This agreement between you and Imanagemyhotel Technologies Private Limited sets out the basis on which Imanagemyhotel will provide Property management solution, Hotel channel manager, Restaurant and POS system and Online Booking Engine services (‘Agreement’). We may amend the terms of this Agreement at any time by giving you not less than 30 days written notice. By using the Service you confirm your acceptance of the terms of this Agreement, as amended from time to time.
We will provide Property management solution, Channel manager, Online Booking engine and restaurant management system as described in the below schedule to this Agreement (the ‘Service’).The Service shall be provided by means of an access to a URL designated by us.
We reserve the right to upgrade, modify, alter, limit or terminate the Service at any time. We will endeavour to notify you of all significant changes to the Service.
When you avail any of our solutions and purchase a paid subscription, we will send you a “Contract agreement” which will contain all the necessary terms and conditions which both parties need to adhere to. The contract agreement shall remain valid during the entire course of your subscription and we as a company will be liable to abide by the terms mentioned in the contract agreement.
e will provide Property management solution, Channel manager, Online Booking engine and restaurant management system as described in the below schedule to this Agreement (the ‘Service’).The Service shall be provided by means of an access to a URL designated by us.
You must supply us, upon request, with all information required by us to provide the Service. You shall ensure that all information you provide is accurate, current and complete and you will advise us of any changes so that such information remains accurate, current and complete.
To enable you to access the Service, we may provide you with a username and password. Your username and password are for your use only. You must at all times keep your username and password secure and confidential and not disclose them to any third party or otherwise make the Service or designated URL available to any other person.
You are solely responsible for any use of the Service by any person using your username or password and you agree to indemnify us against any and all claims arising out of your failure to keep your username or password secure and confidential.
You agree to pay all charges for the Services as mentioned in the individual “Contract agreement” we sign with you. The subscription fee can be paid via International Wire transfer to an Indian Bank account or through a PayPal account.
All Charges are exclusive of any taxes, duties or other governmental levies or other charges which the government or other officials at your country may charge. You are responsible for payment of all such other charges, including bank transfer fees.
If you fail to pay the Charges by the due date for payment, then if upon expiry of 10 days’ written notice informing you of your failure to pay such Charges and requiring you to remedy such failure, you still have not made full payment of such Charges, we may, without further notice suspend the Service.Reinstatement of services will attract a reinstatement fee per listing.
We reserve the right to impose late interest charges on the amounts remaining unpaid. In addition, we reserve the right to recover costs associated with the collection of unpaid Charges, including any legal fees and charges relating to debt collection services.
We reserve the right to modify our pricing structure and payment conditions from time to time at our sole discretion, provided that not less than 30 days’ notice shall be given to you regarding any changes or modifications. Such notification shall be given via the email address provided by you in the Schedule (‘Organisational Information’).
Imanagemyhotel Technologies Pvt Ltd gives no warranties and makes no representations of any kind relating to the Service including, without limitation, any implied warranties of non-infringement, fitness for a particular purpose, or merchantability, and we exclude all warranties to the maximum extent permitted by law. The Service is made available to you strictly on an ‘as is’ basis.
Limitation of liability
Except to the extent that it is unlawful to exclude such liability:
We will not in any circumstances (including, without limitation, negligence or breach of statutory duty) be liable for any loss of profits, loss of revenue, loss of savings, loss of data, or for any indirect, consequential, special, exemplary, punitive, incidental, or other loss or damages regardless of the form of action or legal basis of liability even if we are advised of the possibility of such loss or damages; and
Our liability to you arising out of any and all claims whatsoever (irrespective of the cause of action) will not in any circumstances exceed in aggregate the total amount of the sums paid by you to us for the Services in respect of which we are in default (which shall not exceed the Charges paid by you for those Services during the one month period preceding the date of your claim).
You acknowledge that the access to and use of the Service may be impaired or prevented by a variety of factors beyond our control, for instance defects in your computer system and problems with Internet connectivity, and that we are not responsible for any such factors or their effects.
We shall not be liable for any failure to back up or restore any information or for interruptions, delay or suspension of access to or unavailability of the Service, or any loss of such information, data or transmissions. It is your responsibility to ensure that your data is backed up effectively.
No action arising out of or in connection with this Agreement, regardless of form, may be brought by either party more than one year after the cause of action arose.You acknowledge that intellectual property rights that may subsist in content of the Service and the processes we use to deliver the Service belong to Imanagemyhotel or its suppliers. You agree not to challenge such ownership or to act inconsistently with such ownership.
Each party agrees to keep secret and confidential at all times, all Confidential Information of the other party and will not use, communicate, cause to be communicated, copy, make available or otherwise resupply any such Confidential Information to any person except as is reasonably necessary for the purposes of this Agreement, or as otherwise required by law.
Promotion: You agree that,we may identify you as one of our clients in our promotional media and literature and disclose to current and prospective clients and investors that you are a client and user of our products and services.
Third party systems and websites: This Service interfaces with Internet sites and systems maintained by third parties (including Booking Websites). Such systems and websites are not under our control and we are not responsible for their operation or availability. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or services provided by any third party.
Personal information: We may collect ‘personal information’ from your Customers or receive personal information about your Customers from Booking Websites. Such information includes credit card details that we collect in providing the Services
You must ensure that all credit card information that is made available to you by Imanagemyhotel is held securely at all times.
We may, in our sole discretion, terminate your use of the Service immediately if you fail to comply with the terms of this Agreement. Either party may terminate this Agreement at any time for any reason by giving not less than 30 days’ prior written notice, notice may be given by us via email or post.
If this Agreement is terminated for any reason:your right to access or use the Service is immediately revoked and you shall cease use of the Service;you shall not attempt to access or use the Service without our prior written consent; and any Charges paid by you will be forfeited.
In this Agreement, unless the context otherwise requires:
‘Booking Website’ means a third party website that provides reservation services for hotels, motels, backpackers, lodges, resorts and other accommodation providers;
‘Customer’ means a person or entity that books accommodation with the Accommodation Provider through a Booking Website which interfaces with the Service;
‘Confidential Information’ means all information of a confidential nature that concerns a party to this Agreement or its business, technologies or services. Such information includes all information relating to the Service that is not general public knowledge including, without limitation, the Software, technologies, documentation, and any new product or service information relating to business but does not include information that is, or becomes, general public knowledge without fault of the Accommodation Provider; is, or becomes, available to the Accommodation Provider from a source other than the Imanagemyhotel without breach of any confidentiality obligations; is independently developed by the Accommodation Provider without use of Imanagemyhotel Confidential Information;is required to be disclosed by law or under a court order; or was already known to the Accommodation Provider prior to that information being disclosed by Imanagemyhotel;
‘Data’ means any information collected by Imanagemyhotel in relation to this Agreement including, without limitation, through the Service;
‘Intellectual Property’ means any copyright, patents, trade marks, design rights, trade secrets, layout design rights or other enforceable industrial or intellectual property rights;
‘Software’ means any computer program or script contained within the Channel Management and Booking Engine used to provide the Service, including, without limitation, any source code, object code, mark-up, or scripting used by Imanagemyhotel to provide the Service.