Terms and Conditions of Use of the Viggo Smart Stay Application
Last updated on 12 December, 2016
Welcome to the Viggo Smart Stay Application (Viggo BV, together with any affiliates, the “Company“, “Viggo“, “we“, “our” or “us“), where users can manage all their hotel stay needs at the palm of their hand, and hotels can offer their services through the simple and easy Content Management System (the “CMS“). The Viggo Smart Stay Application (the “Application“), and all related software thereto (including updates and upgrades) (the “Software“), as well as the CMS, enables users and hotels to be simply connected and facilitates every hotel stay (the Application, Software, and CMS, together, the “Service”).
These Terms and Conditions of Use (the “Terms“) govern your use of the Service, whether you are a hotel or a private hotel guest user. Please read these Terms carefully, before accessing and using the Service. These Terms apply to both hotels and private guest users, mutatis mutandis. Your use of the Service signifies your acknowledgment of these Terms, and your agreement to be bound by these Terms and to comply with any and all applicable laws, rules and regulations. If you do not agree to these Terms, please do not register for, or use, the Service. You may not accept these Terms and use the Service if you are under the age of 18 or if you are not qualified to create a binding legal agreement, or if the use of the Service is prohibited by any law applicable to you. We may change these Terms from time to time, without notice to you. The revised Terms shall become effective immediately upon posting on the Service. It is your responsibility to review these Terms occasionally. You agree that your continued use of the Service shall constitute your consent to any new or revised Terms.
You agree to use the Service solely for your personal use (and in the case of hotels, for your professional use). You agree not to transfer or resell the Service, in whole or in part, to any third party, or allow unauthorized access to the Service by any third party. You further agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose, and you agree to use the Service solely for its intended purposes and for lawful purposes. You will not use the Service for illegal purposes, and/or to post or otherwise communicate or submit content which is unlawful, libelous, harassing, abusive, privacy invading, threatening, harmful, vulgar, pornographic, obscene, indecent, commercial, confidential, proprietary or otherwise objectionable. You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are related to the Service). You may not reverse engineer, decompile, disassemble, alter, duplicate, modify, make copies of, distribute, provide others with or otherwise attempt to derive the source code from any application, or component, of the Service. You agree not to access (or attempt to access) the Service by any means other than through the interface provided by us.
Without derogating from any other term of these Terms, you agree that you will not, whether by yourself or by anyone on your behalf: (1) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or any third party providers) infrastructure; (2) bypass any measures we may use to prevent or restrict access to the Service; (3) provide any content or information, including but not limited to proprietary content or information, as well as email addresses or telephone numbers, if you do not own or have permission to use such content or information; (4) create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications; (5) engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme; (6) violate or encourage the violation of the legal rights of others; (7) engage in, promote or encourage illegal activity; (8) intentionally distribute viruses, worms, corrupted files or other items of a destructive or deceptive nature; (9) generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations; (10) interfere with or violate any other Service visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of this Service without their express consent; (11) create a database by systematically downloading and storing all or any of the content from the Service’s website or mobile application; or (12) forward any data generated from the Service without our prior written consent.
We do not guarantee that any description or information relating to any offered services or products, or any other content on the Service, is accurate, complete, free of any errors or reliable. Any prices, terms or offers which may be disclosed in the Service cannot be confirmed until your reservation or order is confirmed.
We are entitled to, and may, at any time and at our sole discretion without notice or any liability, change, suspend or discontinue, any aspect of the Service or your use thereof, and we may add more services, options and applications to the Service. We may also modify, limit, deny or impose limits on certain features and services or restrict your access to parts or all of the Service, or cancel some or all of the functionality of the Service at any time and at our sole discretion, without notice or liability. We may also perform maintenance on the Service which may cause delays, interruptions or suspensions of the Service.
We may terminate your account, including for the avoidance of doubt your CMS account, for any or no reason at any time by ceasing to provide the Service to you. You understand that termination of the account you have created with us may involve deletion of your account information from our databases. We will not have any liability whatsoever towards you for any termination of your account or deletion of your information.
We reserve the right at any time to charge fees for the use of any part of the Service that is now free, upon posting an advance notice on the Service. You shall bear any costs related to accessing the Service (such as internet or network access costs). You may cancel your account at any time.
Access to the Service
Your registration to the Service will be done by logging in either using your existing credentials with Facebook, Google Plus, Twitter or by providing the required credentials (email account and password). In order to access the complete Service, you may be required to provide personal information such as your first and last name, email address, and mobile telephone number. To the extent that you will be required to provide any information during your registration process, your use of the Service or otherwise, you agree to provide true, accurate, current and complete information about yourself and to maintain such information true, accurate, current and complete. You are responsible and liable for any activity by any person who uses the Service using your log-in credentials. You agree to immediately notify us of any suspected unauthorized use of the Service or any other breach of security known or suspected by you. You are responsible for maintaining the confidentiality of such log-in credentials and your account and for any liability resulting from the use of such credentials.
Communications with Users
Third Party Service Providers
The Service may display, or contain links to, third party products, services, tools, offers and systems (together, “Third Party Services“). The inclusion, reference to, or utilization of such Third Party Services does not imply endorsement or any association with its operators. The Company is not responsible in any manner for these Third Party Services, including without limitation, the advertising or other materials on such Third Party Services. Under no circumstances shall the Company be held liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by the use or purchase of, or reliance on, any Third Party Services. Any terms and policies of such Third Party Services should be carefully reviewed by you and any concerns relating to such Third Party Services should be directed to their respective site administrators. We do not control and are not responsible for Third Party Services processing of your information, or for any other policy, conduct or misconduct by Third Party Services.
You understand that all information and content, such as data files, written text, computer software and code, audio materials or other sounds, photographs, illustrations, logos, animations, videos or any visual materials (the “Content“) which may be available to you and/or you may have access to as part of or through your use of the Service, are protected by copyrights, moral rights, patents, trademarks, privacy and publicity rights, trade secrets or other proprietary or personal rights, and are owned or controlled by either the Company and/or by the party credited (explicitly or implicitly) as the provider of the Content (together, the “Content Owner“).
As you may technically have access to additional Content owned by third party Content Owners, during your use of the Service, it remains your sole responsibility to obtain any and all licenses, permissions and/or authorizations from the Content Owners which is legally required for your uses of such Content, for purposes other than those intended in the Service (together, “Content Owners Permission“).
Unless explicitly permitted under these Terms and/or under the required Content Owners Permission, you may not modify, make copies of, publish, transmit, distribute, rent, lease, loan, participate in the transfer or sale of, provide others with any portion of, reproduce, duplicate, create new or derivative works from, distribute, perform, or display the Content and/or the Service, in whole or in part.
You acknowledge and agree that the Company and the Content Owners own all legal right, title and interest in and to the Service and the Content. You may not use any of the Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
If you submit or send any materials to us, or on the Service, including for the avoidance of doubt the CMS, by doing so you shall grant us a royalty-free, unrestricted, worldwide, irrevocable, perpetual, non-exclusive and sub-licensable right and license to use such materials in any way worldwide, including to reproduce, modify, adapt, publish, transmit, translate, distribute, create derivative works from, perform and display such materials, in whole or in part. With respect to the said content and material that you submit or post to the Service, you represent and warrant that: you own or otherwise control all of the rights thereto; it is true and accurate; it does not infringe any third party rights, including intellectual property rights; you are fully responsible and liable for the said material; you shall indemnify us from all claims relating thereto; and that you waive all rights of attribution with respect to the use of your content. We may remove or edit any content submitted or posted by you. We are not responsible in any way and assume no liability with respect to such content posted by you or any third party.
Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ALL INFORMATION, MATERIALS, CONTENT, PRODUCTS, SOFTWARE, AND RELATED SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES OF ANY KIND, WHETHER EXPLICIT OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE AND FREE OF ANY VIRUSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE AND OUR AFFILIATES, OFFICERS, AGENTS, MEMBERS AND EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE ABOVE LIMITATIONS; IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, TOGETHER WITH OUR AFFILIATED ENTITIES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AGENTS AND REPRESENTATIVES, FOR ALL CLAIMS, DAMAGES AND LOSSES (WHETHER IN CONTRACT, TORT OR OTHERWISE), INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO USD 100.
If you are dissatisfied with any portion of the Service, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Service.
You agree that you are solely responsible for the use or misuse of the Service and for your breach of these Terms, including any loss or damage which the Company or its officers, directors, agents, employees and representatives (the “Affiliates“) may suffer. You agree to defend, indemnify and hold the Company and its Affiliates harmless from any claim or demand, including, but not limited to, legal fees, made by any third party due to or arising out of your use or misuse of the Service, your connection to the Service, your violation of these Terms, a third party using your user account or your violation of any rights of another party.
You agree that the laws of the Netherlands, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Service may be subject to other local, state, national, and international laws. You expressly agree that the exclusive jurisdiction for any claim or dispute with the Company or relating in any way to your use of the Service resides solely in the competent courts in Amsterdam.
You agree to report any copyright violations and/or violations of the Terms to the Company as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Service, please notify us as soon as possible at: firstname.lastname@example.org.
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, will survive the termination or expiration of these Terms or the termination of the Service. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms or any or all of your rights or obligations under these Terms without our prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This is the entire agreement between you and the Company relating to the subject matter herein. You may not modify these Terms. These Terms will inure to the benefit of our successors, assigns and licensees. You agree that notices, disclosures, messages, documents, and other communications, which you receive from us electronically (including by way of email, push notifications, text messages or other), are deemed to have been provided to you in writing.