hotel, Resort & Vacation Rental Affiliates may omit, for purposes of point accrual, incidental charges or charges to the Member’s room for non-affiliated hotel entities which are not owned and/or operated by the hotel including, but not limited to, food and beverage outlets, gift shop, drugstore, clothes, gallery or specialty stores, and recreational or entertainment concessions.
    4. A Member whose individual hotel bill is billed directly to a company and the Member is responsible for authorization for settlement at check-out is eligible for IndyKey points. Group master-billing arrangements where charges for multiple rooms are placed on one hotel bill and billed to a company or common address or settled at check-out by one individual are eligible for points accrual under the individual or corporate member responsible for the payment and settlement of the account.  Incidental charges (those charged to a Member’s room) paid for directly by the Member at check-out may be eligible for point credit. Incidental charges billed to a master bill are eligible for point credit, and subject to verification by IndyKey.
    5. You may earn IndyKey points for Eligible Charges paid by you during your stay even if the room charge was not an Eligible Charge. However, if the room charges are not Eligible Charges, the stay will not count as an Eligible Stay or Eligible Night towards higher levels of IndyKey Membership or for threshold bonuses and promotions.

18. Currency Conversion

  1. Currency rates are based on publicly available sources and should be used as guidelines only.
  2. Room rates are guaranteed only in hotel, resort or vacation rental’s local currency.
  3. Currency quotes are updated once a week only.
  4. Any currency information supplied by IndyKey’s web site is believed to be accurate, but IndyKey, its subsidiaries and affiliates do not warrant or guarantee such accuracy.

19. IndyKey Benefits

  1. A number of services and benefits (‘Benefits’) are available to IndyKey Members.
  2. These Benefits are offered solely at the discretion of IndyKey, and the individual participating hotel, resort or vacation rental and will change from time to time.
  3. Benefits and services provided by participating hotels, resorts and vacation rentals, vary from property to property, and all services & Benefits are not available, at all Affiliates.
  4. In the event an IndyKey Member is improperly denied an amenity or Benefit by a participating hotel, liability will be limited to the equivalent value of that Benefit as determined solely by IndyKey.

Current IndyKey Reward Benefits (“Reward Benefits”)

Silver Level Reward Benefits: To be announced

Gold Level Reward Benefits: To be announced

Platinum Level Reward Benefits: To be announced

IndyKey reserves and its travel partners, and hotel, resort or vacation rental affiliates, reserve the right to add, change, modify, limit, or cancel program rules, regulations, rewards, reward levels, tier-level benefits and/or qualifications at their sole discretion, anytime with or without notice. This may include increasing levels or number of points required for a reward, changing rewards or points/miles earned, adding unlimited blackout dates, limiting rooms available for reward redemptions, changing participating hotels, eliminating any benefit or changing or cancelling our travel partner rewards without notice. This may result in certain rewards not being available.

20. Account Activity

  1. IndyKey account activity and transaction history is found in the Member’s account information section of the website.
  2. Paper or mailed statements are not available, members are welcome to print off their account history.

21. Point Adjustments

  1. You are responsible for ensuring that your points or miles are properly credited to your account.
  2. If you believe your account activity statement is inaccurate, please visit the “Add Points” section of the website.
  3. Be prepared to upload an image or scan, of your hotel Guest Folio (paid hotel receipt) to IndyKey for review.
  4. Failure to supply the adequate and unaltered documentation may result in denial of such point credit.
  5. For the Member’s protection, all hotel travel documentation should be retained by the Member until the point credit has appeared on his or her account.
  6. The points listed in your IndyKey account are subject to change to reflect actual stay information, any adjustments and Reward Program changes.
  7. Allow approximately two to four weeks for the stay to be credited to your account.
  8. Requests to add or modify IndyKey stays must be received within 180 days of the stay.

22. Rewards Benefits Redemption

  1. Members are able to redeem IndyKey points for rewards through booking on the IndyKey.com website, directly through the Hotel website, or by contacting the voice reservations for of the Affiliate hotel, resort or vacation rental.
  2. Rewards shown online may be redeemed while they remain available.
  3. All confirmations of Reward Benefit redemptions are confirmed by the Hotel, Resort or Vacation Rental, not IndyKey.
  4. No paper certificate is required at the time of check-in.
  5. Your member linked email address, or mobile phone number linked to your IndyKey account is required for check-in.
  6. In order to qualify for a Reward Benefit, the IndyKey member must have sufficient points in his or her account to redeem the Reward from the current Reward chart.
  7. When a Reward Benefit is requested, the corresponding number of points for that Reward Benefit level will be deducted from the Member’s account.
  8. The Reward Benefit may be issued to the Member, any person in the Member’s family, or to any other IndyKey member. Once issued, Reward Benefits are not transferable and may be used only by the individual named on the reward. If a person other than the individual named on the reward benefit documentation attempts to redeem the reward, the reward will be deemed void and accommodations will be denied.
  9. Reward Benefits may not be sold, auctioned, bartered, brokered or purchased except with the express written consent of IndyKey. Any Rewards Benefits obtained in this manner by any person or entity will be considered to have been fraudulently obtained and will be deemed void if transferred for cash or other consideration.
  10. Altered Reward Benefit Confirmations are void and will not be honoured.
  11. Reward Benefits will not be replaced, reissued or credited if lost, stolen or otherwise destroyed.
  12. Reward Benefit usage is subject to capacity controls, which limit the availability of rooms. Additionally, usage of Rewards may also be limited during certain times of the year. Additional blackout Dates may be imposed with or without notice.
  13. It is solely the responsibility of the IndyKey Member to be informed about the Program and to request the specific Rewards online.
  14. Reward Benefits may not be combined with other certificates, discounts, packages or promotional offers unless otherwise specified by IndyKey.
  15. Rewards Benefits cannot be redeemed for cash, prizes or credit.
  16. Rewards Benefits are not exchangeable.
  17. Points which have been deducted from the IndyKey Member’s account, may be redeposited provided that Member cancels reward before the cancellation deadline. Points used for Rewards will be redeposited into the original account from which the points were deducted prior to the expiration date of the documentation.
  18. Any promotional Reward Benefits involving no point deduction will not be extended beyond the validity date, exchanged or re-deposited for points or future use into Member’s account. Rewards are void where prohibited or restricted by law.
  19. IndyKey Rewards Benefits may be substituted by IndyKey at any time without notice with an equivalent Reward Benefit
  20. Determination of Reward equivalency is at the sole discretion of IndyKey.
  21. IndyKey is not responsible for, and assumes no liability for, transportation or other services our partners provide or fail to provide.
  22. Members residing in countries where redemption of points for IndyKey rewards, partner rewards or reward benefit redemption is prohibited or restricted are not eligible for such rewards.
  23. If a property ceases to be a Participating IndyKey hotel, after you make a reservation but before your stay, we will use reasonable efforts to have the hotel honour the reservation, however, we cannot guarantee that any IndyKey Reward Benefit upgrades will be honoured.
  24. You will not earn IndyKey points, and special offers will no longer be valid, after the date on which a property leaves the system or terminates participation, even if your reservation was made prior to that date.
  25. IndyKey, participating IndyKey hotels, our Rewards Program affiliates and any of our respective subsidiary and/or affiliated companies, and our respective officers, directors, and employees, in arranging and/or providing hotel accommodations or other services such as tickets, or merchandise through certificates or otherwise, do so on the express condition and agreement that none of us are or will be liable for any loss or injury, including death, damage, accident, delay, irregularity or expense arising out of, relating to, or resulting from, strikes, war, weather, quarantines, sickness, accidents, government restrictions or regulations, or from any act or omission of third-parties, including any individual firm or corporation furnishing transportation, sightseeing or other service or goods whether or not advertised, nor for any additional costs or expenses due to disruption or change of schedules, rates, accommodations, or services or for any other cause beyond their direct control.
  26. In addition, none of us are or will be responsible for refunds that may be due to any person from ground transportation, boat tours, or other third-party provider of services. All such claims for refunds must be made in accordance with the rules and regulations of the party from whom such refund is due.
  27. All costs, rates, tariffs and other charges and program features are subject to adjustment at any time without prior notice, and provisions of the hotel accommodations, ground transportation, tickets and other services are subject to availability.
  28. Performance is also subject to applicable laws, orders, or regulations of any governmental authority exercising jurisdiction and the right is reserved to withdraw IndyKey Reward Benefits should conditions warrant, as well as to refuse to provide accommodations to any person in accordance with applicable laws.

23. Rewards Benefits Cancellation

  1. Reward Benefits may be cancelled through cancellation of the IndyKey Member’s reservation with an IndyKey Affiliate Hotel directly.
  2. Reward Benefits and reservations may not be cancelled through IndyKey.
  3. Participating IndyKey Affiliate hotels standard guarantee policies and cancellation policies apply for all hotel reward benefits, as well as all other reservation and use of services requirements. These requirements include standard reservation requirements such as, but not limited to, minimum length of stay requirements and charges for late cancellation.
  4. Cancellation policies vary by Affiliate hotel. It is the member’s responsibility to review the hotel’s cancellation policy prior to requesting the reward or making reservations.

24. IndyKey’s Point Transfer Program

  1. Point transfers may be completed from the IndyKey member’s account page, when logged in the Account section of the website.
  2. There is no minimum point transfer.
  3. The maximum points transfer is 50,000 points.
  4. There is no charge for transferring points online.
  5. All IndyKey point transfer requests must be made online in the Account section of the website.
  6. No cancellations or refunds are permitted. All points transfers are final.
  7. Members can not transfer points to upgrade or maintain tier status.
  8. The transfer and use of these IndyKey points are subject to the rules, regulations, terms and conditions of the IndyKey Program, which are published from time-to-time and which are subject to change without notice.
  9. The sale, barter, gift or assignment of IndyKey points, point awards or other benefits, other than by IndyKey, is expressly prohibited.
  10. Any improper usage of IndyKey points pursuant to this Agreement and IndyKey’s Point Transfer Program, or any other misuse of points, shall be grounds for immediate confiscation and forfeit of such points, and may be grounds for the forfeiture of all points in the Member’s account and the Member’s ejection from the IndyKey Program.
  11. Other than as stated above, no transfer of IndyKey points may occur.

25. Restricted by Law

  1. This Program or participation therein is not valid and/or the awarding of IndyKey points or miles/credits and/or the granting of rewards is void where prohibited or restricted by law.

26. Communications

  1. You may check  you your IndyKey points balance at any time via the account section of the website and IndyKey may periodically send you your points balance via email.
  2. IndyKey may also send you promotions, offers and other communications from time to time, which may include items from third parties. The items we send may be targeted to you based on the information you have provided to us and additional data we maintain.
  3. All Program communications will be sent to you at the mailing address and/or e-mail address which you provide by creating your IndyKey membership.
  4. Communications will be deemed to have been received by you if sent to your member registered email address, 1 business day after sending if we sent it to the e-mail address provided. In the event we send you physical mail, it shall be deemed delivered 5 business days after sending if we sent it to the mailing address provided. You are responsible for keeping your address current by updating your preferences from the link provided on our periodic email communications to you.
  5. You can view your IndyKey points balance and transaction history, update your personal details, and change your communications preferences at any time by Click here for your region’s Customer Service Centre information. If you telephone a Customer Contact Centre, for security reasons we may ask you for your date of birth and/or other information to verify your identity. We may monitor telephone calls to improve the quality of service.

27. Statements, Errors and Retroactive Claims

  1. IndyKey may, at any time, correct the amount of IndyKey points shown as credited to your account, without notice.
  2. Submit your request here: in the “Add Points” section of the website if you feel you have not been properly credited for a stay to generate points.
  3. If we improperly deny a IndyKey point accrual or a IndyKey Membership benefit, our liability is limited to the proper posting of IndyKey points to your account.

28. Affiliate Hotels Terms & Conditions

  1. Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any IndyKey Affiliate Hotel with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Affiliate rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

29. IndyKey Member Services

Should you have any questions about the IndyKey Program, please simply ask, by emailing help@indykey.com