TheHigherBracket Terms and Conditions
TheHigherBracket is a review site and offers users information about different types of accommodation (such as hotels, holiday homes, etc.), travel areas and services associated with travel.
- Scope of Service
1.1. These terms and conditions are subject to occasional changes and apply to all our services that are directly or indirectly provided (i.e. via third parties) via the internet, on mobile devices, by email or by telephone.
- Services and Contract
2.1. On the TheHigherBracket website, you have the ability to compare third party services via the TheHigherBracket system.
2.2. TheHigherBracket is not the provider of the compared services. The TheHigherBracket service only includes the possibility to compare various services offered by third parties. In particular, no contract for travel services is made via use of the TheHigherBracket homepage.
2.3. This agreement does not affect any other agreements between the hotel and users.
- TheHigherBracket Membership
3.1. Users have the option of joining the TheHigherBracket Membership (hereafter “Membership”). Users can register for the platform and publish self-generated content, as well as actively participate in the platform’s development via the Membership and administrative functions. Unregistered users may read the content on TheHigherBracket for free.
3.2. A user cannot register multiple times in the Membership. The user is responsible for the accuracy and completeness of their personal information. Changes in the user data are notified immediately by updating the user profile.
3.3. The user is responsible for the confidentiality of their user account information, in particular their password. They are also responsible for the use of their account with regard to TheHigherBracket and third parties. The user should not divulge this data to the use by third parties.
3.4. In the event of unauthorised use of the TheHigherBracket services using the wrong username and password, the registered user must notify TheHigherBracket immediately.
3.5. By actively participating in the Membership, the registered user becomes an independent reviewer.
3.5. Conflict of interest statement
Any individual who meets the entry criteria for membership, can, upon payment of the annual membership fee, become a member of The Higher Bracket. Such membership then affords the individual in question the right to submit reviews of any service. However a member may not submit a review of any service within the same industry as that wherein the member works or has worked within the last two years.
- Privacy, Email Advertisements
4.2. TheHigherBracket collects, processes and uses your personal data (hereafter “data”) only if we have obtained your consent or a statutory provision allows for the collection, processing or use of your data.
4.3. TheHigherBracket collects, processes or uses such data that are necessary for the performance of offered services from TheHigherBracket and/or the use and operation of the website/apps.
4.4. If the user has agreed to receive information about TheHigherBracket during registration for the Membership or at another time using TheHigherBracket’s services, the user will receive periodic product information. The consent may be revoked at any time by written communication or by email. The consent to receive emails follows after the confirmation email from TheHigherBracket is sent. By clicking on the link in the email, you will be registered to receive newsletters.
- User Obligations
5.1. The user is responsible for the acquisition of rights to the content (text, photos, reviews, links, etc.) they upload to TheHigherBracket. They ensure that they have all the rights in respect to the content they publish on the TheHigherBracket platform and thereby do not violate the rights of any third parties.
5.2. The user guarantees not to use the TheHigherBracket services to create content that:
- does not have specific content for a reviewed item,
- is not objective or intentionally untrue,
- immoral, pornographic or in any other way offensive,
- infringes upon the rights of third parties, in particular copyright,
- violates applicable laws in any way or constitutes a criminal offense,
- contains viruses or other computer programmes that may damage software or hardware or that may affect the use of computers,
- is a survey or chain letter,
- is aimed at collecting or using personal data from other users, especially for commercial purposes.
5.3. The user guarantees not to use programmes or functions to generate automated page impressions or content on TheHigherBracket.
5.4. If there is a breach in the terms and conditions, TheHigherBracket reserves the right to remove content without declaration of reason, to withhold payments earned in the TheHigherBracket Membership and to permanently ban members from TheHigherBracket. The right to prosecution of criminal acts remains unaffected.
6.1. TheHigherBracket reserves the right to terminate a user’s access and to delete their registration within a period of one week after receipt of relevant information via email about improper use of the website. The user may also terminate their own access and registration within the same period.
The right to immediate termination for good cause remains unaffected.
7.1. TheHigherBracket is not liable for the accuracy, quality, completeness, reliability or credibility of content provided by users and/or booking sites. In particular, there is no advice or information from TheHigherBracket regarding the selection of accommodations.
7.2. All agreements that arise through this service are between the TheHigherBracket user and the respective external contracting booking site. In particular, TheHigherBracket does not act as organiser or travel agency at any time. The terms and conditions of the respective organiser or travel agency apply exclusively, especially regarding the right to cancel and to withdraw. The contact for the processing of bookings and payments, as well as questions about the contract, is the respective contracting booking site. TheHigherBracket remains uninvolved in such contractual arrangements, agreements and claims between the TheHigherBracket user and the respective external contracting booking site.
7.3. TheHigherBracket does not verify the accuracy of content uploaded by the members of the Membership. TheHigherBracket has no influence on this information (in particular images, comments, reviews, etc.). The publication of user-generated content and reports on TheHigherBracket does not reflect the opinion of TheHigherBracket, in particular, TheHigherBracket does not claim this content as its own.
7.4. In particular, hyper links, advertising banners, information about accommodations, travel destinations or providers and the like are provided by booking sites and Membership members and do not represent recommendations or information from TheHigherBracket. TheHigherBracket does not guarantee the accuracy of information, in particular prices and availability.
7.5. TheHigherBracket is not liable for technical malfunctions for which the cause is not within TheHigherBracket’s sphere of responsibility or for damages caused by force majeure. TheHigherBracket does not guarantee uninterrupted availability of data and may perform technical maintenance during a freely chosen time period.
- Changes to the Terms and Conditions
The current terms and conditions when using TheHigherBracket apply. Registered users receive notifications about changes by email. Users may download and print the current terms and conditions on their own computer system.
- Applicable Law and Place of Jurisdiction
The laws of the Commonwealth of Australia apply. For business persons or individuals that do not have general jurisdiction in Australia applies as the place of jurisdiction. Otherwise the legal jurisdiction applies.