General Information
This document sets out the Terms and Conditions ("Terms") on which DAVO Technologies P.C. (VAT Nr EL800751725) 3 Vionos Str. 10443 Athens Greece ("DAVO Technologies") provides customers with access to certain hotel management services through the www.booqmate.com website ("Website").
Please read these terms very carefully before using the website and the DAVO Technologies services. You acknowledge and agree that by clicking on "I accept" on behalf of a nominated company or organisation (in these terms, the "Customer"), you agree that company or organisation will be bound by these terms as a customer. You warrant and represent that you have full capacity and authority to enter into this agreement on behalf of the customer company or organisation.
If you do not accept these terms, you will not be able to use the website and the services. You are advised to print and retain a copy of these terms for future reference.
1. The website & the services
- The Website is owned and managed by DAVO Technologies P.C. (VAT Nr EL800751725) 3 Vionos Str. 10443 Athens Greece.
- In consideration for the payment of the Fees, DAVO Technologies shall provide the Customer with the services as described on the Website, which allow the Customer to browse, screen, track and collaboratively manage its hotel management process ("Services"). The Services typically include the following key features:
- the facility to setup Hotel property such as hotel details, room types, rooms, rate policies, seasons, cleaning policies and financial details.
- the facility to create, modify, cancel, delete bookings through a modern, flexible and efficient Booking Plan.
- the facility to review all Bookings through a detailed Booking List.
- the facility to review Check In’s & Check Out’s in daily basis of any chosen date.
- the facility to schedule the daily housekeeping plan of occupied or all hotel rooms.
- the facility to access full hotel analytics including bookings, revenues, occupation and reference of customers and bookings.
- any other features and functionalities provided by DAVO Technologies to the Customer from time to time.
- For the avoidance of doubt, DAVO Technologies’ obligations shall be limited only to the provision of the Services and do not in any way include acting on the Customer’s behalf. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the Customer and DAVO Technologies, appoint either party as the agent of the other, nor authorise either party to make or enter into any commitments for or on behalf of the other party.
- DAVO Technologies may from time to time add, modify, suspend or cease (temporarily or permanently) the provision of any element of the Services upon notice to the Customer.
- DAVO Technologies shall have no obligation to notify the Customer in the event of an unplanned service downtime. In the event of a planned service downtime in respect of the Services or the Website, DAVO Technologies shall use its reasonable endeavours to notify the Customer in advance provided that DAVO Technologies is able to do so.
2. Registration & collaborators
- In order to use the Services, the Customer shall first be required to register with DAVO Technologies by completing the online registration form on the Website.
- DAVO Technologies shall send the Customer a confirmation email ("Confirmation Email") once it has accepted and confirmed the Customer’s registration. The Customer’s contract to use the Services on these Terms ("Contract") commences on the date of the Confirmation Email.
- DAVO Technologies reserves the right to conduct verification and security procedures in respect of all information provided by the Customer to DAVO Technologies. If DAVO Technologies has reason to believe that the information provided by the Customer to register and use any of the Services breaches or is likely to breach any of the provision in these Terms, DAVO Technologies at its sole discretion may take any action that it deems appropriate including without limitation, to terminate the Customer’s Contract.
- At any time upon notice to the Customer, DAVO Technologies may require the Customer to execute any further documents to confirm the Customer’s acceptance of, or give full effect to, these Terms.
3. Customer obligations
- The Customer shall at all times use the Services and the Website in accordance with these Terms.
- The Customer shall ensure that its use of the Services and/or the Website, including the submission of any information, data, images, videos, audio, files, links to external websites, and all other material of any format :
- comply with all applicable laws and legislations, including, but not limited to, the US Fair Credit Reporting Act 1971 (15 U.S.C. § 1681 et seq);
- do not infringe any intellectual property rights or other proprietary rights of any third party;
- not reasonably be deemed to:
- be offensive, illegal, inappropriate or in any way:
- promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- display pornographic or sexually explicit material;
- promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
- promote any illegal activities;
- provide instructional information about illegal activities, including violating someone else’s privacy;
- create computer viruses or implement any form of software or scripts onto the Website that have the appearance of coming from a user or candidate (for the avoidance of doubt, this shall not apply to API use);
- promote or contain information that you know or believe to be inaccurate, false or misleading;
- engage in the promotion of contests, sweepstakes and pyramid schemes, without our prior written consent;
- exploit people in a sexual or violent manner;
- invade or violate any third party’s right to privacy
- register the same Customer more than once for the purpose of circumventing Customer limitations which have been created by the Website such as the number of Hotels the Customer is permitted to manage;
- transmit "junk mail", or "chain letters", or unsolicited mass mailing, messaging or "spamming";
and the Customer hereby indemnifies DAVO Technologies for all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by DAVO Technologies which arise directly or indirectly from a breach by the Customer of this clause 3.2.
- Unless otherwise explicitly stated by DAVO Technologies, DAVO Technologies does not vet, verify the accuracy, correctness and completeness, edit or modify any information, data and materials created, used and/or published by the Customer on the Website to determine whether they may result in any liability to any third party. The Customer hereby warrants that the Customer has the right to use all such information and material.
- The Customer shall not:
- at any time use the Services and/or the Website with the purpose of impersonating another User or person; and
- use the information made available to the Customer through its use of the Services and/or the Website for any purpose other than in connection with the hotel management;
- do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause harm or distress to any person or all or any part of any computer, computer network, telecommunications service or infrastructure.
- DAVO Technologies takes breaches of the Terms, and in particular, this clause 3, very seriously and therefore reserves the right to take any action that DAVO Technologies deems necessary. This can include, without limitation, suspension or termination of the Customer’s use of the Services and/or access to the Website. In certain circumstances DAVO Technologies may choose to instigate legal proceedings as appropriate if there is any illegal use of the Services and/or the Website, or disclose information to any third party who is claiming that any material posted or uploaded onto the Website constitutes a violation of their intellectual property rights or of their right to privacy or if the material is posted without that third party’s prior consent.
4. Fees
- The fees to access the Website and Services are as set out on the Website ("Pricing"). The Fees may be based on the number of Features the Customer is permitted to use of the Services.
- Unless stated otherwise on the Website or agreed by DAVO Technologies in writing, the Fees shall be payable by the Customer monthly or annually in advance, in the manner as set out on the Website.
- All Fees are exclusive of VAT and all other taxes or duties, and are non-refundable for any reason whatsoever.
- DAVO Technologies may offer Customers the option to purchase additional products and services that are supplied by third parties as set out on the Website. Use of such products by the Customer shall be governed by the relevant third party’s terms and conditions, a copy of which shall be available from the Website. The Customers shall comply with such third party’s terms and conditions.
5. Termination
- The Customer may terminate their Contract at any time by cancelling their subscription on the Website. Fees paid in advance by the Customer are non-refundable.
- DAVO Technologies shall be entitled to suspend and/or terminate the Customer’s access and use of the Website and/or the Services:
- if DAVO Technologies’ network providers and suppliers cease providing DAVO Technologies with their services; or
- if DAVO Technologies has reason to believe that the Customer has breached any of the provisions of these Terms.
- Upon termination of the Customer’s Contract in accordance with this clause 6, the Customer may no longer access or use the Services and the Website.
6. Warranties
- The Customer hereby warrants that (a) the Customer has the right and capacity to enter into and be bound by these Terms; and (b) the Customer shall comply with all applicable laws regarding the Customer’s use of the Services and the Website; and (c) and the Customer agrees to abide by the rules and reasonable directions of DAVO Technologies relating to the Website as may be provided by DAVO Technologies from time-to- time.
- DAVO Technologies relies on other service providers (such as network provider, data centres, telecommunication providers) to make the Services and the Website available to the Customer. Whilst DAVO Technologies takes all reasonable steps available to it to provide the Customer with a good level of service, DAVO Technologies does not guarantee that such service shall be fault free or uninterrupted at all times. DAVO Technologies therefore shall not be liable in any way for any losses the Customer may suffer as a result of delays or failures of the Services and Website as a result of DAVO Technologies’ service providers.
- Except as expressly set out herein, to the maximum extent permitted by law, DAVO Technologies expressly excludes all representations, warranties, obligations and liabilities in connection with the Services and the Website, including but not limited to the warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade are hereby excluded and disclaimed.
8. Intellectual property rights
- DAVO Technologies and its licensors own all rights in the intellectual property rights relating to the Services and the Website, including but not limited to all software forming part of the Website ("Software"). Those works are protected by copyright laws and treaties around the world. Nothing in this Agreement will serve to transfer from DAVO Technologies to the Customer any of the Software or Website, and all right, title and interest in and to the Software and the Website will remain exclusively with DAVO Technologies and/or DAVO Technologies’ licensors. All rights in and to the Software and the Website not expressly granted to the Customer are reserved by DAVO Technologies and the relevant third party licensors.
- The Customer may print off one copy and may download extracts of any pages from the Website solely for use by the Customer.
- The Customer shall not, and shall procure that Collaborators shall not: (i) modify, translate, create or attempt to create derivative copies of or copy the Software or the Website in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Software or the Website to source code form; (iii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Software or the Website or the Customer’s right to use the Software or the Website.
- The Customer warrants that the Customer owns or has the right or licence to use the intellectual property rights in the Customer Information, the Bookings and all information and materials provided by the Customer to DAVO Technologies.
- The Customer hereby grants DAVO Technologies, a perpetual, sub-licensable, worldwide, royalty- free licence to publish and make available on the Website the Customer Information, Bookings and all other information and material provided by the Customer to DAVO Technologies in respect of the Services, for the purpose of providing the Services to the Customer.
- The Customer hereby indemnifies DAVO Technologies against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right by the use or possession of the Customer Information, Bookings, and all other information and material provided by the Customer to DAVO Technologies.
9. Data protection & privacy policy
- The Customer and DAVO Technologies shall comply with all applicable data protection and privacy laws and regulations in the performance of its obligations set out under these Terms, principally the General Data Protection Regulation (“GDPR”, from the GDPR implementation date) or, until GDPR implementation date, the Data Protection Act 1998 (“Data Protection Laws”). In each case including all other successor legislation and regulation thereto.
- DAVO Technologies processes personal data (as such term is defined in the Data Protection Act 1998) which it collects in the course of providing the services in accordance with its standard Privacy Policy which is accessible on the Website.
- For personal data which is processed by DAVO Technologies on the Customer’s behalf as part of the Services, DAVO Technologies will act strictly in accordance with the Customer’s instructions by following such processing and security obligations as are contained in these Terms. The Customer confirms that it is solely responsible for ensuring that any such processing and security obligations comply with all applicable data protection law and legislation. The Customer hereby indemnifies DAVO Technologies against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of the Customer’s failure to comply with this clause 10.
10. General
- If DAVO Technologies fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve the Customer from compliance with such obligations. No waiver by DAVO Technologies of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to the Customer in writing.
- All notification and communication to DAVO Technologies should be sent to the contact details made available to the Customer on the Website.
- If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
- These Terms represent the entire agreement between the Customer and DAVO Technologies in respect of the Customer’s use of the Website and shall supersede any prior agreement, understanding or arrangement, whether oral or in writing.
- The Customer acknowledges that in entering into these Terms, the Customer has not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between the parties except as expressly set out in these Terms.
- DAVO Technologies reserves the right to modify these Terms at any time. Any changes DAVO Technologies may make to this document in the future will be notified and made available to the Customer using the Website.
- These Terms shall be governed by and construed in accordance with Greek law and shall be subject to the exclusive jurisdiction of Greek courts.