Terms & Conditions
For purposes of this agreement,
“Site” refers to the website, owned and operated by Company, which can be accessed at norelian.com and guesthub.io “Service” refers to the Company’s services accessed via the Site or through integration with the Site. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a visitor or user of our Site or our Service, as either a hotel employee or a guest. By accessing and or using our Site or our Service, you hereby accept our Terms of Use.
Please review the following terms carefully. By accessing and/or using the Site and/or Services, whether paid or not, you hereby agree to each of the terms and conditions set forth herein. Company reserves the right to modify the Terms of Use, at any time, without notice. It is your responsibility to check these Terms of Use periodically for changes. Your use of the Site and/or Services following any modifications signifies your agreement to accept and be bound by the Terms of Use, as modified. If you do not agree to the Terms of Use in their entirety, do not access or use the Site or Services.
Privacy Policy
Company respects the privacy
of its Service users. Please refer to the Company’s
Privacy Policy which explains how we collect, use, and
disclose information that pertains to your privacy. When
you access or use the Services, you signify your
agreement to the Privacy Policy as well as these Terms
of Use.
About the Service
Guesthub is an end-to end
guest engagement software as a service platform via a
web interface for assisting hotels in managing and
tracking guest requests, lost & found, package
tracking, airport shuttle tracking, pickup service and
guest satisfaction survey.
Use of site
- Content. All text, graphics, logos, user interfaces, images, photos, trademarks, artwork, designs, computer code and layout that appears on the Site (“Content”) is owned or licensed by or to Company and is protected by intellectual property laws. You may access the Site and the Content only for purposes to learn about Company, its products and services or for a specific purpose related to the Services. Company transfers no right, title or interest in the Content to you, whether as a result of your downloading or printing content or otherwise. You may not use, alter, copy, republish, transmit, or otherwise distribute, in any way (including “mirroring”) any portion of the Site or its Content, or create another work based on our Content or the Site, without Norelian’s prior written consent. Your unauthorized use of the Content and Site is strictly prohibited.
- Registration. Certain sections of the Site or use of the Services may require you to register an account with us. If registration is requested, you agree to provide us with accurate, complete registration information. It is your responsibility to keep that information up-to-date by contacting us with the updated information. Each registration is for a single user only. We do not permit: (a) any other person using the registered sections under your name or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. We expressly disclaim any and all liability in connection with the registration, maintenance and security of your registration. If you believe there has been unauthorized use, you must notify us immediately.
- Age Restrictions. You represent and warrant that you have the legal power, authority and capacity to accept the Terms of Use. You represent and warrant that you are either more than 18 years of age, or an emancipated minor 16 years or older, or possess legal parental or guardian consent, and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms of Use. If you do not meet the conditions above, you may not access the Site or use the Services.
- Prohibited Uses. As a condition of your
accessing and/or using the Site or Services, you
hereby agree to comply with the following
prohibitions of use. We reserve the right to
terminate any user’s access or use of the Site
without notice if such user’s access or use of the
Site or Services, in any manner, whatsoever,
violates the following prohibitions of use, in
addition to any other terms set forth herein, and to
delete any data stored in or on behalf of such
user’s account:
- You may not access and/or use the Site or Service for any purpose that is unlawful or prohibited by these Terms of Use.
- You may not access or use the Site or Services in any manner that could damage, disable, overburden, or impair the Company’s server, or the network(s) connected to the Company’s server, or interfere with any other party’s use and enjoyment of the Site or the Services.
- You may not attempt to gain unauthorized access to the Site or any Services, other accounts, computer systems or networks connected to any Company server or to any of the Services, through hacking, password mining or any other means.
- You may not obtain or attempt to obtain any Content or materials or information through any means not intentionally made available through the Site or the Services.
- You may not decompile, disassemble, or reverse engineer any of the software or Content used in any part of the Site or the Services or place, send or otherwise transmit any virus or use any malicious programs or techniques in connection with the Site or Services.
Intellectual Property Rights
You acknowledge
and agree that the Company owns and shall own all right,
title and interest, throughout the world, in and to the
Site and the Services and all copyrights, trademarks,
service marks and other intellectual property rights
associated therewith. You shall not take any action that
is inconsistent with our ownership of the Site and the
Services. You further acknowledge and agree that nothing
in this Agreement and no use of the Site or the Services
shall cause to vest or be construed to vest in you any
right, title or interest in or to the Site or the
Services other than the express right to use the Site or
the Services solely in accordance with the terms and
conditions of this Agreement. Any rights not expressly
granted herein are reserved.
Third Party Links
We provide links to third
party Sites solely as a convenience to you. These links
are not controlled by or affiliated with us in any
manner, whatsoever. We have not reviewed these Sites nor
is are we responsible for the offerings of any of these
sites or the content, privacy policies or terms of use
of these Sites. Any third party links that we provide on
our Site does not constitute or imply any endorsement,
sponsorship or recommendation by us of that third party,
its Site or the contents of its Site. You acknowledge
and agree that if you use those third party links, you
will be subject to that third party’s terms of use, its
privacy policy and information security policy and any
other terms, policies, conditions or agreements
applicable to that third party’s Site. You further
acknowledge and agree that we are not responsible or
liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with
your use of or reliance on any content or other
information available on any third party app or website.
You may not link or otherwise connect our Site or any
Content without our prior written permission.
Third Party Content and References
Third
party content may appear or be accessible through
website links on or from the Site or through use of the
Services. We shall not be responsible for and assume no
liability for any mistakes, errors, inaccuracies,
misstatements of law, defamation, slander, libel,
omissions, falsehood, obscenity, pornography or
profanity in the statements, opinions or other
representations in any such third party content
appearing on or accessible from the Site or through use
of the Services. You acknowledge and agree that the
information, views and opinions expressed in the third
party content represent solely the thoughts of the
author and are neither endorsed by nor do they reflect
the belief of the Company. It is your responsibility to
evaluate, assess and bear the risk associated with the
use of or reliance on any such content. Any and all
references to any Services, recording, event, process,
publication, Service or offering of any third party by
name, trade name, trademark or otherwise does not
necessarily constitute or imply our endorsement or
recommendation of such by the Company.
Disclaimer
THE SITE OR SERVICES ARE PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY
EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, THE COMPANY HEREBY
SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY OR LIABILITY
FOR ANY LOSS, INJURY, CLAIM, OR DAMAGE OF ANY KIND
RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO
(A) ANY THIRD PARTY APPLICATIONS OR WEBSITES OR CONTENT
THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN
THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO
ANY ERRORS IN OR OMISSIONS THEREFROM, (B) THE
UNAVAILABILITY OF THE SITE OR THE SERVICES OR ANY
PORTION THEREOF, (C) YOUR ACCESS AND USE OF THE SITE OR
THE SERVICES, (D) YOUR USE OF ANY EQUIPMENT, TECHNOLOGY,
OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES,
(E) THE SERVICES OR THE FUNCTIONS PERFORMED BY THE SITE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR
THAT DEFECTS IN THE SITE, CONTENT, OR SERVICES WILL BE
CORRECTED, (F) THE ACCURACY OR COMPLETENESS OF THE
CONTENT, AND (G) THE SITE OR SERVICES WILL BE SECURE OR
FREE FROM BUGS, VIRUSES OR OTHER PROGRAM LIMITATIONS.
THE COMPANY FURTHER SPECIFICALLY DISCLAIMS LIABILITY FOR
ANY LOSS OF DATA STORED ON OR BY MEANS OF THE SITE OR
USE OF THE SERVICES AND FOR ANY LOSS OF DATA OR OTHER
DAMAGE ARISING FROM SPYWARE, MALWARE OR OTHER
THIRD-PARTY CAUSES. TO THE EXTENT A PARTICULAR
JURISDICTION LIMITS OR DOES NOT ALLOW THE DISCLAIMER OF
IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE, THEN THE
COMPANY SHALL BE ENTITLED TO THE BENEFIT OF SUCH
DISCLAIMERS AND LIMITATIONS TO THE HIGHEST EXTENT
PERMITTED BY APPLICABLE LAW.
Limitation of Liability
YOUR SOLE AND
EXCLUSIVE REMEDY FOR ANY DISSATISFACTION OR DISPUTE WITH
THE COMPANY, THE SITE OR THE SERVICES IS TO DISCONTINUE
YOUR USE OF THE SITE OR THE SERVICES. IN NO EVENT WILL
COMPANY, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES OR
AGENTS BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY
OR DAMAGE OF ANY KIND, WHATSOEVER RESULTING FROM OR IN
CONNECTION WITH YOUR ACCESS OR USE OF THE SITE OR
SERVICES OR IN CONNECTION WITH ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES OR FAILURES IN
THE SITE, CONTENT OR SERVICES, EVEN IF THE COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
INCLUDING WITHOUT LIMITATION, ANY SPECIAL, DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM OR
ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO
USE THE SITE OR THE SERVICES. TO THE EXTENT THIS
LIMITATION ON LIABILITY IS PROHIBITED OR FAILS OF ITS
ESSENTIAL PURPOSE, THE COMPANY’S SOLE OBLIGATION TO YOU
FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU
UNDER THIS AGREEMENT OR $100.00, WHICHEVER IS LESS.
Idemnification
You are solely liable for any
content, messages or other information you transmit,
provide or upload to the Site or through use of the
Services. You agree to indemnify, defend and hold
harmless the Company, its officers, directors, employees
and agents from any claim, action, demand, loss or
damages (including attorney’s fees and costs) arising
out of or in connection with (a) your violation of any
term of this Agreement, (b) your access and use of the
Site or Services, (c) any improper, unauthorized or
illegal uses of your profile and (d) your violation of
any rights of a third party, including without
limitation any property or privacy right.
Miscellaneous
- If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed to be consistent with applicable law, while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of the Terms of Use will not be considered a waiver of our right to enforce such provision. The terms of this Agreement shall not be construed against the Company by virtue of its having drafted them. Our rights under the Terms of Use will survive any termination of use of the Services.
- The provisions of this Agreement are for the benefit of you, the Company and its affiliates, officers, directors, employees, agents, representatives, vendors, licensors, licensees, suppliers and any third party information providers to the Site or the Services. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on his, her or its own behalf. We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
- The Company will generally communicate with its users by electronic means, such as email. You consent to receive communications from us via the email you provided us, and you understand and 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.
- You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. This agreement and your access and use of the Site and Services are governed by the federal laws of the United States of America and the laws of the State of Florida, without regard to conflict of law provisions. You hereby consent to the exclusive jurisdiction of the federal or state courts in and for Miami-Dade County and waive any jurisdictional venue or inconvenient form objections to such courts. You further agree to comply with any applicable federal, state and local laws in connection with your access and use of the Site and Services. We reserve the right to seek all additional remedies available to use at law and in equity for violations of this agreement or otherwise arising from the access or use of the Site or the Services, including, but not limited to, injunctive relief and monetary damages.
- YOU ACKNOWLEDGE THAT YOU HAVE READ OUR TERMS OF USE, UNDERSTAND ALL ASPECTS OF THE TERMS OF USE, AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. WE RESERVE THE RIGHT TO CHANGE OUR TERMS OF USE AT ANY TIME AND AT OUR SOLE DISCRETION. UPDATED VERSIONS OF OUR TERMS OF USE WILL APPEAR ON THIS SITE AND ARE EFFECTIVE IMMEDIATELY. CONTINUED USE OF THE SITE OR THE SERVICES AFTER ANY SUCH CHANGES CONSTITUTES YOUR CONSENT TO SUCH CHANGES.
Contact Us
If you have any questions
regarding this Terms of Use Agreement, please contact us
by sending an email to
legal@norelian.com
This term of use agreement was last updated on October 18, 2018