Terms of Services
GuestJoy Ltd (“GuestJoy,” “We” or “Our”) provides its GuestJoy web application and related services (“GuestJoy Software”) to You subject to these Terms of Services.
By accepting these Terms, or by accessing or using the GuestJoy web application, You represent and acknowledge that You have read, understood, and agree to be bound by these Terms, and that the information You provide in using the GuestJoy Software is accurate, complete, and is Yours or within Your right to use. If You are entering into these Terms on behalf of a company or another legal entity, You represent that You have the authority to bind such entity and its affiliates to these Terms, in which case the terms “You,” “Your” or related capitalized terms herein shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the GuestJoy Software.
You acknowledge that these Terms constitute a contract between You and GuestJoy, even though it is electronic and is not physically signed by You and GuestJoy, and that these Terms govern Your use of the GuestJoy Software and supersede any prior agreements between You and GuestJoy.
Scope of our Service
On hotel website or guestjoy.com domain provide an online service through which guests of all types of temporary accommodation (for example, hotels, motels, hostels and bed & breakfasts, collectively the “accommodation(s)” providers), can order services and submit feedback. By visiting the website, you enter into a direct (legally binding) contractual relationship with the accommodation provider at which you have booked. From the point at which you make your reservation, we act solely as an intermediary between you and the accommodation provider, transmitting the details of your reservation to the relevant accommodation provider and sending you a confirmation email for and on behalf of the accommodation provider.
When rendering our services, the information that we disclose is based on the information provided to us by accommodation providers. As such, the accommodation providers are given access to an extranet through which they are fully responsible for updating all information which is displayed on his website. Each accommodation provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on his website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any accommodation made available.
You are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
When You provide some personal information directly to Guestjoy. You are solely responsible for the accuracy and currency of the Data entered into the GuestJoy Software and You agree to indemnify GuestJoy, its related companies, officers, employees and its suppliers against liability or loss arising from, and cost incurred in connection with any data entered into the GuestJoy Software under your account.
SCHEDULED SYSTEM INTERRUPTION
GuestJoy may make changes to the GuestJoy Software from time to time. Should changes be made to any component of the system that could affect Your operation of the system You will be notified in advance of such change.
To apply upgrades and other changes to the System Software the GuestJoy Software may be made temporarily unavailable. To minimize impact to your usage of the system, GuestJoy will attempt to make any outages as short as possible and at a time of day where system usage is at its minimum.
INFORMATION AND INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that GuestJoy owns all right, title and interests in and to the GuestJoy Software (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the GuestJoy Software), the accompanying documentation and printed materials, and any copies of the GuestJoy Software. GuestJoy does not grant You any right, title or interest in or to the GuestJoy Software.
The URLs representing the GuestJoy website(s), “GuestJoy” 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 GuestJoy and may not be copied, imitated or used, in whole or in part, without the prior written permission of GuestJoy.
DISCLAIMER OF WARRANTIES
GuestJoy, its related companies, officers, employees and its suppliers provide the GuestJoy Software and related services “as is” and without any warranty or condition, express, implied or statutory to the maximum extent permitted by law. GuestJoy, its related companies, officers, employees and its suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the maximum extent permitted by law. We do not guarantee continuous, uninterrupted access to GuestJoy Software and related services, and operation of the GuestJoy Software and our website(s) may be interfered with by numerous factors outside of our control.
Guestjoy has the right to discontinue, alter any or all the Website Services, stop publishing the Website with sole discretion. No compensation or other payment upon discontinuance or alteration of any Website Services is provided.
LIMITATION OF LIABILITY
The parties have relied on these limitations in determining whether to enter into these terms.
No Consequential Damages. Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will either party to these terms, or such party’s affiliates or their respective officers, directors, employees, agents, suppliers or licensors be liable to the other party or any third party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by such party in connection with this agreement or the service, regardless of whether such party has been advised of the possibility of or could have foreseen such damages. Force Majeure And Third Parties. You agree that GuestJoy is not liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any government authority, war, sabotage, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of Services. Under no circumstances will Guestjoy be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services or your account or the information contained therein.
If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.
INDEMNITIES AND RELEASES
You agree to indemnify and keep indemnified GuestJoy, its related companies, officers, employees and its suppliers against liability or loss arising from, and cost incurred in connection with, damage, loss, injury or death to any third party caused or contributed to by Your act, neglect or default, or the act, neglect or default of Your servants and agents;
GuestJoy agrees to indemnify You, Your related companies, officers, employees and suppliers against liability or loss arising from, and cost incurred in connection with, damage, loss, injury or death to any third party caused or contributed to by Our act, neglect or default, or the act, neglect or default of Our servants and agents;
When you use our Services, we may receive information („Log Data“) such as your IP address, browser type, operating system, the referring web page, page visited, location, your mobile carrier, device information, cookie information. We receive Log Data when you interact with our services, for example, when you visit our Website or sign into our Services.
USAGE OF DATA
GuestJoy acknowledges that, in the course of its performance of this Agreement, Guestjoy may become privy to certain information that You deem as being proprietary and confidential. Confidential Information means any information of Yours that is by its nature is confidential or is designated by You as confidential. GuestJoy agrees that it will use Your Confidential Information solely for the purposes of the provision of the GuestJoy service to You and will not disclose Your Confidential Information, directly or indirectly, to any third party without Your explicit consent.
If we have the responsibility to cooperate with the law enforcement and government by law, we may disclose any information about you to the government or law enforcement officials.
We may sell, transfer or otherwise share some or all of Guestjoy´s assets, including personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You have the right to opt out of any of such transfer if the new entity´s plans processing of your information differs from set forth in this Terms of Service.
You have the right to ask the removal of the profile and to stop using the Service at any time.
You have the right to withdraw your consent to provide confidential information to third parties at any time.
These Terms And Conditions are governed by and interpreted under the laws of the Republic of Estonia. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. These Terms And Conditions detail the entire understanding between us concerning its subject matter.