Last Revised: 01/08/2021
Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. Hotelwize offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.
We understand that legal terms can be exhausting to read, and we've tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at [email protected]
- REQUIREMENTS FOR USING THE PLATFORM
2.1. Hotelwize is an innovative platform developed by experts in HORECA, tourism and hotel websites, utilizing our extensive expertise and new state-of-the-art technology for conversion driven websites, enabling hotels to acquire a high-quality website, at competitive prices and with impeccable service. Hotelwize's websites are being developed on Hotelwize's innovative platform that achieves high content display speeds, shields websites with anti-hacking code architecture while making it easy and reliable to interface with third-party applications. The Platform is addressed to hoteliers and HORECA businesses in general ("User/Users").
2.2. To access the Platform and use our services you need to log-in, enter the username Hotelwize Customer Support Team gives you after setup process finalization and create a password that meets Hotelwize requirements. For this purpose you may be asked to provide personal information (such as name and surname) of the person administering your User account throughout the registration process. The account password you create should be kept secure, and you must notify us immediately of any breach of security or unauthorized use of your account or such possibility that comes to your attention. Please make sure you create a unique account. The Platform supports 2FA (Two Factor Authentication) and we strongly suggest to activate this functionality for your account. You are strictly responsible for all the actions made under your personal password and username and your account in general. Hotelwize is not responsible for any damage that may occur due to unauthorized use of your account due to non-compliance with this clause.
2.5. In order to create an account and use our services you will be required to provide your company's and your own details. Please ensure that any details provided are true, complete, up to date and accurate, and inform us immediately at the e-mail address indicated below of any changes to the details you provided when registering.
- LINKS TO THIRD PARTY PLATFORMS
While we hope to avoid such instances, Hotelwize may, at any time and at its sole discretion, suspend, disable access to or remove from your User account, the Platform and/or the Hotelwize services, any Third Party Services - whether or not incorporated with or made part of your User Account and/or your User platform(s), and/or the Platform at such time - without any liability towards you and/or other users.
3.2. You are not entitled (nor will you assist others) to set up Third Party Services or any Third Party Services information, elements, data etc. to the Platform (whether, but not limited to, by hypertext linking, deep-linking, framing, toggling or otherwise), nor may you frame the Platform on a third party platform, without our prior written consent, which we may grant or withhold at our absolute discretion.
- USER OBLIGATIONS
4.1. You represent and warrant that:
- you are of legal age of in your jurisdiction, and have the legal capacity to enter into a binding agreement on your own name and behalf or on behalf of the person or entity you represent;
- you confirm you own and/or have legally been granted and legally use and are solely responsible for all rights in and to any content uploaded in the Platform by you, your clients, or on your behalf, including but not limited to your website, your platform, to any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials ("Content"), or otherwise have (and will continue to have) the full power, title, licenses, consents, permissions, authorizations and authority, in and to the Content, as necessary to legally access to, copy, use, publish, transfer, disclose, transfer, license and/or sublicense such Content;
- the Content is (and will continue to be) true, current, accurate, up to date and non-infringing of Hotelwize´s and/or any third party rights;
- you comply with data protection laws and all obligations set forth in the Data Processing Agreement concluded between us and have as data controller full responsibility for your clients' end employees' data uploaded in the Platform;
- you have provided all necessary notices and obtained all consents and/or permissions required under all applicable laws, regarding the transmission, disclosure, use, combination and in general processing of any personal data though the Platform, and you will adhere to all laws applicable thereto;
- regularly make backup copies independently of the Content and the information that collected and stored by means of the Platform;
- be solely responsible and liable with respect to any of the uses of the Platform, and for any of your Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such Content on or with respect to the Hotelwize services);
- allow Hotelwize to use in perpetuity, worldwide and free of charge, any version of the Platform (or any part thereof) for any of Hotelwize's marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Hotelwize and/or anyone on its behalf relating to any past, present or future moral rights, artists' rights, or any other similar rights worldwide that you may have and/or may have been granted and/or licensed to use in or to the Platform with respect to such limited permitted uses consenting to any acts and/or omissions that would otherwise be considered a moral rights and/or other right´s infringement;
4.2. You agree and undertake not to:
- submit, transmit or display any Content and/or or use in any way whatsoever Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Hotelwize and/or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
- proceed to any illegal action and use any illegal tool to collect login data and/or passwords for other websites, third parties, software or services;
- upload, insert, collect or otherwise make available within the Platform any malicious, unlawful, defamatory and/or obscene Content;
- use any "robot", "spider" or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Platform (or its data and/or Content), or in any way reproduce or circumvent the structure or presentation of the Platform to obtain or attempt to obtain any materials, documents, services or information through means not made available by Hotelwize;
- upload to the Platform or design, develop, distribute and/or otherwise transmit, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- disable, circumvent, bypass or otherwise avoid any technical measures of the Platform;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Hotelwize's systems or networks connected to Platform, or otherwise interfere with or disrupt the operation of the Platform, or the servers or networks, or violate Hotelwize security policies and procedures;
- probe, scan, or test the vulnerability of the Platform;
- use the Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, "chain letters", "pyramid schemes" or similar conduct, or otherwise engage in unethical marketing or advertising;
- unlawfully collect personally identifiable information about visitors or users of the Platform;
- act in a manner which might be perceived as and/or may be and/or is damaging to Hotelwize's reputation and goodwill or which may harm in any way Hotelwize and/or in any way interrupt, impede, deteriorate and/or in any way negatively affect Hotelwize's business, reputation and/or goodwill;
- remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [which may be indicated with ® or ™] contained in or accompanying the Platform and/or Licensed Content; or
- INTELLECTUAL PROPERTY
5.1. Your intellectual property
You shall own all intellectual property pertaining to your Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works ("Other Material"). Hotelwize does not claim ownership rights on your Content and/or your Other Material. For the sole purpose of providing you our services, you know, understand and agree that we will need to access, upload and/or copy your Content and/or your Other Material to the Platform, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
5.2. Hotelwize's Intellectual Property - License
All rights, title and interest in and to the Hotelwize services and in and to the Licensed Content, including but not limited to any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the "look and feel" of the Hotelwize services, methods, products, algorithms, data, interactive features and objects, advertising, acquisition tools, know-how, techniques, methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivations, improvements and/or updates thereof (collectively, "Intellectual Property"), are owned by and/or licensed to Hotelwize.
In addition to the above, certain fonts made available to you within the Hotelwize services, are licensed to Hotelwize by a third party provider, and therefore can be only used within Hotelwize platform.
- DISCLAIMER OF LIABILITY
6.1. The Platform is provided on an «as is» and «as available» basis, without the possibility of amendments or interventions by you. Hotelwize reserves the right to suspend, restrict, or terminate your access to the Platform or parts of it as well as to change, edit or delete its content at any time, for any reason and without notice. If the changes affect the services provided, we will notify you in advance.
6.2. Further, no warranty is given that the Platform, any page or any content shall be fault free and available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such failures and unavailability.
6.3. Whilst we have taken all reasonable steps to ensure the accuracy, reliability and completeness of the information on this Platform, we give no warranty and make no representation regarding the accuracy or completeness of the content of this Platform. We reserve the right to change or update information without prior notice at any time.
6.4. Access to and use of this Platform is at your own risk and we do not warrant that the use of this Platform will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for such instances. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the Platform.
6.5. Subject to clauses 6.6 and 6.7 below, we shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the Platform, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation, intellectual property infringement or under any statute or otherwise:
- any direct, indirect or consecutive or consequential damage and/or any indirect, special or consequential losses; This includes any profit loss (direct or indirect), any loss of goodwill and/or loss of business reputation
- any loss or damage that may be caused to you due to:
(i) any changes that Hotelwize might make to Hotelwize Platform or any permanent or temporary cessation in the provision of Hotelwize (or any features of Hotelwize Platform)
(ii) your failure to provide Hotelwize with accurate account information
(iii) your failure to keep your access code or your account data secure and confidential
(iv) any third-party illegal action
(v) force majeure, for example earthquake, pestilence, fire, extreme weather, strikes, terrorist attack, war, country debt default, violent interruption of electricity, of telecommunications and internet access that cannot be foreseen etc.
- any losses or damages arising out of changes made to the content of this Platform by unauthorised third parties;
- any loss of business, data, profits, revenue, goodwill, use or anticipated savings;
- loss or damage to your, or any third party's data or records; or
6.7. We do not seek to exclude or limit our liability to you for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability, such as death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; liability under consumer protection law. In any case and to the extent permitted by law, the liability of Hotelwize will not exceed your total fee for last year's use of the Platform.
If you have any queries regarding the Platform or need to get in touch with our Customer Service, please contact us at [email protected].