Your use of this portion of the Club Wyndham South Pacific website (this portion is hereinafter referred to as the “Site”) is governed by the following Terms and Conditions and the Terms of Use Policy and/or Privacy Policy. Together, these constitute an agreement between you and Club Wyndham South Pacific and WorldMark, The Club and (collectively, the “Club”), and Wyndham Destinations Asia Pacific Pty Ltd (“WDAP”) and Wyndham Destinations, Inc. (“WDI”). You may only access the Site if you are a Club Owner and agree to these Terms and Conditions.

Section I: General Terms

1. Time-out – Reservations initiated through the Site will be cancelled if the online reservation process is not completed (including, without limitation, the receipt by Club Wyndham, Wyndham Vacation Resorts Asia Pacific and/or Club Wyndham by Wyndham of payment information) within a reasonable period of time, as determined by Club Wyndham, Wyndham Vacation Resorts Asia Pacific and/or Club Wyndham by Wyndham in their sole discretion. When the reservation process is complete, you will receive a confirmation number.

2. Children – The Site is not intended for children under 13.

3. Privacy Policy – Please review the Privacy Policy to understand WDAP’s privacy practices with respect to the Site.

4. Your Account – If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as a principal to all the Terms and Conditions provided herein, and you agree to accept liability for harm caused by any wrongful use of the Site resulting from such access or use. The Club, WDAP and WDI reserve the right to refuse service, terminate accounts, or remove or edit content, for any reason, in their sole discretion without prior notice.

5. Liability Disclaimer – ALL SERVICES AND INFORMATION CONTAINED ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

NEITHER THE CLUB, WDAP OR WDI WARRANT THAT THE INFORMATION AVAILABLE ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE CLUB, WDAP AND/OR WDI SHALL NOT BE HELD RESPONSIBLE FOR INACCURACIES OR ERRORS FROM USE OF RESORT AVAILABILITY AND RESORT RESERVATIONS OR WITH ANY OTHER SECTIONS OF THE SITE.

YOU AGREE THAT NEITHER THE CLUB, WDAP OR WDI WILL BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (I) INTERRUPTION OF BUSINESS; (II) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (III) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (IV) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE; (V) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; OR (VI) EVENTS BEYOND THEIR REASONABLE CONTROL.

FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW NEITHER THE CLUB, WDAP OR WDI WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE CLUB, WDAP AND WDI’S MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS (AUS$100.00).

6. Indemnification – You agree to defend, indemnify and hold harmless the Club, WDAP and WDI for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify and hold harmless the Club, WDAP and WDI for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on the infrastructure of the Site.

7. General – The Club, WDAP and/or WDI reserve the right to modify the Terms and Conditions from time to time at their sole discretion by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. The Club, WDAP and WDI may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and the Club, WDAP or WDI. Any failure by the Club, WDAP or WDI to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall their waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. The Club, WDAP and WDI may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, their original objectives and intent as reflected in the original provision.

Section II: Security Policy

1. Security of your Information – Sensitive information is protected in its transfer as well as its storage. At appropriate points, the sites use a Digicert SSL (secure socket layer) security certificate to enable encrypted transfer of data. For example, we use encryption whenever financial information is requested of you. The Club Owners Only site, at https://clubwyndhamsp.com, is secured in this way. Verifying the security of the site is easy — when you have logged on into the secure section using your owner number, double-click on the lock symbol which appears on the bottom of the internet browser window. This will bring up the Digicert certificate details.

The Site uses encryption whenever financial information is requested of you. Encryption is the process of scrambling data into an unreadable format that is more secure for transmission over the Internet. Encryption takes your data and uses complex mathematical equations called algorithms to scramble the information into an unreadable format called ciphertext. The ciphertext is impossible to read without having a key to unscramble the information to its original form.

Information is encrypted at the client side (your browser) and then unscrambled or decrypted at the server side (WDI/WDAP). The most common levels of encryption are 40-bit, 56-bit and 128-bit and they have been implemented commercially in popular browsers like Microsoft Internet Explorer and Netscape Navigator.

It is your responsibility as a Site user to determine the encryption level appropriate for you and to ensure your browser operates at that level. The Site currently supports all three levels of encryption to accommodate the largest number of users. To upgrade your Netscape or Microsoft browser, visit the appropriate web site.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Section III: E-mail Address

Current e-mail Address – It is your responsibility to keep the Club, WDAP and WDI apprised of your current e-mail address. Please note that your reservation confirmation will be e-mailed to the address listed in your profile.