Terms

Summary of Terms

Hoteliyo (“Hoteliyo,” “We” or ”Our”) offers this website and others (the Website), products and services (together, the “Services”) to You subject to these Terms and Conditions. By accepting these Terms, or by accessing or using Services, You represent and acknowledge that You have read, understood and agree to be bound by these Terms (including all headings and contents here, ie. Terms & Conditions, Service Agreement, FLEX Plan, E-Store and other Terms) and that the information You provide in registering with Hoteliyo is accurate, complete and 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 “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 all these Terms and may not use Hoteliyo’s Services and you must immediately stop using the Services. You acknowledge that these Terms constitute a contract between You and Hoteliyo, even though it is digital and is not physically signed by You and Hoteliyo, and that these Terms govern Your use of the Hoteliyo Services and supersede any prior agreements between You and Hoteliyo.

Terms & Conditions

Description of Services
The Hoteliyo Services includes the Hoteliyo.com website, estore.hoteliyo.com website, related websites, the Hoteliyo FLEX Program and any and all hotel advisory and consulting services and related support services provided to You, including data, text, images, reports, analysis, advice, emails, videos, and other content provided by Hoteliyo. Any new services or features that are from time to time added to or augmenting the Hoteliyo Services and related services are also subject to all these Terms.

Coverage of the Terms
When engaging our Services whether via email, phone, in person or any other means of communication, or when signing a Service Agreement with Hoteliyo including by digital signatures, or when using this or our websites, these Terms shall apply.

Identity Authentication
We use techniques to identify You when You use Hoteliyo Services. To comply with legislative requirements, we screen our client accounts and may collect information from You to satisfy such requirements and sanctions. We may request that You provide us with documentation to help prove Your identity for business and personal verification purposes. Under these terms of use, You authorise Hoteliyo, directly or through third parties, to make any inquiries we consider necessary to validate Your registrations.

Security of Accounts
Hoteliyo may provide You with a username and password to access the Hoteliyo Services. Users that access Hoteliyo Services service do so with User account(s) which are provided to them by Hoteliyo. You are responsible for maintaining confidentiality of your account and password. You agree to accept responsibility for all activities and changes to data under your user account(s) or password(s). We reserve the right to suspend or terminate accounts or edit content or cancel orders in Our sole discretion.

Use of Our Websites
Hoteliyo doesn’t represent or warrant that the material comprised in this Website is completely accurate, updated or applicable to the circumstances of any particular person, situation, business or other legal entity and accordingly, Hoteliyo shall have zero liability in respect of such material, downloaded files or other information. Hoteliyo doesn’t warrant that this Website or any of our websites, servers or content delivery system making it available are free from viruses, interception or harmful components.

Comments & Guest Author’s
The Website may allow you to posts comments. Comments posted to the Website must be topical. Hoteliyo may review and delete any content, in whole or in part, that in their sole judgment violates these Terms or which might be offensive, illegal or that might violate the rights of or harm any third parties. Hoteliyo does not control the content posted by third parties and as such, does not guarantee the accuracy, integrity or quality of such content. You agree and understand that by using the Website, you may be exposed to content that is offensive, indecent or objectionable. You agree that Hoteliyo is free to use any comments, information, ideas, concepts, reviews or techniques or other material contained in any communication you may send, without compensation, acknowledgement or any payment to you. You agree to contribute relevant comments and not post spam text.

Opinions, quotes and comments expressed are solely each Author’s and they do not represent the opinions of Hoteliyo or any of their employers or clients, nor do they represent official opinions of Hoteliyo. Any comments on articles are not official opinions.

Communications & Emails
When you use Services or the Website, or send e-mails to us or communicate with us digitally, you are communicating with us electronically and thereby you consent to receive communications from us electronically. We will interact and contact with you by e-mail or other means or by posting notices on this site or through the other Hoteliyo services, including but not limited to post comments and social media. You agree that agreements, notices, emails, disclosures and other communications that we provide to you electronically satisfy any legal requirement that communications be in writing. Digital signatures shall be valid.

In & Out Web Linking
Hoteliyo encourages linking to its Website, provided that any links do not improperly indicate an endorsement by or affiliation with Hoteliyo, or otherwise adversely impact Hoteliyo, and pursuant to these Terms. If you want to link to any of Our Websites, please contact Hoteliyo. By linking, you acknowledge and agree that the content on this Website and the design of the Website belong to Hoteliyo. You may not alter the visual representation of the Website. You agree to indemnify and defend Hoteliyo against claims arising because of Your website. No link(s) may appear on Your Website or within any context containing content or materials that may be interpreted as being spam, libellous, obscene or criminal, or that which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. Hoteliyo may at any time, in its sole discretion, without cause, terminate the license granted herein to link to any page of Hoteliyo’s Website. In such event, you agree to immediately remove all URL links to the Website. Hoteliyo isn’t responsible for the content of any other website, including any such website through which you may have gained access from this Website. Where Our Website provides a hyperlink to a third party website it is done so because Hoteliyo believes in good faith that such a website may contain material which is relevant to that on this Website. Such a hyperlink doesn’t signify that Hoteliyo or its subsidiaries have reviewed or approve the third party’s website or its contents. You choose to view such websites at your own risk. On rare occasions, affiliate links might be utilised on Hoteliyo.

Warning & Illegality
Unauthorised access or viewing, which infringes any laws, regulations, copyright or other intellectual rights or any other right of Hoteliyo, may result in civil and/or criminal liability. If you are unauthorised to access or view the Website in any particular cities, country or location, if you still view the Website in any format, you do so at your own discretion and entirely at your own risk.

If the advertising, offering, or selling of any goods and/or services referred to on this Website is illegal for any reason in the jurisdiction where it is accessed or viewed, viewing such material is not authorised. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Website or any content whatsoever or information unless you obtain Hoteliyo’s prior express written consent. You agree that you will not, through any means, interfere or attempt to interfere with the proper operation of the Website. You agree that you will not provide to Hoteliyo any viruses, worms and/or other computer programming routines that are intended to damage, disrupt, or detrimentally interfere with, impact, intercept or expropriate systems or data, and any content that may create liability for Hoteliyo and further, that you will indemnify Hoteliyo for any damages whatsoever from any and all such actions and pay any and all financial damages incurred from such activity.

Copyright & Trademarks
Unauthorized use and/or duplication of this material without express and written permission from this site’s author and owner is strictly prohibited. Minor excerpts less than 50 words and links may be used provided that full and clear credit is given to Michael Metcalfe and Hoteliyo.com, with working links to the original content URL. Save as expressly permitted in writing from Hoteliyo, no part of the Website or Services may be reproduced in any form including any whole or part reproductions, including storing it in any medium by electronic means whether or not temporary or incidental to some other purpose. For the avoidance of doubt, any commercial use is wholly and strictly not permitted. You may not iframe or scrape the Website, whether manually or other.

Trademarks referred to or displayed on this Website may be registered trademarks and either owned by Hoteliyo, or partners and affiliates or owned by unrelated companies and used for purposes as sharing news, insights, education and information.

Confidentiality
Hoteliyo acknowledges that, in the course of its performance of Services which are paid services, it 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. During the provision of paid Services to You, Hoteliyo will not disclose Your Confidential Information, to any third party without Your prior consent. If you engage Hoteliyo paid Services to represent You with third parties, written consent is expressly included and Hoteliyo will act of your behalf as needed for Service.

We reserve the right, without expressly identifying you, to list any Services and projects executed by our Services as examples of work completed by Hoteliyo. If you have unique confidentiality needs, please advise Hoteliyo prior to any Services have started.

Intellectual Property
You acknowledge and agree that Hoteliyo owns all right, title and interests in and to the Hoteliyo Services (including but not limited to any and all analysis, techniques, processes, consulting, templates, models, financial tools, works and methodologies incorporated into the Hoteliyo Services) the accompanying documentation and printed materials, and any copies of the Hoteliyo Services. Hoteliyo does not grant You any right, title or interest in or to the Hoteliyo Services. The URLs representing the Hoteliyo website(s), “Hoteliyo” and all related logos of our Services described are either subject to copyrights, trademarks or registered trademarks owned by Hoteliyo and may not be copied, imitated or used, in whole or part, without Our prior written permission.

Force Majeure
You agree that Hoteliyo 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 communications or third party services, failure of third party Services or inability to obtain materials, supplies, or people for provision of Services.

Disclaimer of Warranties
Hoteliyo, its related companies, officers, employees, affiliates, contractors, agents and its suppliers provide the Hoteliyo Services and any related services without any warranties or condition, express, implied or statutory to the maximum extent permitted by law, and further, specifically disclaim any implied warranties of title, merchantability, fitness for purpose and non-infringements to the maximum extent permitted by law. We do not guarantee continuous, uninterrupted access to Hoteliyo and Our Services or related services, and operation of Services and Website(s) may be interfered with by numerous factors outside of our control.

Liability for Services
You shall in Your sole discretion, decide to implement any advice, recommendations, processes, strategy, information and any opinions provided by us. Our Services will be delivered solely for your internal use and zero responsibility is accepted to a third party, even where You request Services to work with third-parties. Advice is valid for a limited time and subject to re-evaluation.

Indemnities & Releases
No Consequential Damages. Under no circumstances and under no legal theory (whether within contract, tort, negligence or otherwise) will Hoteliyo, or such party’s affiliates or their respective officers, directors, employees, agents, contractors, suppliers or licensors be liable to You or Your other parties or a 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 Services or Website, regardless of whether or not such party has been advised of the possibility of or could have foreseen such or any damages. You agree to engage our Services in good faith.

You agree to fully indemnify and keep fully indemnified Hoteliyo, its related companies, directors, officers, employees, agents, affiliates, contractors and suppliers against liability, damages, claims, losses, costs or delays arising from any uses or misuses of Hoteliyo, the Services or Website. You further fully indemnify and keep fully indemnified Hoteliyo from any injuries or deaths to any third party caused or contributed to by Your act, neglect or default, or the act, omission, neglect or default of Your servants and agents. If we are deemed to have any liability to You, it shall be limited to the amount You have already paid for that specific and itemised service as listed in an agreement, or in our sole discretion a percentage of past payment, related to specific item.

Severability
If any provision in these Terms is held by a court of binding and competent jurisdiction to be unenforceable, such provision will be modified by the court and interpreted so as to best accomplish the purpose and intent of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms and terms in Service Agreements shall remain in effect.

Cancellation & Termination
Hoteliyo reserves the right to terminate Your access to the Hoteliyo Services at any time for any reason whatsoever without or with notice to You. Hoteliyo shall not be liable to You or any third party for any modification, suspensions or discontinuations of the Services. If You breach any of these Terms or other terms in our agreements, Hoteliyo reserves the right to terminate Your access to the Hoteliyo Services immediately on becoming aware of such breach. Failure to immediately respond to any breach by You of these Terms or terms within a Service Agreement, will not invalidate any of Hoteliyo’s legal rights and remedies available.

In the event Hoteliyo terminates Your Services, You will be invoiced for any outstanding amounts You owe and such amounts will be payable immediately. Failure to pay within 7 days will incur further charges, as outlined within the Late Payments for Services.

Late Payments for Services
Notwithstanding Our rights under these Terms, if payment has not been received from You within 7 calendar days, You agree to Hoteliyo charging and you paying 1% interest per day on the total amount owed, in addition to the amount You still owe. Unless otherwise agreed in writing by Hoteliyo, our strict and standard payment terms are 7 calendar days regardless of Your location.

Entire Agreement
These Terms supersede prior versions of these Terms, or any other discussions, agreements or understandings by or among the parties (other than written agreements accepted by both parties). We may amend these Terms from time to time with or without notification, in which case the new Terms will supersede prior versions. These Terms detail the entire understanding between us.

Governing Law
These Terms And Conditions are governed by and interpreted under the laws of the state of Queensland, Australia. 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.

Service Agreements

When you engage Hoteliyo for some Services, a written scope of work with inclusions, service fees, payment timing and terms and any special and specific terms shall be defined and agreed within a ‘Service Agreement’, which shall operate in conjunction with these Terms here. Any special terms agreed in writing within such a Service Agreement will override terms in these Terms.

FLEX Plan Terms

Contract
When You signup online for Hoteliyo FLEX and submit Your initial payment, You are deemed to have accepted these Terms.

Inclusions
Hoteliyo’s FLEX Plans operate in accordance with the details here. If You have queries about inclusions, please email Hoteliyo.

‘Anytime’
For Anytime FLEX, after Your initial pre-paid hours expire, Hoteliyo may request further pre-payment from You prior to doing further work. Hoteliyo may also invoice you for amounts in arrears, which will be payable within 7 days of that invoice’s date.

Payments
If You are based in Australia, our preferred ongoing payment method is EFT (Electronic Funds Transfer) via Direct Debit. If You prefer or if You are based elsewhere, monthly plans will be charged via Direct Debit from Your Debit or Credit Card via Stripe.

Additions
If You request Services or work in addition to time you have paid for, You agree to pay Hoteliyo for all additional time incurred.

Cancelling
For Monthly FLEX, You can cancel the plan by giving 21 days notice before your next renewal, by emailing hello@hoteliyo.com.

Changes
Hoteliyo reserves the right to, from time to time, change hourly or monthly fees with notice to You, unless You have signed a Custom FLEX agreement in which case the price and related terms of such agreement will take precedence over these terms.

E-Store Site Terms

Online Purchases
Our Services and sites, like estore.hoteliyo.com, allow you to purchase documents, templates, videos, services and resources.

Pricing & Currency
All prices listed are in their listed currency, but this is subject to change at any time. We recommend XE.com for rate conversion. Prices charged to overseas cards are based on your Card Providers or other exchange rates applicable on the day of purchases.

Payment Processes
HTTPS secure protocols, PCI Compliance and SSL requests on Hoteliyo.com and related websites are handled by Stripe, PayPal, Selz.com or other technology tools. You agree that Hoteliyo shall have zero liability whatsoever for any fraudulent transactions.

Use of Purchases
The delivery and use of certain products, downloads and services may be completed by an affiliate, partner or other provider, as advertised by Hoteliyo from time to time. Such affiliates, partners or third-party providers are solely and fully responsible for any delivery and execution, viability, service and support of such products, and Hoteliyo shall have zero liability with such purchases. You are advised to seek professional advice regarding implementations of any advice or suggestions, as suitable for your needs.

Pre-Sale & Support
For pre-sale or post sale enquiries, contact us. If you have enquiries about any ‘hotel advisory services’ available for immediate ordering online, please contact us before you order. Unless otherwise stated within a product or order description, the purchase of downloads, templates and products does not include any support or services by Hoteliyo to apply or customise any products.

No Refunds Available
As all products, downloads and templates are virtual items and can be accessed and used immediately once purchased, refunds are strictly not available. Any services ordered and paid for are also not refundable – unless Hoteliyo in its sole discretion advises the order cannot be fulfilled. Prior to ordering any services online, please contact Hoteliyo with any questions or pre-sale needs.

Hoteliyo Cancellations
Hoteliyo reserves the right to cancel any order in its sole discretion and if any online order is cancelled by Hoteliyo, the amount you paid will be refunded to you within a maximum of 7 business days, subject to the processing times of third-party providers.

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