Terms & Conditions

The Terms of Service Provision concern an agreement between you (the “User”, “Hotelier”) and Recompile (“Hotelist”, “we” or “us”). Our purpose is to help our customers manage information and bookings by providing them with various tools, such as management of third electronic booking channels, a bookings system, clientele management, bookings management, electronic marketing and social media tools, accounting graphs and invoicing (issue of invoices, receipts, cash receipts). Below, we are laying down the rules governing the operation of our application. Should you have any question regarding these terms & conditions, do not hesitate to contact us, either through email or by telephone. We would like to underline that the use of Hotelist entails the acceptance of all following terms and conditions, the Privacy Policy and the other legal notices that we may post on our website.

1. Content of products and services

All products and services that are available through the Application, as well as all material and services provided by or through Recompile, its subsidiaries, its employees, its mediators, its intermediaries or other commercial partners, including, among others, the software, all information texts, the software documentation, the design and the ‘look and feel’, the arrangement, the photos, the graphics, the sounds, the videos, the messages, the instant messages, the design and functions, the files, the documents, the images or other materials, regardless of whether they are publicly posted or privately transmitted, as well as all derivative works thereof (collectively the “Materials”) are the exclusive property of Recompile or other parties that have obtained a license for the material or provide services to us, and are protected by the legislation and, in particular, the legislation on copyright, trademarks and other intellectual property rights. All Hotelist trademarks, service marks, logos and slogans belong to and are the property of Recompile. All other trademarks, service marks, logos and slogans belong to and are the exclusive property of their respective owners. Unless otherwise provided for herein, no provision hereof may be construed as granting any license or right of use for any trademark, service mark, logo, phrase or slogan that appears on the Hotelist page, save with our explicit, written permission or the explicit, written permission of the said third parties that may own the trademark, the service mark, the logo, the slogan or the label.

2. Recompile rights

Recompile hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials, through a user identification reference (User ID) that is provided by Hotelist to some extent. This applies up to the point where you are given access, in order for you to use the Services in accordance with the terms and conditions of this Agreement. Under no circumstances are you licensed and you agree not to, without limitation: store, copy, reproduce, republish, modify, download, publish, share, translate, disclose, rent, lease, loan, sell, distribute, transfer, transmit, project, rebuild, reverse engineer, decode or in any other manner attempt to discover the source code or any other code used in or by the Materials, with the exception of the manner permitted by this Agreement.  You are not allowed to sell, assign, provide warranties or attempt to transfer any right to the Materials, create any derivative works that are based on the Materials or commercially exploit the use of the Materials in any manner, in whole or in part, with the exception of those actions permitted under this Agreement. Any use of the Materials for any purpose other than those expressly stated herein, without our prior consent or the prior written consent of our licensors, as the case may be, is strictly prohibited.

We are obliged to provide you with a User ID for each of your accounts, in order for you to be able to access the Materials through our Application. You agree to provide complete, true and accurate information upon creation of your account and you are obliged to regularly update such information. If you refuse or fail to do so for any reason, this may result in the cancellation of the account and the loss of the Services. You also agree (a) to not provide your user information to anyone who is not an employee of yours, and (b) to ensure that all persons allowed to use your information are fully aware and have agreed in writing to comply with the terms hereof.

3. Your responsibilities

Recompile assumes no liability for your Content, since you are exclusively and legally liable for all information, data, texts, software, music, sound, photos, graphics, videos, messages or any material that has been uploaded, mailed or stored with respect to the use of the Services (“Content”). You hereby grant Recompile a global, royalty-free, non-exclusive license to host and use the “Content” in order to provide you with its Services. You, also, hereby represent and guarantee that you have all necessary rights in order to grant us such a license. You remain fully liable for any type of Content that may be lost or become non-recoverable through the use of the Services. This is the reason why you must back-up your content on a regular basis.

Recompile is not responsible for inputting information for rooms, bookings, prices, availability or any other information beyond the initial installation of your account. You are exclusively responsible for all information and the input thereof.

4. Monitoring of information provided by you.

Recompile reserves the right, but is not obliged, to monitor the content in the Application or in websites created with the use of our Services. We are entitled to disclose any information necessary or appropriate for performing our legal obligations, in order to protect Recompile, Hotelist or its customers, or the proper operation of the Services. Recompile, at its unfettered discretion, reserves the right to refuse to publish, to delete or to request you to remove any content, in whole or in part, if it is considered offensive, immoral, improper or in breach of this Agreement. Recompile, at its discretion, may request from you to protect, in whole or in part, your content with a password. If Recompile has requested you to create a password or if a password for Hotelist has been created, you are not allowed to publish the password or any similar information in any manner that limits the effectiveness of such password. If Recompile requests you to create a password for any of the content and this is not done immediately, Recompile reserves the right to (a) create itself a password for the Content, or even (b) terminate this Agreement with immediate effect.

5. Our right to access other accounts & services

Some of the Services may request from you to grant access or provide the user information and password for accounts or services you are using through third providers. When you provide such information or when you grant us access to such third party accounts, this entails that you agree and that you have read all required contracts and legal rights in order to grant us access, the login information and the passwords.

6. Comments

All questions, comments, suggestions, ideas or other information provided by you to us (“Comments”) are not considered confidential. You hereby grant us a global, permanent, non-revocable license to reproduce, project, process, modify or use in any manner such Comments, in any manner we consider appropriate for any and all commercial or even non-commercial purposes, at our unfettered discretion.

7. Regarding intellectual property

If you believe that any of the Material infringes upon your intellectual property, you can notify our competent employee who handles complaints regarding intellectual rights and claim infringement of your intellectual rights. For more information, you are requested to carefully read our Intellectual Rights Policy.

Recompile Terms of Use

You fully agree with the following:

1. You confirm that you are older than 18 years old.

2. You will ensure that the email address you used for registration will be valid at all times and that you will keep your contact details true, accurate and updated.

3. You are not going to use the Services or the Materials for any illegal purposes or for committing any illegal act, such as fraud, embezzlement, money laundering or exploitation of confidential information.

4. You are not going to use the Services or the Materials in order to impersonate somebody else.

5. You are not going to imply or claim, directly or indirectly, that you are related to or authorized by Recompile, without our written permission.

6. Unsolicited messages (also known as spam) may not be sent, either through Hotelist or for the purpose of promoting any page that was built on our Website.

7. You may not upload, publish, send, transfer or make available in any manner any content containing digital viruses (worms, trojans) or any other electronic code, files or programs that interrupt, destroy or limit the operation of the Services or the Materials, or which may affect any Hotelist user’s ability to access the Services.

8. Access to the Services through automated methods is not allowed. The Services may be used through an electronic device only by means of non-automated methods.

9. You may not send messages through the Services, which do not recognize the sender. In addition, you may not change the origin of the electronic messages or the posts.

10. You may not share your password, grant access to your account to anyone else, or take any action that could jeopardize the security of your account. You may not attempt to or gain access to the Services or the Materials in any manner other than through the means provided by Hotelist.

11. You may not attempt to or actually circumvent any security element included in the Services or the Materials of Hotelist.

12. You are not entitled to attempt to or participate in any action that directly or indirectly intervenes in the proper operation or poses any obstacle to the Hotelist infrastructure.

13. Publication of Content or links to content such as:

  • Pornographic, sexual or violent content;

  • Illegal content (including material infringing intellectual rights or somebody else’s content);

  • Content that may cause damage or can be reasonably considered defamatory or slanderous;

  • Content that violates private life; are not permitted.

14. Publication of unwanted content which is automatically created and/or which contains immoral or unwanted commercial content, designed to increase traffic to other sites, or to improve search engine rankings or for further illegal acts (such as phishing), or to mislead its recipients regarding its source (such as spoofing).

15. You must ensure that your country of residence is the same as in the billing address.

9.  Charges

1. You can agree to a 12, 6 or 3 months contract with Recompile.

2. You may upgrade or downgrade your contract with any other contract offered by Recompile throughout the term of your active contract. Any downgrade will be activated in the next subscription period.

3. Only Services and Functions reported as “free” or “free of charge” are provided for free. Recompile is not obliged to provide free of charge technical support for the use and operation of Hotelist. All other applications, functions and support provided by Recompile and its associates will be provided against the charges stated for each service in the Website (Prices) and you will be liable to pay them.

4. If you have registered for a trial use of the Services (Trial Period), you must decide whether you are going to purchase the services during such period. After the use of the Services during the trial period, if you decide not to purchase the full version of the Services, you will not be able to access or recover any of the data that you have added or created during the trial period.

10. Taxes

You are fully liable for all taxes and duties of any kind that are related to the Services, including taxes on sales related to the purchase or sale of Commercial Products. In addition to VAT collection and payment within the EU, Recompile does not assume any liability for any taxes or duties that must be paid in accordance with or in respect of Commercial Products. In case of purchase or sale of Commercial Products, you are liable to determine whether you are going to charge taxes or not on your sales in any transaction and collect the files and refer them to the competent authority. You assume full liability for all taxes and duties of any kind related to the Services, including any taxes on sales related to the purchase or sale of Commercial Products. VAT will be charged depending on the case.

11. Insufficient Information, Data Faults

You are exclusively responsible for the accuracy and appropriateness of the data and the content in the Hotelist Application and your website - which includes, without limitation, taxes calculation, pricing and description of products, other charges, contact information and email, and electronic processing of payments. Recompile may not be held liable for any inaccurate information or any damage caused by inaccurate information. Recompile is not obliged to keep copies of the files or documents sent by you. You are exclusively responsible for managing such data.

12. Termination conditions

  1. The services may be terminated unilaterally by us, at any time and without cause.

  2. The services may be terminated unilaterally by you, without cause, by following the termination procedures.

  3. Recompile reserves the rights to terminate the services, at any time, without penalty and notice, if you refuse to comply with any of the terms laid down in this Agreement or with the intellectual property protections applicable for these services.

  4. The Services termination notice by Recompile may be sent to the email associated with your account. Upon termination, Recompile is entitled to delete all data, files or other information stored in your account.

13. Third Parties Websites & Services - Support is not involved

The Website may contain links to other websites owned by third parties (“Third Parties Websites”). Please note that when clicking any of those links you are going to visit a different website for which we bear no responsibility and over which we have no control. Moreover, through the website, you can log in with you accounts for services provided by third parties (“Third Parties Services”) or for connecting your accounts for Third Parties Services with your Hotelist account. Recompile assumes no liability for any activity taking place in Third Parties Services, even if you are logged in through your Hotelist account. It goes without saying that we assume no liability for any loss or damage of any kind resulting from your use of any external location and/or Third Parties Services, regardless of whether you have logged in to an external service through our Website.  You are aware that External Pages and Third Parties Services may be subject to terms by the third party service provider. You are exclusively responsible for reviewing and complying with any such terms of use of the service. Any reference in our Website to any websites, products or services of third parties may under no circumstances be construed as approval or support thereof on our part.

14. Warranty

The Application, the services and the materials are provided “as is”, “as available”, “with all faults” and without any warranty of any kind, express or implied, to the maximum extent permitted by the applicable legislation. Recompile and all beneficiaries disclaim any and all warranties of any kind, including, without limitation, any indirect warranties of title, marketability, suitability and non-infringement. Without limiting the foregoing, neither Recompile nor its licensors warrant that access to the Application, the Materials and the Services provided through the Website will be uninterrupted or free of faults, or that any faults will be corrected. Neither Recompile, nor its licensors, make any promise regarding the accuracy, the reliability, the actuality, the quality, the completeness, the usefulness, the performance, the safety or the appropriateness of the Services, the Materials, and the Application. You explicitly agree that the use of the Application is your exclusive responsibility. In addition, Recompile does not assume any liability and will not provide any warranty for the delivery of any messages (such as emails, publication of responses or transmission of any user generated content) which are sent to anyone through the Application.

In addition, you acknowledge and agree that any data, information, content or material contained in the services does not constitute a substitute for the knowledge, know-how, experience and judgment of other professionals. You are exclusively responsible for obtaining tax or legal advice, since the Services do not provide such information.

In addition, Recompile and its licensors do not represent and do not provide any warranty that the Services, the Material or the Application are appropriate or available for use in all geographical areas. If you are using the Application, the Services or the Materials outside the EU, you are exclusively responsible for complying with the applicable legislation, including, without limitation, the import and export legislation of other countries. Neither Recompile, nor any provider, partner or associate provide any warranty that the Application, the ITS servers, the Materials, the Services or any email sent by the Application or third providers is free from viruses or any other harmful elements.

This agreement applies only for the Application. As a part of the Services provided to other users of Hotelist, we host websites for some external sites (“Third Parties Websites”). Third Parties Websites contain content offered by third parties and are not subject to the management and control of Recompile. Recompile is not responsible for third parties websites, including, without limitation, their accuracy, sufficiency, reliability, truthfulness, completeness or actuality, or of any link included therein, nor for any modifications or updates thereof or of any good or service. Access to or use of third parties websites by you is governed by the terms applicable to each and every website.  The hosting of any website, content or service of third parties by Recompile does not imply approval on its part.

15. Limitation of liability

It must be noted that we are not liable towards you or any other person for any damage of any kind, including, without limitation, any penalty clause, direct or indirect damage (including, without limitation, any personal injury, loss of profit, suspension of works, loss of software or other data from your computer) caused by or related to the use of the Application, the Services or the Materials, the commercial products or the content made available through the Application, either through breach of contract, or negligence or liability. Recompile, its subsidiaries, its executives, its managers, its management, its partners, its agents and its employees hereby disclaim any liability, claim and damage of any kind and nature (including, without limitation, actual, specific or random ones), known and unknown, suspect or otherwise, notified or not, resulting from or related in any manner with the use of the Application, the Services, the Materials, the Trademark, the Content or third parties website available through Hotelist. This Agreement deviates from the provisions of any state or local law restricting or prohibiting a general disclaimer.

16. Exclusive Indemnity

You agree that the sole and exclusive indemnity is your stopping the use of the Application, the Services and the Materials. Under no circumstances will Recompile, its subsidiaries and licensors be liable for the use of the Application, the Services, the Materials, the Trademark, the Content or third parties websites available through Hotelist, including, without limitation, for any errors or omissions, any infringement of intellectual property rights or other third party rights or for any loss or damage of any kind resulting from or related to the use of the Application, the Services, the Materials, the Trademark, the Content or third parties websites available through Hotelist.

17. Conditions for Termination / Exclusion

In addition, we reserve the right to change, replace, refuse access, terminate services, in whole or in part, change or adjust prices for all or some of the services, in respect of you or all our users, at any time, and at our unfettered discretion. All such changes shall become effective as from their posting on the website or as from our direct communication with you, unless stated otherwise. In addition, we reserve the right to refuse, remove and reject any content made available as part of your account, with or without notice, if we consider it non-compatible with the terms hereof. In order to avoid any doubt, Recompile is not obliged to store, keep or provide a copy of the content which you or other users have added through the use of the services.

18. Indemnity

You hereby agree to indemnify, hold harmless and defend Recompile and its licensors of any kind, its suppliers, its employees, managers, representatives/agents, its subsidiaries, its special and/or universal successors, as well as its assignees (referred to herein for reasons of brevity as the “Indemnified Parties”) from any liability and third party claims for any loss, damage, expense and/or cost (without limitation, including lawyers’ fees), that may be incurred or caused by or against the Indemnified Parties in relation to any claim arising from or in relation to (i) the use of the Services, the Application, or the Materials, (ii) your Content, or (iii) any commercial product you offer to or through the Application and/or through the use of our Services. This includes, without limitation, any violation or breach of any term hereof by you or any third party using your account, with or without your consent. You also agree to fully cooperate, at your own expense, as reasonably requested by the Indemnified Parties. Each Indemnified Party may, at its choice, assume the defense and the control of any issue/case for which it is going to be indemnified. You may not conclude any judicial or extrajudicial settlement or any arrangement of any issue and/or case that involves the Indemnified Parties without their prior, complete and written consent.

19. Amendments

We reserve the right, at our unfettered discretion, to amend or replace any part of this agreement at any time, becoming effective as from the date of the amendment. In case of any such amendment to this Agreement, we are obliged to publish it on our Website. If you have a Hotelist account you may (but not necessarily) receive a notification via email to the address kept on file, informing you of the amendments. However, it is common knowledge that sometimes there are email communication problems. We assume no liability if any notification through email is filtered as SPAM and you fail to read it, or if you have provided us with a wrong email address (or failed to notify us of your new address), or if there are other communication issues that prevent the successful receipt of emails. Therefore, we recommend frequent visits to the site and to keep track of any amendments. Continuous use or access of the Services, after the registration of any amendments hereto, entails the acceptance of such amendments.

If, in the future, we provide new services and/or features through the Application (including the publication of new tools and resources), it is clear that the said new features and/or services will be subject to the terms and conditions of this Agreement.

20. Disputes

Any dispute or claim arising out or on occasion of this agreement, is governed by Greek law. The Courts of Nafplio are designated as having jurisdiction.

21. Privacy Policy

We recommend to you to carefully read the Personal Data Privacy Policy and to use the information contained therein in order to take the correct decisions. Please, also, note that some information, representations, data and content (such as photos), which you can add in the Application, are possible to reveal your gender, your descent, your nationality, your age and/or other personal information for your person. You acknowledge and agree that the submission of such information is voluntary on your part. In addition, you acknowledge, agree and consent to our accessing, keeping and disclosing any information you provide, if required by the legislation or if, according to our opinion, maintaining access or disclosing them is necessary. Disclosure of information to third parties will be further discussed in the Privacy Policy.

22. Supplementary notes

Under no circumstances do you have any right of withdrawal, injunction or other compensation, {{or the right}} to limit the operation of Hotelist, the exploitation of any advertisement or other materials related thereto or to the operation of the Application or any content used or presented through the Application.

23. Terms that must be published on your Website

You are responsible for drafting the terms of use and the privacy policy of any website hosted by us on your behalf, as part the Services (“Hosted Website”). However, the terms of use of your Hosted Website must appoint us as a third party beneficiary and must contain {{provisions on}} intellectual property rights, limitations of liability, disclaimers of warranties and provisions on indemnity to the benefit of Recompile, which will be as advantageous for Recompile as the provisions of this Agreement are. You are also responsible for drafting the privacy policy of the hosted website, which must contain terms for the protection of the user information, such as the ones contained herein.

You agree to indemnify and hold harmless Recompile and its licensors, suppliers, employees, managers, employees, and representatives, its subsidiaries and its successors from any liability, loss, claim, damage, expense or cost (including, without limitation, lawyers’ fees) arising from or related to its use, access or in relation to the hosted Website, including the purchase, sale or other distribution of commercial products.

24. Final provisions

  1. If any part of this Agreement is considered non-enforceable, the remaining part will remain valid and applicable.

  2. Any failure or delay, on our part, in the exercise of any right or judicial remedy, provided hereunder or by the legislation, will not constitute a waiver of such right or remedy.

  3. Any amendment to or waiver of this agreement must necessarily be in writing and signed by us.

  4. You will not assign to any third party any of your rights or obligations pursuant to this agreement, without our prior, written consent.

  5. All our rights and obligations in the context of this agreement may be used freely and transferred - assigned by us in case of a merger, buy-out, or sale of assets, either as mandated by the legislation or otherwise.

  6. This agreement does not provide any rights or privileges to any third party.

  7. A printed version hereof and any relevant notification documents in electronic form will be accepted in judicial or administrative procedures that are based on or related to this agreement, to the same extent and under the same terms applicable for other professional documents and records created and kept in printed form.

  8. Accepting our Terms & Conditions implies acceptance of our privacy policy for personal information. Managing the personal information of the client Hotel's guests is the clients responsibility.

 

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