1. INTRODUCTION
Welcome to Hospitality Mystery Audit Professionals ("HMAP," "we," "our," or "us").
These Terms & Conditions ("Terms") govern your access to and use of our website and services. By accessing our website or engaging our services, you agree to these Terms and any additional terms contained in an applicable quotation, proposal, contract, service agreement, or other written agreement with HMAP.
If a separate written agreement between HMAP and a client contains terms that differ from these Terms, the terms of that agreement will apply to the relevant service engagement.
2. DEFINITIONS
For the purposes of these Terms:
Client / You: Any individual or organization accessing our website or engaging our services.
Services: Hospitality mystery audits, evaluations, inspections, consulting, training, reporting, and other related professional services provided by HMAP.
Website: HMAP's official website and any associated online platforms operated by HMAP.
Deliverables: Reports, evaluations, findings, recommendations, presentations, training materials, documents, or other materials provided by HMAP as part of a service engagement.
Content: Materials owned, created, or provided by HMAP, including reports, templates, methodologies, graphics, documents, systems, and other proprietary materials.
3. ELIGIBILITY
To engage HMAP's services, you must have the legal capacity and authority to enter into the relevant service arrangement.
Where you act on behalf of an organization, you confirm that you have appropriate authority to represent that organization.
You are responsible for providing accurate and complete information where reasonably required for the delivery of our services.
4. USE OF SERVICES
You agree to use HMAP's website, services, Content, and Deliverables lawfully and for their intended purposes.
You must not:
- Misuse, unlawfully copy, distribute, modify, or commercially exploit HMAP's proprietary Content or methodologies
- Interfere with the operation, integrity, or security of our website, systems, or services
- Use HMAP's services, reports, findings, or Deliverables for unlawful, fraudulent, defamatory, deceptive, or misleading purposes
- Misrepresent HMAP's findings, scores, recommendations, reports, or conclusions
- Remove or alter HMAP branding, copyright notices, or proprietary markings without authorization
HMAP may restrict or suspend access to services where these Terms are materially violated or where necessary to protect HMAP, its clients, its systems, or other parties.
5. SERVICE ENGAGEMENT & DELIVERABLES
The scope, fees, timelines, Deliverables, and other requirements of a service engagement will be set out in the applicable quotation, proposal, contract, service agreement, or other written confirmation.
Mystery audits and evaluations may be conducted anonymously where appropriate to the agreed methodology and scope.
HMAP will use reasonable professional care in providing its services. Audit and evaluation findings reflect observations, information, and circumstances within the agreed scope and evaluation period and may not reflect conditions outside that scope or period.
Unless otherwise agreed in writing, Deliverables are provided for the Client's legitimate internal business purposes.
6. FEES, PAYMENTS & INVOICING
Fees, payment schedules, invoicing arrangements, taxes, expenses, and other applicable charges will be communicated through the relevant quotation, proposal, invoice, contract, or service agreement.
Clients are responsible for making payments in accordance with the agreed terms.
HMAP may suspend or postpone services where required payments have not been made, subject to the applicable agreement and applicable law.
7. INTELLECTUAL PROPERTY RIGHTS
HMAP retains its rights and interests in its proprietary methodologies, audit tools, scoring systems, frameworks, templates, processes, systems, branding, training materials, and other intellectual property unless otherwise agreed in writing.
Clients may use Deliverables for the purposes agreed as part of the relevant engagement.
HMAP's proprietary materials, methodologies, Content, or intellectual property may not be copied, reproduced, modified, distributed, commercially exploited, or represented as another party's intellectual property without appropriate authorization.
8. CONFIDENTIALITY
HMAP recognizes the confidential nature of information obtained or exchanged during the provision of professional services.
HMAP and the Client will take reasonable measures to protect confidential information and will use such information only for legitimate purposes connected with the relevant engagement.
Confidential information may be disclosed where reasonably necessary for service delivery, where authorized by the relevant party, or where disclosure is required or permitted by applicable law.
Client-specific audit findings, operational information, and confidential Deliverables will be handled in accordance with the relevant service engagement and applicable confidentiality obligations.
9. DATA PRIVACY
HMAP handles personal information in accordance with its Privacy Policy and applicable data protection requirements.
The HMAP Privacy Policy explains how personal information may be collected, used, stored, shared, protected, and otherwise processed when individuals interact with our website, business, or services.
Where personal information is processed as part of a service engagement, each party is responsible for complying with the data protection obligations applicable to its activities.
10. LIMITATION OF LIABILITY
To the extent permitted by applicable law, HMAP will not be responsible for indirect, incidental, special, or consequential losses arising from the use of our website, services, reports, or Deliverables.
HMAP's audits and evaluations represent observations and findings within the agreed scope and evaluation period. HMAP does not guarantee that every operational issue will be identified or that implementation of any finding or recommendation will result in a particular financial, commercial, operational, guest satisfaction, rating, ranking, or other business outcome.
Any liability relating to a specific service engagement will be subject to applicable law and the terms agreed between HMAP and the Client for that engagement.
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.
11. INDEMNIFICATION
To the extent permitted by applicable law, you are responsible for losses, claims, or liabilities arising directly from your unlawful or unauthorized use of HMAP's services, Content, intellectual property, or Deliverables, or from a material breach of these Terms.
Any specific indemnification obligations relating to a service engagement will be governed by the applicable quotation, proposal, contract, service agreement, or other written agreement between HMAP and the Client.
12. THIRD-PARTY LINKS AND TOOLS
Our website or services may contain links to or make use of websites, platforms, payment services, applications, or tools operated by third parties.
HMAP does not control third-party services and is not responsible for their content, availability, privacy practices, security practices, or independent terms and conditions.
Use of third-party services may be subject to the terms and policies of the relevant third party.
13. TERMINATION
HMAP may suspend, postpone, or terminate services where there is a material breach of these Terms or an applicable service agreement, non-payment of agreed fees, misuse of HMAP's intellectual property or Deliverables, or where continuing the engagement would be unlawful or reasonably impracticable.
Termination will not affect rights or obligations that arose before termination or provisions that are intended by their nature to continue after termination.
14. REFUND & CANCELLATION POLICY
Cancellation, rescheduling, refund, and payment conditions may vary depending on the nature, scope, location, and requirements of the service engagement.
Applicable cancellation and refund conditions will be communicated through the relevant quotation, proposal, contract, service agreement, or other written confirmation provided by HMAP.
Where HMAP is unable to provide an agreed service, HMAP may, as appropriate, offer rescheduling, a service credit, an alternative arrangement, or a refund of eligible amounts paid, subject to applicable costs already incurred or committed and the terms of the relevant engagement.
Fees relating to services that have already been performed, substantially completed, or delivered are generally non-refundable, except where otherwise agreed in writing or required by applicable law.
Approved refunds, where applicable, will be processed through an appropriate payment method. Actual processing times may depend on the relevant financial institution, payment method, or payment service provider.
15. CHANGES TO THESE TERMS
HMAP may update these Terms periodically to reflect changes in our services, business practices, operational requirements, or applicable legal and regulatory requirements.
The latest version will be made available on the HMAP website, with the "Last Updated" date revised accordingly.
Changes to these website Terms will not override separately agreed contractual terms relating to an existing service engagement unless otherwise agreed or required by applicable law.
16. CONTACT INFORMATION
For questions or clarification regarding these Terms & Conditions, please contact:
Hospitality Mystery Audit Professionals
Email: info@globalhospitalitymap.com