eviivo Terms and Conditions
Please read this carefully as it affects your legal rights and sets out the Terms on which we allow you to use this Website and the information contained within it. The Website is offered to you conditional on your agreement to abide by these Terms and your continued use of the Website signifies agreement with these Terms in their entirety and without modification.
1.1 ″Communication Facility” refers to any bulletin boards, chat rooms or other messaging or communication facilities(if any) that may from time to time be contained in the Website.
1.2 “Intellectual Property Rights” refers to all patents, copyright, database rights, design rights, moral rights, registered designs, trademarks or service marks, trade names, or know-how (whether registered or not and including any applications or rights to apply for registration) and all rights or forms of protection of a similar nature whether subsisting now or at any time in the future anywhere in the world.
1.3 “Licence Agreement” refers to any end-user licence agreement which may accompany the Software.
1.4 “Software” refers to any software that may be made available to download from the Website.
1.5 “Terms” refers to these terms and conditions as amended from time to time.
1.6 “We” (and related expressions like “us” and “our”) refers to eviivo Limited having its registered office at Fora Clerkenwell, 2nd floor, 9 Dallington Street, London, EC1V 0LN and “you” (and related expressions like “your”) refer to you, the user of this Website.
Intellectual Property Rights
All Intellectual Property Rights and goodwill in or relating to the contents of the Website belong to either ourselves or our business partners or to our suppliers. All Intellectual Property Rights are protected by law and you may not copy, republish or otherwise use the content of the Website save as provided in these Terms.
3.1 We, or our suppliers or business partners may update or otherwise change the contents of the Website at any time and without notice to you. It is your responsibility to ensure you are aware of any changes we may make from time to time.
3.2 The Website may contain hyperlinks to sites operated by companies or organisations other than us. You access these hyperlinks at your own discretion and risk.
Use of the Website
4.1 You may not use the Website other than as expressly authorised within these Terms or within the Website itself. You are responsible for your use of the Website including where you allow others to use your password or to access your computer.
4.2 You may download to a local hard disk and/or print extracts from the Website solely for your own personal and non-commercial use.
4.3 Subject to Term 4.2, you may not copy or reproduce part or all of the contents of the Website in any form including, without limitation, its incorporation into or store in any other website, electronic retrieval system, publication or other work (whether hard copy, electronic or other) without our express written permission.
4.4 You may not frame or link to the Website or any part of it without our express written permission.
4.5 You may not use the Website for any illegal or unlawful purpose.
4.6 You may use the “Contact Us” section only to send messages and material that are appropriate and related to the particular Communication Facility.
4.7 Any use of the Communication Facility must be responsible, reasonable and not excessive and in particular, without limitation, you shall not do any of the following:
(a) commit an offence or use the Communication Facility for illegal purposes or to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;
(b) publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
(c) upload files that contain software or other material protected by Intellectual Property Rights (or by rights of confidentiality or privacy) unless you own or control the rights in question or have received all necessary consents in writing;
(d) upload files that contain viruses, corrupted files, inappropriate data or code or any other similar software or programs or use the Communication Facility in any manner that may damage the operation of our or another’s computer, systems, websites or general operations or to unlawfully obtain access to any of them;
(e) upload files that contain an active hypertext link to another website;
(f) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
(g) falsify the origin or source of software or other material contained in a file that is uploaded;
(h) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters;
(i) download any file posted by another user of a Communication Facility that you know, or reasonably should know, cannot be legally distributed in such manner.
4.8 We shall be entitled at any time to delete, remove or suspend the whole or any part of any Communication Facility or any information posted upon them without incurring any liability.
4.9 You may not alter or delete any copyright or proprietary notice that the Website may contain.
Use of or downloading of the software
5.1 Your use of any of the Software is governed by the terms of the Licence Agreement, if any, which accompanies that Software.
5.2 You may install and/or use any of the Software accompanied by a Licence Agreement, only if you first agree to the terms of the Licence Agreement.
5.3 If any of the Software is not accompanied by a Licence Agreement, to the extent that we are legally entitled to do so, we hereby grant to you a personal, non-transferable licence to use that Software solely as required for viewing and otherwise using the Website in accordance with these Terms.
5.4 All Intellectual Property Rights and goodwill in the Software belongs to us or to our suppliers and you agree not to use the Software in any manner which may infringe those rights.
Limitation of liability and disclaimers
YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THIS CLAUSE 6
6.1 We use commercially reasonable efforts to ensure that the information on the Website is accurate and helpful at all times. However, we cannot guarantee the accuracy of that information and cannot be held liable for any use of such information by you or your reliance on it except as specifically agreed with us in writing.
6.2 Any link (be it a hypertext link or other referral device) used on the Website is provided solely for your use and convenience. Such links do not represent an endorsement or recommendation by us and do not mean that we have any association with the linked website. We are not therefore responsible for the content of any websites that have links with the Website or for the consequences of your entering into any contract(s) with their owners and do not accept any liability for any loss, damage, expense, costs or liability incurred by you as a result.
6.3 Advertising and/or sponsorship may be included on the Website. Such adverts and/or sponsorship on the Website does not represent an endorsement or recommendation by us. We are not responsible for any error or inaccuracy in advertising or sponsorship material.
6.4 We will not be liable for any loss, damage, expense, costs, delays or other liability which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium). We do not guarantee that the Website will be a continuous service or error free or that any defect will be correctable.
6.5 In no circumstances (even where we are found to have been negligent and you have warned us of the likelihood of such damages occurring) will we be liable for indirect or special damages of any kind including but not limited to financial losses such as loss of profit or business opportunity or loss of information of any kind including data.
6.5 The content of the Website does not constitute advice and should not be relied upon in making, or refraining from making, any decision.
6.6 We use commercially reasonable efforts to check for the most commonly known viruses, but we do not confirm that the Website, any e-mails or attachments are virus free and cannot accept any liability in this regard. We, therefore, recommend you carry out your own virus checks.
6.7 Nothing within these Terms operates so as to restrict our liability for death or personal injury arising from our negligence or that of our employees or sub-contractors or, if you are a consumer, affects your statutory rights.
6.8 If you use the Website in breach of these Terms you must reimburse us for any loss and/or damage caused to us by your misuse.
7.1 We reserve the right to change these Terms at any time. Any such change will be effective once reflected in the text of these Terms and published on this Web page. You should check these Terms periodically to ensure that you are aware of and complying with the current version.
7.2 These Terms and our agreement with you under them shall be governed by English Law, and you and we agree to submit to the non-exclusive jurisdiction of the English courts for the determination of any dispute between us.
7.3 The headings in these Terms shall not affect their interpretation.
7.4 If any Term shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such Term or part shall to that extent be deemed not to form part of our agreement with you but the validity and enforceability of the remainder of that agreement shall not be affected.
7.5 You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Guest Review Terms
These Guest Review Terms regulate information submitted to us by guests who are completing a questionnaire after their stay. For all other terms, please see the relevant Website Terms.
Responses to the questionnaire will be used to create an online review of where you stayed. This feedback should help others decide on where to stay. It should also help accommodation businesses understand what they are doing well and where they may need to improve. We may also use the information to improve our products and services.
By submitting your responses, you accept these Guest Review Terms. If you do not accept these Terms, please do not participate. We may change these Terms from time to time, so you should review them each time that you complete a questionnaire.
The Questionnaire, the www.bookdirectrooms.com and www.toprooms.com website are operated by eviivo Limited, a company registered in England under number 05002392, with its registered office at Fora Clerkenwell, 2nd floor, 9 Dallington Street, London, EC1V 0LN (“we”, “us”, “our”). Our VAT number is 877374571. You can contact us using the following email address: [email protected].
2.1 The questionnaire must be completed by the person/party who stayed in and booked the accommodation. Only one questionnaire per person/party per stay.
2.2 You must not submit your response to the questionnaire if:
(a) if you did not stay in the accommodation;
(b) are less than 18 years old; or
(c) have a personal or business connection to the accommodation or any of its staff.
2.3 You must not forward the questionnaire to someone else, allow anyone else to complete the questionnaire (we will send it to others who have booked through us) or impersonate or try to impersonate another person.
Your content – what we are allowed to do
3.1 We may publish, check, edit or remove all or part of the ratings, reviews, comments, photographs or other information and material, including your name, town and country, which you submit to us (‘Your Content’), at our sole discretion. We are not obliged to do any of these things and we may not. In general, we do not check, monitor or moderate any user ratings, comments or reviews and they will be automatically uploaded to the site.
3.2 You retain any copyright you may have in Your Content. By submitting material to us, you grant us a royalty-free, perpetual, irrevocable, non-exclusive worldwide licence to use, copy, edit, adapt, publish, translate, create adaptations from, make available, communicate and distribute Your Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. By submitting Your Content, you warrant that you have the right to grant this licence. The licence is capable of sub-license by us to e.g. the accommodation business in question, our booking partners and other public or private entity with whom we have dealings.
3.3 To the extent permitted by law, you waive your moral rights (e.g. the right to be identified as author or to object to derogatory treatment) in Your Content.
This clause 3 means, for example (without limitation), that we can:
- Continue to publish all or part of Your Content, including your comments, ratings, photographs, name, town and country, even if you change your mind and want us to remove it
- Remove Your Content, even if you have not breached these Terms;
- Use all or part of Your Content in promoting our products and services (e.g. we may use Your Content in our advertising and other publications);
- Edit your Content, which may result in a part of it being modified and displayed, including without your name.
This clause 3 also means, for example (without limitation), that a user review may appear on the website of the accommodation in question and on relevant accommodation booking and information sites.
Your Content – submission guidelines
4.1 You must give your honest opinion about the accommodation based on your experience of your stay. If you had communications with the accommodation before your stay (e.g. about the booking or time of arrival), you can also comment on that.
4.2 Once your review is online, everyone with Internet access can read it. Please make sure your comments are clear to ensure that they are not misunderstood. You can express a strong opinion but please do not go over the top. Don’t forget that you are legally responsible for what you submit. Please consider how your comments could be received by others. Many different types of people of different ages may view your comments.
4.3 Please be polite. Do not use swear words or crude or sexual language. Only English is allowed. Keep your submissions relevant. Do not insult other contributions or discuss the non-appearance or removal of any content. Please respect people’s privacy.
Your Content – what you are not allowed to do
5.1 You must not submit any material that:
(i) libellous, malicious, threatening, false, misleading, offensive, abusive, discriminatory, harassing or racist,
(ii) a breach of confidentiality or someone’s privacy (for example, you must not submit the telephone number, email address or other contact details of any person),
(iii) indecent, obscene or of a sexual nature;
(b) is likely to:
(i) cause a person alarm or distress;
(ii) encourage violence or racial or religious hatred;
(c) infringes any intellectual property rights, such as copyright and trademarks. This means generally that you must own the rights in everything you submit (e.g. photos and comments) or must obtain permission from the rights owner to submit the material;
(d) advertises any product or services or is for any other commercial purpose;
(e) impersonates anyone else or otherwise misrepresents your identity, affiliation or status;
(f) could prejudice any active legal proceedings of which you are aware;
(g) is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, corrupted data or other malicious or harmful software, data, components or conduct);
(i) is, encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful;
5.2 You must not include links to any websites or webpages.
5.3 You must not try to circumvent (i.e. get around) any protections we put in place for the security and operation of the questionnaire or our booking or review processes.
5.4 You must not re-submit content which you are aware has been removed.
If you see something which you reasonably believe breaches these Terms, please use the ‘Report’ or ‘Contact Us’ facilities. If there is no facility available, please contact us on [email protected]. Please do not report a review just because you disagree with what it says.
Your personal information