Hotelogix Terms of Service

Hotelogix is the name of the software owned by HMS

1. Grant of License

HMS Infotech Pvt. Ltd., here after referred to as HMS, is an IT enabled company providing services & solution for the Hospitality & Travel Industry. Hotelogix is the name of the software owned by HMS”.

By Subscribing to the service, you agree to the following terms and conditions (the “Agreement”) governing your use of HMS’s Online Service, including Offline components, if any (collectively, the “Service”). If you are entering into this agreement on behalf of a company, then you represent that you have the authority to make purchase decisions for the company and all references to you shall refer to your company.

Hotelogix is a Web based Property Management System designed especially for small to mid size resorts/ businesses. These terms of use are intended to explain our obligations as a service provider and your obligations as a customer. Please read them carefully.

These Terms are binding on any use of the Software and apply to you from the time that HMS provides you with access to the Software

We believe the Hotelogix Application will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the Hotelogix Software. HMS reserves the right to change these terms at any time, effective upon the posting of modified terms and HMS will make every effort to communicate these changes to you via email or notification via the website. It is likely the terms of use will change over time. It is your obligation to ensure that you have read, understood and agree to the most recent terms available on the Website.

2. Definitions

2.1 "Access Fee"

means the monthly fee (excluding any taxes and duties) payable by you in accordance with the fee schedule set out on the Website (which HMS may change from time to time on notice to you).

2.2 "Confidential Information"

includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Software but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.

2.3 "Data"

means any data entered and saved by you into the Software.

2.4 "Intellectual Property Right"

means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

2.5 "Software"

means the software available (as may be changed or updated from time to time by HMS) via the Website.

2.6 "Website"

means the Internet site at the domain www.Hotelogix.com or any other site operated by HMS.

2.7 "Hotelogix"

Hotelogix is the name of software owned by HMS

2.8 "you"

means you and includes your employees, consultants, representatives and agents.

3. Use of Software

HMS grants you the right to access and use the Software via the Website with the user roles according to your subscription type. This right is non-exclusive and non-transferable and limited by these Terms.

4. Your Obligations

HMS grants you the right to access and use the Software via the Website with the user roles according to your subscription type. This right is non-exclusive and non-transferable and limited by these Terms.

4.1 Payment obligations:

An invoice for the Access Fee will be issued to the Billing Contact each month starting 1 month from the date you added your first Hotel Property within HMS. All invoices will include the Access Fee for the preceding period of use. HMS will continue invoicing you monthly until this Agreement is terminated. All HMS invoices will be generated electronically and reach by email, payable within 10 days of the invoice date. You are responsible for payment of all taxes and duties in addition to the Access Fee as and when applicable in your country by-laws.

4.2 Renewal

Your subscription to the Service(s) will renew automatically for a Subscription Term equivalent to Last Subscription Term. Unless otherwise provided for in any Form, the Access Fee applicable to Your subscription to the Service(s) for any such subsequent Subscription Term shall be Our standard Access Fee for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences. You acknowledge and agree that, unless You terminate Your Subscription Service with an advance notice of 30 days Your credit card will be charged automatically for the applicable Access Fee.

We may use a third-party service provider to manage credit card and other payment processing; provided, that such service provider is not permitted to store, retain or use Your payment account information except to process Your credit card and other payment information for Us. You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by e-mailing Us at accounts@Hotelogix.com.

4.3 Refunds

Unless otherwise specified in these Terms or a Form or a Service Plan, all Subscription Charges are nonrefundable. No refunds shall be issued for partial use or non-use of the Service(s) by You.

4.4 Late Payments/Non-payment of Subscription Charges

We will notify You if We do not receive payment towards the Subscription Charges within the due date for Your Account. For payments made through credit cards, we must receive payments due within a maximum of three (3) days from the date of Our notice and for payments through other accepted methods, We must receive payments within a maximum of five (5) days from the date of Our notice. If We do not receive payment within the foregoing time period, in addition to Our right to other remedies available under law, we suspend Your access to and use of the Service(s) until We receive Your payment towards the Subscription Charges as specified herein and/or; terminate Your Account

4.5 Change in Subscription Plan

You may upgrade or downgrade within a Service Plan or between two Service Plans. You understand that downgrading may cause loss of content, features, or capacity of the Service(s) as available to You before downgrading Your Account. We will not be liable for such loss. When You upgrade or downgrade, the new Subscription and its Access Fee become applicable from next billing cycle. Upon upgrade, the new Access Fee for the subsisting month would be charged from next billing cycle and Your credit card will be charged automatically. Upon downgrade, the new Access Fee will be applied from next billing cycle.

4.6 Applicable Taxes

Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying the Taxes that would be levied against You by government authorities. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.

4.7 General obligations

You must only use the Software and Website for your own lawful internal business purposes, in accordance with these Terms and any notice sent by HMS or condition posted on the Website.

4.8 Communication Conditions

AAs a condition of these Terms, if you use any communication tools available through the Website (such as any forum, chat room or message center), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Software including (but not limited to): offers of goods or services for sale, files that may damage any other person's computing devices or software, content that may be offensive to any of our other users, or material in violation of any law (including material that is protected by copyright or trade secrets which you do not have the right to use).

When you make any communication on the Website, you represent that you own the content of the communication. HMS is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Software. As with any other web-based forum, you must exercise caution when using the communication tools available on the Website. However, HMS does reserve the right to remove any communication at any time in its sole discretion.

4.9 Access conditions

You will ensure that all usernames and passwords required to access the Software are kept secure and confidential. You will immediately notify HMS of any unauthorized use of your passwords or any other breach of security and HMS will reset your password, or you can also do the same from the Administration Control Panel. As a condition of these Terms, when accessing and using the Software, you must:

  • not attempt to undermine the security or integrity of HMS 's computing systems or networks or, where the Software is hosted by a third party, that third party's computing systems and networks;
  • not use, or misuse, the Software in any way which may impair the functionality of the Software or Website, or impair the ability of any other user to use the Software or Website;
  • not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Software is hosted;
  • not transmit, or input into the Software, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use); and
  • not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the Software or the You indemnify HMS against all claims, costs, damage and loss arising from your breach of any of these terms or any obligation you may have to HMS, including (but not limited to) any costs relating to the recovery of any Access Fees that have not been paid by you.

4.10 Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any EU data privacy laws (including the General Data Protection Regulation).

If you are an EEA Member, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.

You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this section.

5. Confidentiality and Privacy

5.1 Confidentiality:

Unless the relevant party has the prior written consent of the other or unless required to do so by law:

  • Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
  • Each party's obligations under this clause will survive termination of these Terms.
  • The provisions of clauses 5.1.1 and 5.1.2 shall not apply to any information which:
  • is or becomes public knowledge other than by a breach of this clause;
  • is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
  • is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
  • is independently developed without access to the Confidential Information.

5.1.1 Identity authentication

HMS use many techniques to identify You when You register on the Hotelogix software. To comply with legislative requirements, and global sanctions, we screen our customer 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 verification purposes. Under these terms of use, You authorize HMS, directly or through third parties, to make any inquiries we consider necessary to validate Your registration.

5.1.2 Site security

HMS shall provide You with a username and password to access the Hotelogix software.

All users who - access the Hotelogix Software s do so with user credentials provided by HMS. You are sole responsible for maintaining the confidentiality of your user account information and your password. You agree to accept responsibility for all activities and changes to data that occur under your user account(s). Hotelogix will not be held accountable for changes made by either the users or by the associated vendors.

5.1.3 Credit card data

HMS attributes high importance to the security of cardholder data, including the functions relating to charging, processing, and transmitting of the cardholder data. Hotelogix uses SSL encryption to transmit all credit card data and other confidential information and adhere to follow the PCI standards. Hotelogix affirms that, as of the last updated date of these terms and conditions, Hotelogix does not store identifiable credit card details in its database.

HMS affirms that we will review and validate our security standards time to time and will perform necessary vulnerability scans on our systems periodically. Hotelogix will immediately notify You if we learn of any vulnerability and will immediately inform You of the steps being taken to remediate the status. In no event should HMS’s notification to You be later than seven (7) calendar days after HMS learns of such an issue.

5.2 Privacy Statement

We have created this privacy statement in order to demonstrate our firm and continuing commitment to the privacy of personal information provided by those visiting and interacting with this website. We hold the privacy of your personal information in the highest regard. The following discloses our information gathering and dissemination practices for this website.

Hotelogix recognizes the importance of protecting your privacy and our policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site. This policy will be continuously assessed against new technologies, business practices and our customers’ needs.

HMS maintains a Privacy Policy that sets out the parties’ obligations in respect of data. You should read that policy at www.Hotelogix.com/privacy-policy.php since you will be taken to have accepted it when you accept these Terms.

5.2.1 What information do we collect ?

When you visit ourwebsite, you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis, and website use information collected on an aggregate basis as you and others browse our website.

5.2.2 Personal information you choose to provide

Registration Information. When You register for any of our services or newsletters you will provide us with information about yourself.

Email Information. If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same level of protection for electronic communications as we do for information received by mail and telephone.

Communication with You. Registration or correspondence with us via email constitutes a commercial relationship and implies consent for us to communicate with you regarding our services. We promise to only send you information deemed relevant to our commercial relationship and any email communication you may receive from us highlighting our services, special offers or promotions will include an opt out or unsubscribe feature.

5.2.3 Website use information

Similar to other commercial websites, our website utilises a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and web server log files to collect information about how our website is used. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at our website, and the websites visited just before and just after our website.

5.2.4 Storage of collected information

The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When credit card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete credit card details.

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

5.2.5 Access to collected information

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at accounts@Hotelogix.com. If you wish to deactivate your service, we will require 30 days’ notice in writing.

5.2.6 How do we use the information that you provide to us ?

Broadly speaking, we use personal information for purposes of administering our business activities, provision of services, monitoring the use of services, marketing and promotional efforts, improvement of our content and service offerings, and customization of our website’s content, layout, services and other lawful purposes. These activities improve our site and enable us to better tailor it to meet your needs.

Furthermore, such information may be shared with others on an aggregate basis. Personally identifiable information or business information will not be shared with parties except as required by law and/or to provide business services with your consent.

Occasionally, we may also use the information we collect to notify you about important changes to our website, new services, and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive these offers.

5.2.7 What are cookies ?

A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Browsers are usually set to accept cookies. However, if you would prefer not to receive cookies, you may alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of our site will not function as effectively when viewed by the users. A cookie cannot retrieve any other data from your hard drive or pass on computer viruses.

5.2.8 How do we use information we collect from cookies ?

As you visit and browse our website, the site uses cookies to differentiate you from other users. In some cases, we also use cookies to prevent you from having to log in more than is necessary for security. Cookies, in conjunction with our web server’s log files, allow us to calculate the aggregate number of people visiting our website and which parts of the site are most popular. This helps us gather feedback to constantly improve our website and better serve our clients. Cookies do not allow us to gather any personal information about you and we do not intentionally store any personal information that your browser provided to us in your cookies.

5.2.9 Ip addresses

IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as traffic data so that data (such as the web pages you request) can be sent to you.

5.2.10 Sharing and selling information

We do not share, sell, lend or lease any of the information that uniquely identify a subscriber (such as email addresses or personal details) with anyone except to the extent it is necessary to process transactions or provide services that you have requested.

5.2.11 How can you access and correct your information ?

You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing us at support@Hotelogix.com.

5.2.12 What about legally compelled disclosure of information ?

We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights. We may also disclose account information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Service or to protect the safety of our users and the Public.

5.2.13 What about other websites linked to our website ?

We are not responsible for the practices employed by websites linked to or from our web site or the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to the users of our website.

Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including websites which have a link on our website, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

5.2.14 Your consent

By using our website, you consent to our collection and use of your personal information as described in our Privacy Policy. We reserve the right to amend privacy policy at any time with or without notice.

5.2.15 Our commitment to data security

Please note that your information will be stored and processed on our computers in USA. The laws on holding personal data in USA may be less stringent than the laws of your country of residence or citizenship. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

6. Intellectual Property

6.1 General:

Title to, and all Intellectual Property Rights in the Software, the Website and any documentation relating to the Software remain the property of HMS (or its licensors).

6.2 Data:

Title to, and all Intellectual Property Rights in, the Data remain your property. However, your access to the Data is contingent on full payment of the HMS Access Fee. You must maintain copies of all Data inputted into the Software. HMS adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. HMS expressly excludes liability for any loss of Data no matter how caused.

In the event this Agreement is terminated (other than by reason of your breach), HMS will make available to you a file of your Data within 30 days of termination if you so request at the time of termination. HMS reserves the right to withhold your Data without notice if termination of subscription is due to your non-payment. Upon termination for cause, your right to access or use the Data immediately ceases, and HMS shall have no obligation to maintain or forward any Data to you.

7. Warranties and Acknowledgements

7.1 Acknowledgement:

  • You are authorized to use the Software and the Website and to access the information that you access using the Software and the Website (whether that information is your own or that of anyone else).
  • If you are using the Software and accessing the Website on behalf of or for the benefit of an organization (whether a body corporate or not) then HMS will assume that you have the right to do so and that organization will be liable for your actions or omissions (including any breach of these Terms).
  • The provision of, access to, and use of, the Software is on an "as is, where is" basis and at your own risk.
  • HMS does not warrant that the use of the Software will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Software, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Software. HMS is not in any way responsible for any such interference or prevention of your access or use of the Software.
  • It is your sole responsibility to determine that the Software meets the needs of your business.

7.2 No warranties

HMS gives no warranty about the Software. Without limiting the foregoing, HMS does not warrant that the Software will meet your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

7.3 Consumer guarantees

You warrant and represent that you are acquiring the right to access and use the Software and agreeing to these Terms for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Software, the website or these Terms.

8. Limitation of Liability

To the maximum extent permitted by law, HMS excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of Data, profits and savings) or damage resulting, directly or indirectly, from the use of, or reliance on, the Software.

If you suffer loss or damage as a result of HMS 's negligence or failure to comply with these Terms, any claim by You against HMS arising from HMS 's negligence or failure will be limited in respect of any one incident, or series of connected incidents to the access fees paid by you in the previous one month. If you are not satisfied with the Software, your sole and exclusive remedy is to terminate these Terms.

9. Termination

9.1 Discontinuation policy

If you choose not to continue with the service, HMS has no obligation of providing you with the backup of your data and reserves the right to delete your account from the Hotelogix system.

9.2 Accrued Rights

Termination of these Terms is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement you will:

  • remain liable for any accrued charges and amounts which become due for payment before or after termination; and
  • immediately cease to use the Software and the Website.

9.3 No-fault termination

These Terms will continue for the period covered by the Access Fee paid. These Terms will automatically continue for the same period unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. Breach: If you:

  • breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
  • breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach or any payment more than 30 days overdue); or
  • the paying subscriber goes into liquidation or has a receiver or manager appointed of any of its assets or becomes insolvent, or makes any arrangement with its creditors, or becomes subject to any similar insolvency event in any jurisdiction,
  • HMS may take any or all of the following actions, at its entire discretion:
  • Terminate these Terms and your use of the Software and the Website;
  • Suspend for any definite or indefinite period of time, your use of the Software and the Website;

HMS may take any or all of the following actions, at its entire discretion:

  • Terminate these Terms and your use of the Software and the Website;
  • Suspend for any definite or indefinite period of time, your use of the Software and the Website;
  • Take either of the above actions in respect of any other persons in your organization or who have access to your information or that of your organization.

10. Help Desk

10.1 Technical Problems

In the case of technical problems, you must make all reasonable efforts to investigate and diagnose problems before contacting HMS. If you still need technical help, please check the support provided online by HMS or failing that email us at support@Hotelogix.com.

10.2 Service availability

Whilst HMS intends that the Software should be available 24 hours a day, seven days a week, it is possible that on occasion it may be unavailable to permit maintenance or other development activity to take place.

If for any reason HMS have to interrupt the Software for longer periods than HMS would normally expect, we will use reasonable endeavors to publish in advance details of such activity on the Website.

11. General

11.1 Entire agreement:

These Terms, together with the HMS Privacy Policy and the terms of any other notices or instructions given to you under these terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and HMS relating to the Software and the other matters dealt with in these Terms.

11.2 Waiver:

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing

11.3 Delays:

Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

11.4 No Assignment:

You may not assign or transfer any rights to any other person without HMS's prior written consent.

11.5 Service availability:

Whilst HMS intends that the Software should be available 24 hours a day, seven days a week, it is possible that on occasion it may be unavailable to permit maintenance or other development activity to take place.

If for any reason HMS have to interrupt the Software for longer periods than HMS would normally expect, we will use reasonable endeavors to publish in advance details of such activity on the Website.

11.6 Governing law and jurisdiction:

TThe laws of the Republic of India, shall govern this agreement. Any disputes arising out of this agreement shall be subject to the jurisdiction of the courts located in or near New Delhi, INDIA.

11.7 Severability:

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

11.8 Notices:

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to HMS must be sent to support@Hotelogix.com. or to any other email address notified by email to you by HMS. Notices to you will be sent to the email address which you provided when setting up your access to the Software.

Rights of Third Parties: A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Term

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