Website terms and conditions of use

These Terms and Conditions of Use list the rules that must be observed by you when accessing or using the functionalities on the Wish Administradora de Hotéis Ltda. Group websites. (“Wish Group”, “Site”), listed below:

• https://www.grupowish.com.br/
• https://www.wishhotels.com.br/
• https://www.prodigyhotels.com.br/
• https://www.linxhotels.com.br/
• https://www.marupiarahotel.com.br/

As a condition for accessing and using the exclusive features of the website, you declare that you are over 18 (eighteen) years old and that you have completely and carefully read the rules of this document and the Privacy Policy, being fully aware, thus granting your free agreement with the terms stipulated here.

By browsing the website and using its features, you accept and agree to the Terms and Conditions of Use that are in force on the date of access.

1. RESPONSIBILITIES OF THE WISH GROUP

1.1. The website and its features are presented to you as they are available, and may undergo constant improvements and updates, with the Wish Group committing to:

• a) Preserve its functionality, with unbroken links and using a layout that facilitates usability and navigability, whenever possible;
• b) Display the functionalities in a clear, complete, precise and sufficient manner so that there is an exact perception of the operations carried out; and
• c) Protect, through the available state of the art, the data collected by the available functionalities.

1.2. Grupo Wish makes its best efforts to maintain the continuous and permanent availability of the website. However, there may occasionally be some temporary unavailability resulting from necessary maintenance or even caused by force majeure, such as natural disasters, failures in communication and Internet access systems or third-party events that fall outside the sphere of surveillance and responsibility.

• 1.2.1. If this occurs, Grupo Wish will do everything in its power to reestablish access to the website as soon as possible, within the technical limitations of our services and third-party services, on which we depend to stay online.
  
• 1.2.2. The Wish Group reserves the right to change the established rules and criteria, type of services provided, companies responsible for their intermediation and anything it deems necessary for the correct functioning of the website.

1.3. You do not have any right to demand the availability of the Wish Group nor will you be able to claim compensation or compensation for damages if the website remains offline, regardless of the reason.

1.4. Wish Group is not responsible for:

• 1.4.1. For any problems, bugs, glitches or improper functioning that occur on your devices and equipment and result directly or indirectly from the regular use of the website.
  
• 1.4.2. For any direct or indirect damage caused by third-party events, for example, but not limited to, hacker attacks, system, server or internet connection failures, including software actions that may, in some way, damage your physical or logical assets or their connection as a result of accessing, using or browsing the website, as well as the transfer of data, files, images, texts, audios or videos contained herein.
• 1.4.3. By browsing the external links eventually made available on the website, it is your duty to read the Terms and Conditions of Use and Privacy Policy of the third-party service accessed.
• 1.4.4. For verifying, controlling, approving or guaranteeing the adequacy or accuracy of the information or data made available on such links, and is therefore not responsible for losses, losses or damages incurred by visiting such sites, it is up to you to verify the reliability of the information and data displayed there before making any decision or carrying out any action.

2. YOUR RESPONSIBILITIES

2.1. You are responsible and obligated to:

• 2.1.1. Use the website fairly and ethically, respecting the conditions that govern its use and purpose.
• 2.1.2. Provide correct, complete and updated registration and payment data, in addition to providing a contact channel capable of being activated by the Wish Group for the adequate provision of services. If at any time it is found that you have provided false data or data that is not in line with reality, Grupo Wish reserves the right to suspend or cancel your Access Account, without prejudice to adopting any measures it deems appropriate.
• 2.1.3. Maintain the confidentiality of your Access Account data, especially your login and password, in relation to third parties and use it individually and non-transferably, not making available, disclosing or sharing your password or any authentication mechanism with anyone that is, including on Platforms offered by third parties. If you suspect that the confidentiality of your password has been violated, you must change or update it as quickly as possible or contact the available support channels.
• 2.1.4. Recognize that all accesses and operations carried out after your successful digital authentication are interpreted as being your responsibility in an indisputable manner, including those arising from misuse or disclosure thereof to third parties.
• 2.1.5. Leave your anti-spam systems, similar filters or message redirection settings adjusted so that they do not interfere with the receipt of communications and materials from the Wish Group, with no excuse being acceptable if you have not had access to an email or electronic message due to the aforementioned resources.
• 2.1.6. Respect all intellectual property rights owned by the Wish Group, including all rights relating to third parties that may be, or were, available in any way there.
• 2.1.7. Do not access programming areas of the website, its database, source codes or any other set of data available in the environment.
• 2.1.8. Do not carry out or allow reverse engineering, nor translate, decompile, copy, modify, reproduce, rent, sublicense, publish, disseminate, transmit, lend, distribute or otherwise inappropriately dispose of the website's functionalities.
• 2.1.9. Do not use software to automate access to the website, as well as mining or automated data collection software, of any type or kind, in addition to other software not specified here that acts in a similar way.

2.2. In the event of damage to the website or third parties, you are responsible and undertake to bear all obligations to compensate the injured party, including those that originate from acts carried out through your Access Account, assuming the liability of the action judicial or administrative procedure and requesting the exclusion of the Wish Group, having to fully bear the related expenses and procedural costs, leaving it free from losses and burdens.

2.3. Grupo Wish has the right to refuse to grant, suspend or cancel your Access Account if you use the website fraudulently, violate or attempt to violate these Terms and Conditions of Use, the Privacy Policy or any other right of the Group Wish.

3. SERVICE CHANNELS

3.1. Our Service Channels are listed below:

• (I) Contact Us: https://www.grupowish.com.br
• (II) Customer Service Center: 0800 600 8088 or reservas@grupowish.com
• (III) Official Social Networks: @grupowish and Grupo Wish
• (IV) Channel Reports: http://canalconfidencial.grupowish.com
• a) WISH GROUP COMMUNICATION WITH YOU

3.2. The Wish Group may use all communication channels provided and authorized by you, in its most diverse forms, including, but not limited to, sending an email, telephone call, sending an SMS or any other form of instant electronic message.

3.3. The responsibility for receiving communications and notifications lies solely with you, so it is essential that you always provide correct and accurate data, in addition to keeping them updated.

4. PROTECTION OF YOUR PERSONAL DATA

4.1. The Wish Group has its own document, called Privacy Policy, which regulates the processing of data collected on the website, being an integral and inseparable part of these Terms and Conditions of Use.

5. COPYRIGHT AND INTELLECTUAL PROPERTY

5.1. The commercial use of the expression “Grupo Wish”, or words that are similar to these, but with different spellings, such as brands, business names or domain names, in addition to the contents of the website screens, as well as computer programs, databases, networks and their files are owned by or licensed to the Wish Group and are protected by international intellectual property protection laws and treaties, including, but not limited to, Federal Laws 9,609/98, 9,610/98, 9,279/96 and 10,406/2002.

5.2. No element found on the website may be copied, reproduced, modified, reedited, uploaded, altered, transmitted or distributed in any way or form, partially or in full, without the prior and express authorization of Grupo Wish.

5.3. By accessing the website you declare that you will respect all intellectual property rights of the Wish Group, including, but not limited to, computer programs, copyrights and industrial property rights over brands, logos, patents, domain names, corporate name and industrial designs, eventually deposited or registered in the name of the Wish Group, as well as all rights relating to third parties that may be, or were, in some way, available on the website, and their infringement may result in blocking of their Access Account at the discretion of the Wish Group, in addition to subjecting you to payment of compensation for losses and damages determined in court.

6. MODIFICATIONS TO THESE TERMS AND CONDITIONS OF USE

6.1. These Terms and Conditions of Use are subject to constant improvement and improvement. Therefore, the Wish Group reserves the right to modify them at any time, according to its purpose or convenience, as well as for adequacy and legal compliance with a provision of law or standard that has equivalent legal force, and it is your responsibility to check them whenever access the website.

6.2. If updates to this document occur, Grupo Wish will notify you using the tools available on the website.

6.3. Tolerance of any non-compliance with any provision in the Terms and Conditions of Use will not constitute a novation of the obligations stipulated herein nor will it prevent or inhibit their enforceability at any time.

6.4. If any provision of the Terms and Conditions of Use is deemed inapplicable or ineffective, the remainder of the document continues to be in force, without the need for declaratory judicial action.

7. GENERAL PROVISIONS

7.1. If there are any discrepancies between the provisions of the Terms and Conditions of Use, the Privacy Policy, or any other document on the website, what is described in the more specific rule shall prevail.

7.2. You must pay for the necessary means to browse the website, including having adequate equipment for access, as well as hiring a telecommunications service provider to provide an Internet connection.

7.3. You acknowledge that all communications made by email, electronic message or SMS (to the addresses provided in your registration) are also valid, effective and sufficient to disclose any matter relating to the services provided by Grupo Wish, as well as the conditions of its provision or any other matter addressed therein, except for the expressly different provisions set out in the Terms of Use.

7.4. All records and data storage carried out on the website will be carried out and cataloged based on the official Brasília time.

7.5. The Terms and Conditions of Use will be interpreted in accordance with Brazilian legislation, in the Portuguese language, with the Forum of the District of São Paulo being elected to resolve any dispute or controversy involving this document, except with specific exceptions regarding personal, territorial or functional jurisdiction by applicable legislation.

8. GLOSSARY

For the purposes of this document, the following definitions apply:

Anti-Spam: System that prevents unwanted correspondence, such as mass advertising, by blocking messages or moving them to a specific folder.

Bugs: Used when some logical failure prevents the execution of some operation on the website.

Access Account: Credential required to use or access the exclusive features of the website.

Glitches: Used to designate an unexpected operation that prevents the execution or proper functioning of the intended operation on the website.

Layout: Set comprising appearance, design and website flows.

Link: Terminology for internet addresses.