These conditions of use (hereinafter the “Conditions of Use“) govern access to and use of the services described here below (hereinafter the “Services”) and delivered through the website hotelbrand.com (hereinafter the “Site”). These Services are provided by Xoko S.r.l., with legal offices at Naples, Via Toledo, 116 – 80134, Tax Code and VAT no. 05287350655 (hereinafter “Xoko”) to subjects, physical or legal people, (hereinafter the “Users”). By entering or using this Website the user agrees to be bound by these Conditions of Use. If the user does not wish to comply with the provisions of these Conditions of Use, he/she is asked to leave the Website immediately without using any of its facilities. The aim of the service is to manage the reputation to end users of the User’s establishment/company providing hotel or other accommodation (hereinafter the “Establishment“) through functionalities that allow the User to monitor the digital reputation of his/her own Establishment in real time, highlighting strong points and any problems. In particular, the Service envisages the collection and processing of information on the Internet that refers to the User’s accommodation or catering Establishment, enabling the on-line reputation of the Establishment and the management of the proprietary channels linked in any way to that Establishment to be monitored. The Service is delivered in SaaS web mode. The User will be able to access the Service using the credentials Xoko will provide him with, without having to install any component or software at his own work place.
We invite the User to consult our Information Notes on Privacy and our Cookies policies that regulate the use of Xoko’s Services, at the url hotelbrand.com/en/privacy-policy
- Use of the Site
The Website is intended for commercial use. The reproduction or dissemination, even partial, of the documents of this site (text, backgrounds or graphics) by electronic means or by any other means of communication, and the altering of any part of this site are prohibited.
- Copyright, trademarks and intellectual property rights
Xoko has exclusive ownership of the “Hotelbrand” registered trademarks/domain names, irrespective of the purpose; any use of them without the authorization of Xoko is forbidden and will be legally prosecuted. All the information contained on the Website as well as, merely by way of example, all patents, trademarks whether registered or not, copyrights, logos/symbols, company names, trade names, drawings, photographs, designs, names, material, contents, programs, information databases, resources, links/connections, descriptions of Internet resources and any other document or information are the exclusive and absolute property of Xoko. They may not be exploited or used by the user without the prior written consent of Xoko and in no instance are they to be used in a misleading manner, such as would give rise to any possibility of a misunderstanding about the ownership or availability of related property rights held by Xoko. Any violation of the above-mentioned provisions is expressly prohibited by law and may result in severe civil and criminal penalties. Offenders will be prosecuted to the fullest extent of the law.
- Access to the reserved area
The User, responsible for the storing and secrecy of the password selected, is the holder of a personal, non-transferable right of access to the reserved area of the Site as well as to the Services delivered in this area. The User undertakes, therefore, to store and use these credentials with maximum confidentiality and care, also so as to avoid their being used by unauthorised third parties. To this effect, the User acknowledges and accepts:
- that if third parties get to know these credentials it could enable them to make illicit use of the Service assigned to him;
- that he will be held responsible for any damage caused to Xoko and/or third parties through the knowledge or use of the password by third parties, including as a consequence of non-compliance with what is stipulated above;
- that he will immediately notify Xoko in writing of any theft, misplacement or loss, or indeed appropriation in any form of the aforementioned passwords by third parties.
As a result of the above, and in any case where illicit or inappropriate use of the Internet site is suspected, Xoko reserves the right to suspend the access user name and password allocated to the User. The User undertakes to release Xoko from liability and keep it unharmed from any and every claim and/or demand arising from use and/or misuse of the Service by third parties not properly registered with the Internet site.
- The Service offered by Xoko
The “Hotelbrand” Service provided through the Internet site will be delivered to the User, who from that moment takes on the title of “Customer“, when Xoko, having received the purchase order (hereinafter the “Order“), signed by the User, and subsequent payment of the sum due in advance payment for the annual subscription fee to the Service, has sent the User (hereinafter the Customer), express confirmation of acceptance of the Order. The Customer will be notified of the acceptance by certified email (PEC) and/or ordinary email to the PEC/email address given to Xoko by the Customer at the time of signing the Order.
- Price and methods of payment.
All prices, unless otherwise indicated, are to be taken as inclusive of VAT (at the ordinary rate in force at the time the invoice is issued). The cost to purchase the Service varies according to the type of subscription that the Customer intends to take out. The types of subscription available, as described in greater detail on the Site, are divided into monthly and annual. Xoko, in any event, reserves the incontestable right to make variations to the prices published on the Site and to the types of subscription available, in the ways envisaged by subsequent clause no. 13. Payment of the cost of the Service must be made by credit card or bank transfer when the Order is signed by the Customer. If Xoko does not confirm the purchase, it will be obliged to reimburse the Customer in full for the sum received, without any penalty, indemnity etc. being paid by the Customer him self.
- Guarantee and responsibility for services
Xoko undertakes to do all that is in its power to provide the Service continuously but offers no guarantee that it might not be subject to suspensions and interruptions and denies any responsibility regarding any eventual claims from the Customer relating to it not being possible, for whatever reason, to use the Service. Xoko will not be responsible for any delays, non-execution or malfunctions and/or interruptions to the delivery of the Service caused by (a) force majeure, (b) alterations made by the Customer or by unauthorised third parties, (c) malfunctions of the terminals used by the Customer, (d) total or partial interruption of the service to access the network caused by another telecommunications operator, (e) any other fact or circumstance that cannot be attributed to malice or serious fault on the part of Xoko. The source code, information and material contained on Xoko are accurately, fully and suitably processed, revised and updated: no guarantee, whether expressed or implicit, is provided for any possible errors, omissions and/or inaccuracies in the code, information and material, or in the results that can be obtained from them. In any event, if Xoko is considered responsible for the total or partial non-fulfilment of its own obligations arising from the business relationships agreed upon, the total reimbursement owed to the Customer or to third parties cannot in any case exceed 100% of the payment for the Service with regard to which the specific damages are claimed.
- Length of contract for delivery of the Service
The length of the contract can be monthly or for 12 (twelve) months. No provision for automatic renewal of the contract is envisaged.
- Dissolution of the contract
The other provisions contained in these Conditions of Use being understood, the non-fulfilment of any of the obligations charged to the Customer in line with these General Conditions gives Xoko the right to unilaterally, and with immediate effect, dissolve the purchasing contract concluded. Xoko reserves the right to communicate to the Customer its reason for the dissolution of the contract within the 7 following days, without prejudice to any claim for reimbursement for the damages incurred, however.
- Violations of the terms and conditions.
In any case, the User shall be held directly responsible for any harm resulting from the violation of these Conditions of Use and undertakes to hold Xoko harmless from any damages, costs or expenses consequent upon a failure to comply with the same.
- Linked sites
Linked sites, unlike those that belong to its affiliates, are not under the control of Xoko that, consequently, is in no way responsible for the content of the linked site or for the link address. Linked sites adopt their own independent policies for the collection and processing of personal data, to which you are specifically referred. Xoko accepts no liability for the contents of such sites nor for the provisions set out in their respective privacy policies.
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- Modification of General Conditions
It is within Xoko’s power to correct, update or change in any way or at any time, in whole or in part, the arrangements contained in these General Conditions, without that causing any harm to the Customer; if there are any changes to the arrangements contained in these General Conditions, including any changes arising from technical evolutions of the Service and/or of the tools connected to it, Xoko will undertake to send relevant communication of this to the Customer, with the new Conditions of Use, and the Customer will be able to withdraw from the contract without any penalties or expenses, within 10 (ten) days of the aforementioned communication. In any case, the Customer is requested to check the contents of Conditions of Use from time to time in order to take note of any possible modifications. Eventual modifications to these Conditions of Use will be communicated to the Customer by PEC (certified email) and/or email and will be effective from the date upon which that email is sent.
Xoko provides its Customers with an operator-managed assistance and support service. The assistance and support service will operate from 9.00 a.m. to 1.00 p.m. and from 2.00 p.m. to 6.00 p.m. UTC+1. The assistance and support service can be activated and enjoyed by the Customer in the following ways:
- chat service on the Internet site, accessible using the same user licence details that the Customer uses for the Service;
- contact form via the knowledge basemanagement system, accessible from help.hotelbrand.com
The Customer is obliged to promptly inform Xoko of any eventual irregularities or malfunctions detected in the Service; Xoko will make every reasonable effort to deal as quickly as possible with any problems the Customer raises, in a way that is compatible with the time frames during which the assistance and support service is provided. Requests for intervention that might require Xoko to be notified of the Customer’s Service access credentials or that might, in any event, involve Xoko’s accessing the Customer’s Service, must be sent by email. In such cases the Customer authorises Xoko to carry out the requested intervention; the Customer acknowledges and accepts that this intervention may take place in varying time frames as a result of the following criteria: 1) type of intervention requested; 2) order of arrival of the request for intervention; 3) degree of priority of the request for intervention. In order to enable the requested intervention to be carried out quickly and correctly, the Customer undertakes to provide all the details and information requested by Xoko.
Any news, document or information directly or indirectly concerning the Service or the Xoko organisation which the User or its staff or partners has become aware of in relation to the business relationships agreed, must be treated in complete confidence and cannot, in any circumstances, be made available to third parties, even in part.
- Applicable law
The use of this Website is governed by the provisions of the applicable laws of Italy. Any possible dispute relating to the execution, validity, interpretation or opposability of the business relationships set out in the contract will be dealt with, exclusively, by the Court of Napoli.