Terms & Conditions of Use
Effective Date: August 10, 2025
Last Updated: October 15, 2025
PLEASE READ THESE TERMS CAREFULLY. By accessing or using the WayKind™ website (www.way-kind.com) or any related services (the "Service"), you ("User," "you," or "your") agree to be bound by these Terms & Conditions ("Terms"). If you do not agree, do not use the Service.
1. Parties, Scope & Jurisdiction
1.1 Parties.
These Terms govern your access to and use of services offered by Wholesale Hotels Group LLC, dba WayKind™ ("WayKind™," "we," "us," "our").
1.2 Governing Law.
These Terms are governed by the laws of the State of Wyoming, U.S.A., without regard to conflict-of-laws rules.
1.3 Venue.
Legal action, arbitration, or proceedings shall be brought in Wyoming (or another Wyoming location we mutually agree in writing).
1.4 Changes.
WayKind™ may modify, suspend, or discontinue the Service or these Terms at any time (see Section 14). Your continued use after changes are posted constitutes acceptance.
2. Definitions
"Booking" means a reservation you make directly with a hotel or approved booking channel using WayKind™ referral/agency codes.
"Commission" means the revenue WayKind™ actually receives from a hotel or booking provider attributable to a Booking.
"Designated Nonprofit" means your selected, enrolled 501(c)(3) nonprofit eligible to receive a share of Commission.
"Enrolled Nonprofit" means a nonprofit that has completed WayKind™ enrollment and maintains an active Stripe Connect account.
3. Eligibility & Account Registration
3.1 Age.
You must be 18+.
3.2 Nonprofit payouts.
To participate, complete registration, complete any required contracts/identity checks, and link to Stripe Connect.
3.3 Security.
You are responsible for your credentials and all activity under your account. Notify us immediately of unauthorized use.
4. Core Service; Role; Commission & Payouts
4.1 How WayKind™ works.
(a) You book directly with the hotel (or approved mechanism) using a WayKind™ referral/agency code.
(b) You then register the booking in your WayKind™ account (booking reference, hotel name, stay dates; upload/email the confirmation).
(c) If and when WayKind™ actually receives Commission for your Booking, we split it: 50% to your Designated Nonprofit, 50% retained by WayKind™ as a facilitation/admin fee.
4.2 WayKind™ is not your travel agent, merchant of record, or seller of travel.
WayKind™ does not sell, resell, or offer for sale any travel, lodging, or travel-related services; does not set hotel rates or availability; does not take or hold consumer funds for travel; does not issue tickets/vouchers; and is not the merchant of record for any Booking.
WayKind™ is not a travel agency and not a "seller of travel." We do not provide travel packages, tours, or travel insurance.
All contracts for lodging/services are solely between you and the hotel/booking provider. We do not control hotel policies, performance, fees, surcharges, taxes, or inventory and are not responsible for provider acts/omissions.
Nothing in these Terms shall be construed to create a principal-agent, fiduciary, or travel-agency relationship between WayKind™ and you or any hotel/provider. If any jurisdiction would require seller-of-travel registration for the activities described here, WayKind™ may suspend access in that jurisdiction.
4.3 Commission qualification; exceptions.
Not all bookings qualify; terms vary across hotels/chains. Common disqualifiers include, without limitation: non-commissionable rates; code not applied/recognized; cancellations/no-shows/early check-outs; fraud/invalid payment; excluded channels (group/corp/gov); ineligible dates; inactive/expired agreements; missing documentation; blackout/special exclusions; reservation modifications; tracking/system errors; conflicts with other programs; hotel disapproval of referral bookings; or provider delays/failures. If we recover Commission after a claim you submit with proof, we will allocate per these Terms.
4.4 Timing; conditionality; currency.
(a) Commissions are often delayed (e.g., months after stay). Payouts to nonprofits occur only after we receive cleared Commission, reconciliation is complete, and the nonprofit remains enrolled and eligible.
(b) Amounts/timing may change due to adjustments, chargebacks, claw-backs, withholding, or hotel/provider disputes.
(c) We pay in U.S. dollars via Stripe Connect to U.S. bank accounts.
4.5 Nonprofit fallback & re-designation.
If your chosen nonprofit is not enrolled or fails enrollment:
(a) We notify you (and the nonprofit if contact is available).
(b) You have 30 days to designate an enrolled nonprofit.
(c) If none is designated, we may hold the nonprofit's 50% share temporarily until (i) you designate an enrolled nonprofit or (ii) we allocate to a default nonprofit at our discretion.
(d) If you later designate within a reasonable period (e.g., six months), we may redirect held funds if still available and after audit/verification.
(e) We are not obligated to extend deadlines or guarantee indefinite redirection.
4.6 Referral locking (important).
(a) If you sign up via a nonprofit's referral link/banner, that nonprofit becomes your default and locked Designated Nonprofit for future credits under that account.
(b) To support a different nonprofit later, create a new account using a non-referred or different nonprofit's link.
(c) Users who sign up directly (no nonprofit referral link) may choose/change their Designated Nonprofit (subject to enrollment and deadlines).
4.7 Nonprofit reporting.
Enrolled nonprofits may access dashboards showing logged signups, tracked Commission amounts, and payout history. Data may have delays and is subject to reconciliation. Nonprofits do not receive traveler PII/booking specifics; only aggregated allocation data.
4.8 Tax treatment & disclaimers.
Redirected Commission is not your charitable donation and is not tax-deductible by you. WayKind™ retains 50% as facilitation/admin fees. You are solely responsible for your tax treatment. You release and indemnify WayKind™ from claims arising from tax interpretations.
4.9 Audit; fraud; chargebacks.
We may audit bookings, codes, and claims, request documentation, and contact hotels/providers. We may deny, reverse, or claw back allocations in suspected fraud/misuse, code manipulation, false claims, or provider chargebacks.
4.10 Unclaimed property.
Funds held for a nonprofit or pending designation may be treated under escheat/unclaimed property laws where applicable. We may remit such funds to the relevant state after required dormancy periods.
5. Traveler & Nonprofit Declarations; Release
5.1 Traveler declarations.
You (a) participate voluntarily; (b) receive no portion of Commission; (c) will not claim redirected funds as tax-deductible; (d) accept WayKind™ retains 50%; and (e) release WayKind™ from liability relating to your nonprofit selection or its conduct.
5.2 Independent nonprofits.
WayKind™ does not vet, certify, or endorse any nonprofit's legitimacy, finances, or operations and is not responsible for their actions.
5.3 Nonprofit declarations.
Authorized representatives only; payouts to nonprofit's bank/Stripe; use funds for mission/lawful operations; comply with laws; accept our right to suspend/remove at any time.
6. User Content & License; DMCA
6.1
"User Content" means content you submit (e.g., confirmations, text, data).
6.2
You grant WayKind™ a non-exclusive, royalty-free, sublicensable, worldwide license to use, host, store, reproduce, modify, display, and distribute User Content as needed to operate the Service.
6.3
You warrant rights to your User Content and that it does not infringe laws/rights. We may remove/refuse content at our sole discretion.
6.4 DMCA.
Send notices to help@way-kind.com with required elements (identification of the work and material, location URL, contact info, good-faith statement, accuracy/authority statement under penalty of perjury, and signature). We may remove content and terminate repeat infringers.
7. Acceptable Use
You agree not to: (a) use the Service unlawfully or to defraud; (b) tamper with or reverse-engineer components; (c) submit false/misleading booking data or nonprofit designations; (d) bypass/circumvent tracking, registration, or payout systems; (e) use bots/scrapers/automated tools without written consent; (f) post illegal, infringing, defamatory, or harmful content; (g) divert nonprofit funds for personal use; (h) interfere with security, integrity, or availability of the Service.
8. Third-Party Services; Stripe; E-Sign; Electronic Comms
8.1 Third-party integrations.
We may integrate/link to third-party services (e.g., Stripe Connect, Docuseal). We are not responsible for their availability, conduct, or compliance.
8.2 Stripe Connect.
Payouts require a Stripe Connect account. You agree to be bound by Stripe's terms and to provide accurate information. Stripe may suspend/withhold transfers under its policies.
8.3 E-Sign (Docuseal).
You consent to e-signatures and electronic records for agreements and notices.
8.4 Electronic communications.
You consent to receive Service-related emails, notices, and messages electronically (including to the address on file).
9. Privacy; Cookies
Use of the Service is subject to our Privacy & Data Protection Policy and Cookie Policy, each incorporated by reference. Referral banners/URLs may set first-party cookies or parameters to attribute signups and Commissions.
10. Disclaimers & No Warranties
The Service is provided "AS IS" and "AS AVAILABLE." WayKind™ disclaims all warranties, express, implied, statutory, or otherwise, including merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not guarantee specific results, Commissions, hotel performance, or uptime. Your use is at your own risk.
11. Limitation of Liability
To the maximum extent permitted by law, WayKind™ (and its officers, directors, employees, and affiliates) will not be liable for indirect, incidental, special, punitive, or consequential damages (including lost profits, data, business, goodwill). In no event will our aggregate liability arising out of or relating to these Terms exceed US $100 (or the minimum required by applicable law). Some jurisdictions do not allow certain limitations; limits apply to the fullest extent permitted.
12. Indemnification
You agree to indemnify, defend, and hold harmless WayKind™, its affiliates, and their officers, directors, employees, agents, and representatives from and against all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your breach of these Terms; (c) your User Content; (d) your nonprofit selection/misuse; (e) tax characterization or claims; (f) fraud, chargebacks, or misuse of codes; (g) your agreements or disputes with hotels/providers.
13. Termination & Suspension
13.1
We may suspend or terminate access (in whole or part) at any time, with or without notice, for any reason, including suspected breach or fraud.
13.2
Upon termination: (a) your right to use the Service ends immediately; (b) unverifiable/unconfirmed Commissions may be forfeited; (c) provisions that by nature should survive (e.g., IP, disclaimers, limits, indemnities, arbitration) will survive.
14. Changes to the Terms
14.1
We may revise these Terms at any time. We will post updates with a new "Last Updated" date and may notify users via email or banner.
14.2
If you do not accept changes, stop using the Service. Continued use constitutes acceptance.
15. Dispute Resolution & Arbitration
15.1 Binding arbitration.
Except for small-claims matters and injunctive relief for IP or unauthorized access, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
15.2 Location & language.
Arbitration will be conducted remotely or in Wyoming, U.S.A., in English, before a single neutral arbitrator.
15.3 Class waiver; jury waiver.
You agree to bring claims only in your individual capacity (no class, consolidated, or representative actions) and waive any right to a jury trial.
15.4 Judgment.
The arbitrator's award may be entered as a judgment in any court with jurisdiction. Each party bears its own costs unless the arbitrator decides otherwise.
15.5 Equitable relief.
Either party may seek temporary or permanent injunctive relief in court to prevent irreparable harm or protect IP/security.
16. Severability; Waiver; Interpretation
16.1
If any provision is invalid or unenforceable, the remainder remains in full force.
16.2
No waiver of any breach is a waiver of another or subsequent breach.
16.3
Headings are for convenience only. If these Terms conflict with ancillary documents, these Terms control (except where a signed nonprofit enrollment agreement expressly overrides).
17. Assignment
You may not assign or transfer rights or obligations without WayKind™'s prior written consent. WayKind™ may freely assign these Terms.
18. Force Majeure
WayKind™ is not liable for delays/failures caused by events beyond reasonable control (e.g., natural disasters, power/network failures, labor disputes, cyberattacks, third-party outages, governmental actions).
19. Compliance; Export; Sanctions; Anti-Corruption
You represent and warrant compliance with all applicable laws, including U.S. export controls, OFAC sanctions, and anti-corruption/anti-bribery laws. WayKind™ may suspend/terminate accounts associated with restricted parties, prohibited jurisdictions, or suspicious activity.
20. Additional Provisions & Disclosures
20.1 No Tax Deduction.
Redirected Commission is not your donation and is not tax-deductible by you.
20.2 Charitable Solicitation.
Where required, disclosures (e.g., non-deductibility) will be displayed.
20.3 Fallback & Default Allocation.
See Section 4.5 (including potential default allocation).
20.4 Unrecognized Hotels.
Submit within 48 hours for evaluation; no guarantee of success.
20.5 Changing Nonprofits.
Direct sign-ups may change designation; referral sign-ups are locked unless you create a new, non-referred account.
20.6 Nonprofit Eligibility.
Only U.S. IRS-recognized 501(c)(3) nonprofits enrolled with WayKind™ may receive payouts; enrollment is free.
20.7 Unreferred Users.
Users need not be referred to support a nonprofit (subject to enrollment/timing).
20.8 Supporter Visibility.
Travelers may view contribution history in their dashboard (subject to reconciliation).
20.9 Voluntary Participation.
Nonprofits may opt out at any time; they may re-enroll later if eligible.
20.10 Payouts & Fees.
WayKind™ charges no payout fees. Stripe/bank transfer fees are the nonprofit's responsibility. Nonprofits must keep Stripe/bank info current.
20.11 Independent Nonprofits.
Nonprofits operate independently and maintain their own policies. WayKind™ is not responsible for their acts/omissions.
21. Notices
We may send notices via email, platform message, or postal mail to your registered details. You may send notices to our addresses below or help@way-kind.com.
22. Contact Information
Wholesale Hotels Group LLC (WayKind™)
Registered Address: 1309 Coffeen Avenue, Suite 1200, Sheridan, Wyoming, 82801
Mailing Address: 304 S Jones Blvd, PMB 3526, Las Vegas, Nevada, 89107
Email: help@way-kind.com
By using WayKind™, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.