TERMS OF SERVICE
This Terms of Service Agreement (Agreement) is between you (‘Accommodation Provider’, ‘you’, ‘your’) and Hotel Link Limited (‘we’, ‘us’, ‘our’). It sets out the terms on which Hotel Link provides digital marketing and support services (‘Service’, ‘Services’) including the provision of websites, mobile websites, hosting services, booking engine, booking widget, channel manager, reputation manager, social media services, the HealthCheck service and other SEO and online marketing support services. We reserve the right to amend the terms of this Agreement at any time.
By using either of these websites and any or all of the services provided by Hotel Link, you confirm your acceptance of the terms of this Agreement, as amended from time to time.
1 Digital Marketing and Support Services
We reserve the right to upgrade, modify, alter, limit or terminate the Service at any time. We will endeavour to notify you of all significant changes to the Service. We may also provide you with additional services at your request. Additional services that we agree to provide will then be provided as part of the Service. You agree that the provision of additional services will be governed by the terms of this Agreement.
2 Account Information
Your use of the service requires that you provide us with information. You must ensure this information is always current and complete. You agree to advise Hotel Link immediately in writing if you are unable to update any information in our system.
3 Access to Hotel Link Services
To enable you to access the Service, we may provide you and your staff with usernames and passwords. Your usernames and passwords are for the use of those designated and no one else. You and others in your accommodation must at all times keep their username and password secure and confidential and not disclose them to any third party or otherwise make the Service or designated access URL available to any other person. You are solely responsible for any use of the Service by any person(s) using your username or password and/or the usernames and passwords of your staff and you agree to indemnify us against any and all claims arising out of your failure to keep your usernames or passwords secure and confidential.
You must notify us immediately by email to email@example.com of any unauthorised use of your member IDs, passwords or any other breach of security.
4 Charges and Fees
You agree to pay all charges for the Services provided by Hotel Link as agreed with you when contracting said service(s). Any increases in Hotel Link fees will be notified you by email to the email address you have provided.
We will issue you with an invoice summary every month. You are required to notify Hotel Link of any discrepancies in Hotel Link’ invoice within 7 days from the date of issue of the invoice summary; otherwise payment is to be made within 7 days. Hotel Link has the right to suspend your access to use of the Hotel Link services for failure to make any payment due and payable by you under this Agreement. Reinstatement of the service will attract an additional reinstatement fee.
Hotel Link gives no warranties and makes no representations of any kind relating to the Service including, without limitation, any implied warranties of non-infringement, fitness for a particular purpose, or merchantability, and we exclude all warranties to the maximum extent permitted by law. The Service is made available to you strictly on an ‘as is’ basis.
You acknowledge and agree that the Service is acquired for the purposes of a business and that any warranties or guarantees which may apply under local law in regard of consumer protection shall not apply.
6 Limitation of Liability
Except to the extent that it is unlawful to exclude such liability; we will not in any circumstances (including, without limitation, negligence or breach of statutory duty) be liable for any loss of profits, loss of revenue, loss of savings, loss of data, or for any indirect, consequential, special, exemplary, punitive, incidental, or other loss or damages regardless of the form of action or legal basis of liability even if we are advised of the possibility of such loss or damages; and our liability to you arising out of any and all claims whatsoever (irrespective of the cause of action) will not in any circumstances exceed in aggregate the total amount of the sums paid by you to us for the Services in respect of which we are in default (which shall not exceed the Charges paid by you for those Services during the one month period preceding the date of your claim).
You acknowledge that the access to and use of the Service may be impaired or prevented by a variety of factors beyond our control, for instance defects in your computer system and problems with Internet connectivity, and that we are not responsible for any such factors or their effects.
No action arising out of or in connection with this Agreement, regardless of form, may be brought by either party more than one year after the cause of action arose.
7 Information and Intellectual Property Rights
You acknowledge that intellectual property rights that may subsist in content of the Service and the processes we use to deliver the Service belong to Hotel Link or its suppliers. You agree not to challenge such ownership or to act inconsistently with such ownership.
You further acknowledge and agree that Hotel Link owns all right, title and interests in and to the Hotel Link Software (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Hotel Link Software), the accompanying documentation and printed materials, and any copies of the Hotel Link Software. Hotel Link does not grant you any right, title or interest in or to the Hotel Link Software.
The URLs representing the Hotel Link website(s), “Hotel Link” and all related logos of our products and services described in our website(s) are either subject to copyright, trademark or existing registered trademark ownership by Hotel Link and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hotel Link.
8 Confidential information, Personal Information and Privacy
Hotel Link acknowledges that, in the course of its performance of this Agreement, it may become privy to certain information that you deem as being proprietary and confidential. Hotel Link agrees that it will use your confidential information solely for the purposes of the provision of the Hotel Link service to you and will not disclose your confidential information, directly or indirectly, to any third party without your prior written consent.
Notwithstanding the provisions of this clause you agree that we may identify you as one of our clients in our promotional media and literature and disclose to current and prospective clients and investors that you are a client and user of our products and services. Key elements of our policy in this area are;
A. We do not require you to register or provide information to us in order to view our website.
B. When you request a service or further information, you will be asked to provide only the information necessary to enable us to fulfil your request.
C. We do not share any personal information with anyone outside the Hotel Link network.
D. Information about the service we provide you is stored in our databases. We may use this information in a non-identifiable manner to review performance and benchmark against like accommodations with the aim of improving services we provide you.
E. Every precaution is taken by us to protect our user’s information. When users submit sensitive information via the website, their information is protected both online and off-line.
F. When our systems ask users to enter sensitive information (such as credit card number), that information is encrypted and is protected with encryption software – SSL.
G. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. Access to your information is restricted only to employees who need the information to perform a specific job (for example, our invoicing staff or a customer service representative). Furthermore, all Hotel Link employees are kept up-to-date on our security and privacy practices.
H. The servers that store personally identifiable information are maintained in a secure environment, in a locked facility.
9 Third party systems and websites
In the provision of the Hotel Link services we interface with and / or make use of third party services including hosting services, booking websites, online travel agencies (OTA), property management systems (PMS), payment gateways, web metrics services and other services. Such systems, services and websites are not under our control and we are not responsible for their operation or availability. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or services provided by any third party.
We may at our sole discretion, terminate your use of the Service immediately if you fail to comply the terms of this Agreement.
Either party may terminate this Agreement at any time for any reason by giving not less than 30 days’ prior written notice.
If this Agreement is terminated for any reason:
• Your right to access or use the Service(s) is immediately revoked and you shall cease use of the Service;
• You shall not attempt to access or use the Service without our prior written consent;
• You must pay all unpaid and outstanding fees for using our Services.
Termination of this Agreement shall not affect the rights of a party which accrued prior to and upon termination; or the provisions of this Agreement which by their nature, survive termination namely section 5 (Warranties), section 6 (Limitation of liability), section 7 (Intellectual property), section 8 (Confidential Information), and this section 10.
11 Governing Law
The laws of Hong Kong govern this Agreement and the courts of Hong Kong shall have jurisdiction to resolve any dispute arising between the parties.
12 Entire Agreement
The parties acknowledge that this Agreement contains the whole of the contract and understanding between them. There are no conditions, warranties or other understandings affecting the arrangements between the parties other than those set out herein and this Agreement replaces all prior agreements and understandings with respect to the subject matter of this Agreement.