GUESTCENTRIC SYSTEMS TERMS OF SERVICE
This Terms of Services apply to any entity that is willing to acquire the GuestCentric’s Services and is approved by GuestCentric (the “Licensee”).
The use of this website and of the Services is subject to the terms and conditions described herein. Any person visiting this site must comply with these terms and conditions.
In case you do not agree with these terms and conditions, please do not use this website.
1. GENERAL TERMS AND CONDITIONS
- GuestCentric has developed and will continue developing software for the management of hotel operations including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material (“Software”).
- The Software has been released by GuestCentric and is available on-line, on an “as-is” and “as available” basis.
- Licensee wishes to use such Software as a Service.
- Use of the Software shall be for the sole purpose of developing Licensee’s hospitality industry and for professional use only.
- Licensee acknowledges and accepts that GuestCentric reserves the right to refuse Service to anyone for any reason at any time.
- Licensee acknowledges and accepts that GuestCentric shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
- Licensee acknowledges and accepts these Terms of Services.
2. GRANT OF LICENSE
GuestCentric grants to Licensee for a period of up to one month free free of charge (except if revoked by GuestCentric prior to that term) as specified in Section 3 below, the nontransferable, nonexclusive right to use one (1) copy of the Software for the sole purpose of developing Licensee’s hospitality industry and for professional use only (hereinafter “Right-to-Use License”).
After the 14 days of use, GuestCentric will charge to Licensee the Right-to-Use License, at the prices available at GuestCentric’s web site www.guestcentric.com. Prices of all services, including but not limited to monthly subscription plan fees to the service, are subject to change upon 30 days notice. Such notice shall be provided at any time by posting the changes to the GuestCentric Site www.guestcentric.com or the Service itself.
Prices are pre-paid by Licensee. Payment must be done to GuestCentric until the last working day of the month before the amounts are due. Payments may be done through either means as specified in GuestCentric’s web site www.guestcentric.com.
PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS
- A valid credit card is required for paying accounts, except for free accounts.
- The service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.
- GuestCentric will invoice Licensee after payment is duly done and received.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities and you shall be responsible for payment of all such taxes, levies or duties.
- For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of contents, features or capacity of your account. GuestCentric does not accept any liability for such loss.
- In any case the Terms and Conditions of the entity to whom GuestCentric has outsourced the payments shall apply. Those Terms and Conditions will be available directly at GuestCentric’s webpage or through a link to such entity’s webpage.
CANCELLATION AND TERMINATION
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation.
You can cancel your account at any time.
- All of your contents will be immediately deleted from the Service upon cancellation.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately but you will not be charged again.
- GuestCentric, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service or any other GuestCentric service, for any reason, at any time. Such suspension or termination of the Service will result in the deactivation or deletion of your account or your access to your Account and the forfeiture or relinquishment of all contents in your account.
3. MEMBER ACCOUNT, PASSWORD, AND SECURITY
The Software requires that you open an account and complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities that occur under your account.
You agree to notify GuestCentric immediately of any unauthorized use of your account or any other breach of security.
GuestCentric will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by GuestCentric or another party due to someone else using your account or password.
You may not use anyone else’s account at any time, without the permission of the account holder.
4. USE OF SOFTWARE
This right to use the Software is subject to the following additional specific obligations and covenants by Licensee concerning the use of the Software:
- Your use of the Service is at your sole risk.
- You understand that GuestCentric uses third party vendors and hosting partners to provide the necessary hardware, software, networking and related technology required to run the Service.
- You are responsible for getting all necessary permits required for your activity, including authorization for compiling and treating personal data.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, GuestCentric or any other GuestCentric’s service.
- GuestCentric may remove contents and accounts of its clients that GuestCentric determines at its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or
retribution) of any GuestCentric’s customer, employee, member or officer will result in account termination.
- Licensee understands that the technical processing and transmission of the Service, including Licensee’s contents may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host or transmit unsolicited email, SMS or spam messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds the average bandwidth as determined solely by GuestCentric, GuestCentric reserves the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption.
- Licensee agrees that the Software is for its own use and its clients only and that it shall not sell or transfer any copies of the Software, shall not relicense, rent or lease the Software, use the Software for third party training, commercial time-sharing or service bureau use, or otherwise make the Software available to third parties;
- Licensee agrees to make no copies of the Software except one for backup purposes;
- Licensee agrees not to cause or permit the disassembly, reverse compilation, or reverse engineering of the Software, except as otherwise specified by law;
- Licensee agrees to make every reasonable effort to prevent others from making or obtaining copies of the Software;
- Licensee hereby acknowledges GuestCentric’s copyright in the Software regardless of whether the copyright notice appears on the Software or whether it has been filed with any Copyright Office or legal authority whatsoever;
- Licensee hereby acknowledges and agrees that it does not acquire any rights in the Software, express or implied, other than those specified in this Terms of Service; and
- Licensee agrees and confirms that it understands that the features, performance and configuration of the Software shall be determined by GuestCentric at its sole discretion and may be modified at any time.
5. SUPPORT, UPDATES AND DESCONTINUANCE
- GuestCentric shall have no obligation to support or provide support services to Licensee relating to the Software. GuestCentric may, however, make such services available to Licensee at its sole discretion.
- GuestCentric may from time to time make available updates, enhancements and/or modifications to the Software and may, at its sole discretion, provide such updates to Licensee which will be identified by a change in the Software version number, but is under no obligation to do so. The provision by GuestCentric to Licensee of such updates, enhancements and/or modifications to the Software shall be subject to all covenants and conditions of this Right-to-Use License, including, but not limited to, the restrictions on Licensee’s use of the Software and GuestCentric’s disclaimer of warranties.
- GuestCentric reserves the right at any time and from time to time to discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
6. LICENSEE FEEDBACK
Licensee agrees to provide GuestCentric with comprehensive information regarding the Software (“Feedback”) as soon as possible after Licensee learns of such Feedback. Feedback shall include, but is not limited to, all information regarding any problems or defects in the Software encountered by Licensee. Feedback may also include sections of source code or other simplified test cases sufficient to adequately demonstrate problems or suspected errors Licensee encounters in the Software. Licensee shall transmit Feedback to GuestCentric in any medium reasonably requested by GuestCentric, including via telephone, facsimile, written communication or email www.guestcentric.com. All Feedback shall become the sole and exclusive property of GuestCentric and may be used by GuestCentric in any way without restriction or obligation to Licensee. GuestCentric shall be free to use for any purpose any ideas, concepts, know-how, or techniques resulting from GuestCentric’s access to or work with any information exchanged pursuant to this Right-to-Use License.
7. NO WARRANTIES
Nothing in this Right-to-Use License shall be deemed to make any representation or warranty whatsoever, express or implied, regarding the contents of the Software.
GuestCentric does not warrant that (i) the Service will meet your specification requirements (ii) the Service will be uninterrupted, timely, secure, or error-free (iii) the results that may be obtained from the use of the Service will be accurate or reliable (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations and (v) any errors in the Service will be corrected.
8. SPECIFIC WARRANTY DISCLAIMERS
LICENSEE UNDERSTANDS THAT GUESTCENTRIC DOES NOT WARRANT THE SOFTWARE IN ANY WAY, INCLUDING BUT NOT LIMITED TO PERFORMANCE OR FEATURES OF THE SOFTWARE.
ALL WARRANTIES REGARDING THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED BY GUESTCENTRIC.
THE SOFTWARE IS PROVIDED “AS IS” FOR DEVELOPING LICENSEE’S HOSPITALITY INDUSTRY AND FOR PROFESSIONAL USE ONLY.
LICENSEE AGREES TO USE THE SOFTWARE WITH ALL DUE CAUTION, AND TO TAKE EVERY PRECAUTION TO ENSURE THE INTEGRITY OF DATA, HARDWARE, AND SOFTWARE IN THE SOFTWARE’S OPERATING ENVIRONMENT.
LICENSEE FURTHER AGREES THAT GUESTCENTRIC SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF GUESTCENTRIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL GUESTCENTRIC’S LIABILITY FOR DAMAGES HEREUNDER EXCEED THE AMOUNTS RECEIVED BY GUESTCENTRIC AS A RESULT OF THIS TRANSACTION.
THESE WARRANTY DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THIS RIGHT-TO-USE LICENSE.
9. TERM AND TERMINATION
Licensee’s right to use the Software will terminate upon termination of this Right-to-Use License by GuestCentric or Licensee, or any authority with legal jurisdiction.
GuestCentric shall have the right, at its sole discretion, to terminate this Right-to-Use License with or without cause upon written notice to Licensee.
Upon termination of this Right-to-Use License as provided above, Licensee shall cease using and shall return the Software, including all copies, or shall certify in writing that the Software and all copies have been destroyed within ten (10) calendar days of termination of the right to use the Software hereunder. GuestCentric’s warranty disclaimers set forth in Section 6 and Licensee’s non-disclosure obligations set forth in Section 7 shall survive the termination of this Right-to-Use License.
10. TRADE SECRETS AND CONFIDENTIALITY
In evaluating the Software, Licensee recognizes that the Software is confidential and proprietary to and a trade secret owned and/or licensed by GuestCentric. Licensee hereby agrees not to disclose any information relating to Software (including, but not limited to, its existence, design and performance capabilities, the results of any performance/benchmark tests, and any authorization codes or license keys) to third parties without the prior written permission from GuestCentric. Licensee shall treat all information regarding the Software provided by GuestCentric as GuestCentric’s “Confidential Information”, including without limitation the Software, source code, object code, documentation and any proprietary tools, proprietary knowledge or proprietary methodologies disclosed by GuestCentric to Licensee under this Right-to-Use License. Licensee shall hold such Confidential Information in the strictest confidence and take all reasonable steps to protect such from any use, reproduction, publication, disclosure or distribution except as specifically authorized by this Right-to-Use License.
11. EXPORT ADMINISTRATION
Licensee agrees to comply fully with all relevant export laws and regulations of Portugal and the European Union (“Export Laws”) to assure among others that neither the Software or any direct product thereof are (1) exported, directly or indirectly, in violation of Export Laws; or (2) are intended to be used for any purpose prohibited by the Export Laws, including, without limitation, nuclear, chemical or biological weapons proliferation.
12. GOVERNING LAW AND COURTS
This Right-to-Use License its execution, interpretation and integration shall be governed by the laws of the Portugal. Any dispute arising from this Right-to-Use License shall be settled by the Courts of Lisbon. Guestcentric Systems, S.A., is a company duly organised under the laws of Portugal, with head offices at Avenida José Gomes Ferreira, n.º 9, Miraflores, 1495-139 Algés, fiscal nr.PT 507844106
13. ENTIRE RIGHT-TO-USE LICENSE
Except where specifically stated otherwise herein, this Terms of Service constitute the complete Right-to-Use License between the parties and supersedes all prior or contemporaneous Right-to-Use Licenses or representations, written or oral, concerning the subject matter of this Right-to-Use License. This Right-to-Use License may not be modified or amended except in a writing signed by a duly authorized representative of each party. No other act, document, usage or custom shall be deemed to modify or amend this Right-to-Use License. This Right-to-Use License shall also supersede all terms of any unsigned or “shrink wrap” license included in any package, media or electronic version of Software provided under this Right-to-Use License.
If any provision of this Right-to-Use License will be held to be illegal, invalid or unenforceable, such illegality, invalidity or non-enforceability will affect only to such provision and will not in any manner affect or render illegal, invalid or unenforceable any other provision or this Right-to-Use License, and GuestCentric and the Licensee shall negotiate in good faith to replace the illegal, invalid or unenforceable provision by new provision which most closely reflects the original intention without being illegal, invalid or unenforceable.