These Terms and Conditions (“Terms”) describe the permitted use of the accommodation search facility provided on the www.toprooms.com website and operated by eviivo Ltd under the URL link www.toprooms.com.
“Booking(s)” refers to the reservation of accommodation services by an Establishment.
“Booking Confirmation” refers to the notification issued by Us, to confirm the Booking You have made with an Establishment
“Booking Service” refers to the accommodation search facility operated by Us, under the URL link www.toprooms.com as part of the www.toprooms.com Website, which allows You to search for, book and pay for accommodation.
“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 Booking Service.
“Establishment” refers to an accommodation provider included in the accommodation search facility.
“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.
“Licence Agreement” refers to any end user licence agreement which may accompany the Software.
“Software” refers to any software that may be made available to download or use via the Website.
“Terms” refers to the Terms and Conditions as described herein and as amended by Us from time to time.
“You” refers to you, a user of the www.toprooms.com Website and a user of the accommodation search facility operated by Us on the toprooms.com Website.
“Your Content” refers to ratings, reviews, comments, photographs or other information and material, including Your name, town and country, which You submit to Us when submitting a guest review.
“We” (and related expressions like "us" and "our" and "ours” and “ourselves") refers to eviivo as the operator of the toprooms Website and Booking Service.
“eviivo” refers to eviivo Limited, a company registered in England and Wales under the number 05002392 and having its registered offices at 154 Pentonville Road, London, N1 9JE. eviivo’s VAT number is 877374571. eviivo operates the toprooms.com Website and Booking Service, including the processing of online payments for bookings made via the Booking Service.
“Website” refers to the website operated by Us at www.toprooms.com, including the Booking Service.
- Intellectual Property Rights
1.1 All Intellectual Property Rights and goodwill in or relating to the contents of the Website and the Booking Service belong to Us or Our business partners and suppliers. All Intellectual Property Rights are protected by law and You may not copy, republish or otherwise use the content of the Website search, save as provided in these Terms.
- The Booking Service
2.1 By using the Booking Service You agree to be bound by these Terms and enter into a binding agreement with Us on the basis of these Terms.
2.2 We, or Our suppliers or business partners may update or otherwise change the contents of the Website and the Booking Service 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.
2.3 In addition to these Terms further specific terms and conditions will apply to any booking You make with an Establishment via the Booking Service. When You make a booking via the Booking Service, Your Booking will be made directly with the Establishment but any online payment against such Booking, whether full or partial, will be processed by Us (on behalf of the Establishment) as the merchant of record.
2.4 The terms and conditions applicable to any Bookings made via the Booking Service are further detailed in Our Booking Terms, as amended from time to time and published on www.toprooms.com/booking-terms
- Use of the Booking Service
3.1 You may not use the Website other than as expressly authorised within these Terms and the terms set out within the Website itself. You are responsible for Your use of the Booking Service, including where You allow others to use Your password or to access Your computer.
3.2 You may download to a local hard disk and/or print extracts from the information provided via the Website or the Booking Service solely for Your own personal and non-commercial use.
3.3 Subject to Clause 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 storage in any other website, electronic retrieval system, publication or other work (whether hard copy, electronic or other) without Our express written permission.
3.4 You may not frame or link to the Website or any part of it without Our express written permission.
3.5 You may not use the Website for any illegal or unlawful purpose.
3.6 You may use the "Contact Us" section only to send messages and material that are appropriate and related to the particular Communication Facility.
3.7 Any use of any Communication Facility made available via the Website 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 which 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.
3.8 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 by You or others without incurring any liability.
3.9 You may not alter or delete any copyright or proprietary notice that the Website or the Booking Service may contain.
- Use of the Software
4.1 Your use of any of the Software is governed by the terms of the Licence Agreement, if any, which accompanies that Software.
4.2 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 and Booking Service in accordance with these Terms.
4.3 All Intellectual Property Rights and goodwill in the Software belongs to Us or to Our suppliers or Our business partners and You agree not to use the Software in any manner which may infringe those rights.
- Limitation of Liability and Disclaimers
5.1 We use commercially reasonable efforts to ensure that the information displayed on the Website and via the Booking Service is accurate and helpful at all times. However, We cannot guarantee the accuracy of that information and cannot be held liable for any reason whatsoever for any use of such information by You or Your reliance on it except as specifically agreed with Us in writing.
5.2 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 offer information via our Website or via the Booking Service or for the consequences of Your entering into any contract(s) with their owners and We do not accept any liability for any loss, damage, expense, costs or liability incurred by You as a result.
5.3 Advertising and/or sponsorship may be included on the Website or presented to You via the Booking Service. Any such advertisement and/or sponsorship displayed on the Website do not represent an endorsement or recommendation by Us. We are not responsible for any error or inaccuracy in advertising or in the sponsorship material.
5.5 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 the provision of the service by any Establishment with whom You make a booking via the Booking Service or any failure of transmission, communication, computer or other facilities or Your inability to access the Booking Service 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 Booking Service will be a continuous service or error free or that any defect will be correctable.
5.6 We do NOT provide accommodation services to You. We do NOT make any recommendations or provide any assurances as to the quality or suitability of the accommodation displayed on our Website or booked via the Booking Service. Should You have any concerns in relation to a Booking made via the Booking Service with an Establishment listed on Our Website, including but not limited to, any aspects of the Establishment’s operation, hygiene, health and safety practice or services, You should address these with the Establishment directly, or contact the relevant regulatory authority. Neither Ourselves, nor Our business partners and suppliers shall be liable to You for any failure by the Establishment with respect to any aspect of the provision of accommodation and other accommodation related service, including but not limited to the Establishment’s failure to adhere to ANY relevant laws, including those with respect to health and safety.
5.7 In no circumstances (even where We are found to have been negligent and You have warned Us of the likelihood of such damages occurring) shall 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. Subject to 5.10, Our total liability to You is limited to the price of any Booking You make via the Booking Service with an Establishment, or, if the price of the Booking cannot be determined, to a maximum amount of £500.
5.8 The content of the Website and any information provided to You via the Booking Service does not constitute advice and should not be relied upon in making, or refraining from making, any decision.
5.9 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.
5.10 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 with respect to the services we provide to You, as defined herein and on our Website.
5.11 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 of the Website.
- General Notices
6.1 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. These terms were last updated on 1st May 2015.
6.2 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.
6.3 The headings in these Terms shall not affect their interpretation.
6.4 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.
6.5 You may not assign, sub-licence or otherwise transfer any of Your rights under these Terms.
- Data Protection