TERMS AND CONDITIONS FOR SITE USAGE & INFORMATION AGREEMENT
Please read these terms and conditions of use carefully before using or obtaining any information or services through http://www.geraldshotel.com. BY ACCESSING http://www.geraldshotel.com, you agree to accept, without limitation or qualification, all of these terms and conditions of use. If you do not accept these Terms and Conditions of Use, please exit www.geraldshotel.com immediately
This Agreement governs your use of this Internet site located at http://www.geraldshotel.com (the “Site”) and is by and between GERALDS HOTELMANAGEMENT SRL, having its headquarter at no. 3 Piata Unirii, Radauti, Romania, registered at Trade Register under no. J33/902/2006, VAT no. RO 18836638 (referred to herein as “us”, “our”, or “we”) and you, on behalf of yourself and the buyer, member or supplier for which you have registered (“You”). By using, viewing, transmitting, caching, storing and/or utilizing the Site, the services or functions offered in or by the Site and/or the contents of the Site in any way, you have agreed to each and all of the terms and conditions set forth below, and waive any right to claim ambiguity or error in this Agreement. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes. You and GERALDS HOTELMANAGEMENT are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement.
This Site, including each of its modules, is the copyrighted property of GERALDS HOTELMANAGEMENT SRL. This Site and the content provided on this Site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without the written permission of GERALDS HOTELMANAGEMENT, except that You may download, display and print one copy of the materials presented on this Site on a single computer for Your personal, non-commercial use only. Unauthorized use of this Site and /or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is prohibited.
3. Content linked to the site
Links to other sites we think may be of interest to you are provided for your convenience. By providing these links, we are not endorsing or recommending such sites or the materials featured by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site.
There may be links to other sites from the Site pages that take you outside of the Site. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.
4. Disclaimer, exclusion of warranty
You agree that you use the Site at your own risk. The Site, and any related information, contents and / or materials are provided on an “as is” basis without warranties of any kind. GERALDS HOTELMANAGEMENT hereby disclaims all warranties, either express or implied, including but not limited to: warranties of title or implied warranties of merchantability; fitness for a particular purpose; non-infringement; and those arising by statute or otherwise in law or from a course of dealing or usage of trade; other than those warranties which are imposed by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
No oral advice or written correspondence or information provided by GERALDS HOTELMANAGEMENT will create a warranty of any kind, and you should not rely on any such information or advice.
Electronic transmissions, including the internet, are public media, and any use of such media is public and not private. Information related to or arising from such use is public, or the property of those collecting information, and not personal or private information.
We disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. The Indemnified Parties are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters. Further, the Indemnified Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of any information related to the Site.
You also agree that the Indemnified Parties are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with such computers or networks.
The Site may contain technical inaccuracies or typographical errors or omissions. GERALDS HOTELMANAGEMENT is not responsible for any typographical, photographic, technical or pricing (including without limitation mistaken hotel rates) errors listed on our Site. GERALDS HOTELMANAGEMENT reserves the right to make changes, corrections and / or improvements to the Site, and to the products and programs described in such information, at any time without notice.
We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
5. Limitation of liability
Neither us nor any of our affiliates, agents or representatives shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access or use of, or your inability to access or use, the Site or any materials, opinions or recommendations of third parties on the Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law. You hereby waive any and all claims against us and our affiliates, agents, and representatives arising out of your use of the Site or any materials, opinions or recommendations of third parties on the Site.
By utilizing the Site, all users acknowledge and agree that the indemnified parties are released, discharged and held harmless from and are not responsible or liable for any liability with respect to all aspects of the Site (including without limitation, any illness, losses, litigation, personal injury, death, property damage, and claims based on publicity rights, defamation, or invasion of privacy, reasonable attorneys’ fees and court costs) that may occur from use of the Site or the acceptance, possession, use or misuse of information, materials, services or products related thereto or acquired therefrom.
We reserve the right at any time and without liability to restrict or refuse access to the Site and its services, content, materials and functions to anybody. We further reserve the right to seek any form of relief, including without limitation attorneys’ fees, related to fraudulent or illegal activity connected with the use of the Site.
6. Access and interference
You will not use any process to monitor or copy the Site or the contents or information (including the Information) contained therein without our prior express written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without our prior express written consent or the appropriate third party.
The information you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Site and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. Your access to the Site may be terminated immediately without notice from us if in our sole and absolute discretion you fail to comply with any term or provision of this Agreement.
8. Governing law
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your solicitation of offers to purchase and / or sell products and / or services. Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with the laws of Romania applicable to contracts entered into and to be performed entirely within Romania. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation this paragraph. You agree that any action at law or in equity arising out of or relating to the terms of this Agreement shall be filed only in the Court of Law of Bucharest, Romania.
Questions or comments regarding the Site and the information contained in the Site should be directed to firstname.lastname@example.org. Any communication or material transmitted to us via the Site or Internet e-mail is transmitted on a non-confidential basis.