Terms of Service
ELCARO – TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Elcaro (“Company”) and you enter into this agreement subject to the following Terms Of Service (“Terms”). The terms govern your contractual relationship with the Company, including but not limited to your use of the Company’s website, Elcaro (“Website”), as well as your use of the Services (defined below). They create legally binding obligations, and you should review them carefully before accessing the Website or using any of the Services. If you are accessing the Website on behalf of a company or other entity, you represent and warrant that you are authorized to bind such entity to the provisions hereof.
The Terms may be revised from time to time without notice, and the then-current version of the Terms will apply to any transaction or action or omission of you or the Company. This Agreement shall apply for an indefinite term and may be terminated by either party by providing thirty days’ notice to the other party.
When you accept these Terms, you also agree to the provisions of our Privacy Policy, which is incorporated into these Terms. You agree that Company may process your personal data in the manner described in the Privacy Policy, and you agree that you will not process the personal data of any third person with whom you may come in contact through the use of the Services, except in compliance with the Privacy Policy.
2. COMMUNICATIONS
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Any comments, materials, or letters sent by you to Company, including, without limitation, questions, comments, suggestions, criticisms or the like (“Received Materials”), may be deemed by Company to be non-confidential and free of any claims of proprietary or personal rights. Company shall have no obligation of any kind with respect to such Received Materials and Company will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction.
Furthermore, Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Company for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information or ideas, without compensation or any other obligations to anyone, including you.
You agree that any information you receive from Company related to Company’s operations, plans, customers, methods, business, finances, procedures, and other information that would reasonably be considered confidential shall be considered Confidential Information and that you will not disclose any Confidential Information to third parties during the term of this Agreement and for a period of five years after its expiration.
3. DESCRIPTION OF SERVICES AND PRODUCTS
Company provides users with a rich collection of services through the Website that allows users to manage properties in the travel industry, promote those properties, and distribute information related to availability and booking through the Website (“Services”). For purposes of clarity, the term “Services” includes all functionality made available through the Website, such as the help desk system, connectivity APIs, and related support services. Any new features which augment or enhance the current Services, including the release of new features or products, is also governed by the Terms. Company reserves the right at any time to change or discontinue the Services with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.
If a service or product is listed on the Website at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that service or product, whether or not the order has been confirmed and even if your account has been charged. Our creation or transmission of order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any service offered on the Website, and we reserve the right to accept or decline your order for any reason.
4. ACCESS AND FEES
You are responsible for obtaining access to the Services, which may require transacting with third parties, such as internet providers. Fees charged for the Services are as disclosed on the Website. Your use of the Website is subject to the timely payment of such fees plus all applicable taxes.
5. LICENSE AND SITE ACCESS
Company hereby grants you, subject to the Terms, a limited non-exclusive, non-sublicensable, non-transferable, license to use the Services. You may not download any portion of the Website or use any Services other than for your own personal use. You may not use any data mining, robots, or similar data gathering tools or otherwise exploit your access to the Services for any commercial purpose. You may not use any of the trademarks, logos, or other proprietary graphics without express written permission. You may not attempt to disassemble, decompile, reverse engineer, or otherwise modify or attempt to access the software, related code, or any portion of the Services.
6. YOUR ACCOUNT
You are responsible for maintaining the confidentiality of any account information, including your login and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. You are also solely responsible for the accuracy and currency of the data entered into the Services under your user account.
7. LINKS
Company may provide links to other websites or resources. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability or content of such external sites or resources. You may create a link to the Website so long as the link does not portray Company or its products or services in a false, misleading, derogatory, otherwise offensive manner.
8. COPYRIGHT AND TITLE
The Services and all copyrights, trade secrets and other proprietary rights therein, including any derivative work, are, and will remain the sole property of Company, regardless of the use made by you; and are protected by certain United States and international copyright laws and trademark laws. The Terms confer no title of ownership in the Services, other than in the products you purchase, and are not a sale of any rights in the Services, including any intellectual property rights related thereto.
9. WARRANTY
Company warrants that the Services and all elements thereof do not infringe the intellectual property rights of any third party and agree to hold you harmless and indemnify you with respect to any final judgment obtained by a third party based on a claim that the Services infringe on the intellectual property rights of such third party.
10. DISCLAIMER OF WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 9 OF THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Company does not warrant or guarantee the availability, accuracy, or truthfulness of any information provided by or with respect to a hotelier or other provider of services accessed through the Services, including information leading to overbooking, and you agree to hold company from and against any such claims. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE WEBSITE AND/OR DELIVERY OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITATION ON LIABILITY
IN NO EVENT WILL COMPANY, ITS SUPPLIERS, SHAREHOLDERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF OR RELIANCE UPON THE SERVICES OR PRODUCTS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL COMPANY’S TOTAL LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT AND USE OF THE SERVICES, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU DURING THE 12-MONTH PERIOD PRIOR TO SUCH CLAIM ARISING.
12. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the relevant jurisdiction.
13. ATTORNEY FEES
In case of an action to enforce any rights or conditions of the Terms, or appeal from said proceeding, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party’s reasonable attorney fees and costs incurred.
14. ENTIRE AGREEMENT; AMENDMENT
The Terms are a binding contract and constitute the entire agreement and understanding of the parties, whether oral or written, relating to the subject matter hereof; are intended as the parties’ final expression and complete and exclusive statement of the terms hereof, superseding all prior or contemporaneous agreements, representations, communications, and understandings, whether written or oral; and may be amended or modified only by an instrument in writing signed by both parties.
15. ACCEPTABLE USE POLICY
In addition to any other things that might constitute a misuse of the Services, you must not, and must not attempt to do the following things:
– Modify, alter, tamper with, repair or otherwise create derivative works of any of the Services;
– Reverse engineer, disassemble or decompile the software used to provide or access the Services;
– Use the Services for research or benchmarking or any related endeavour with the intent of creating a competing or similar product;
– Use the Services in any manner or for any purpose other than as expressly permitted by these Terms;
– Sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you;
– Remove, obscure or alter any proprietary rights notice pertaining to the Services;
– Access or use the Services in a way intended to improperly avoid incurring fees;
– Use the Services to: (i) engage in any unlawful or fraudulent activity; (ii) send unsolicited or unauthorized junk mail or spam; (iii) advertise or promote a commercial product or service that is not available through Company; (iv) store or transmit inappropriate content; (v) store or transmit any content that contains viruses or harmful computer code; or (vi) abuse, harass, stalk or otherwise violate the legal rights of a third party;
– Interfere with or disrupt servers or networks used by the Company;
– Access or attempt to access the Company’s other accounts, computer systems or networks;
– Cause, in the Company’s sole discretion, inordinate burden on the Services or Company’s system resources; or
– Share passwords or other access information or devices.
16. GDPR OBLIGATIONS
If you (1) are established in the European Union (“Union”), (2) offer goods or services to data subjects in the Union, or (3) monitor the behavior of any individuals that occurs in the Union, then you must comply with the provisions of the GDPR. Without limiting the generality of the foregoing, you must: Obtain the consent of any data subject; Use the personal data only for the purposes for which consent is given; Notify us immediately if any data subject makes a complaint; and Comply with any reasonable request we may make regarding compliance.
17. PRICING
The pricing and packaging offered to you are contingent upon payment for the combined package amount. We reserve the right to increase or decrease your fees for the Services by providing you with thirty (30) days prior notice. Increased fees will only become effective when your subscription term ends.
18. NO REFUNDS
Your subscription to the Services goes into immediate effect once you enter your payment details into the system. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms, and the Services will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any Services already paid for.