These terms and conditions and any policies or documents to which a link is provided in them (collectively, "TERMS") set out the terms of use that apply to www.hostpms.com and the mobile websites and applications owned by and/or operated by or on behalf of Host Hotel Systems ("PLATFORMS"). Host Hotel Systems is referred to in these Terms as “HOST/WE/US”.
If you have any questions regarding the Platforms or these Terms, or in the unlikely event that you have any complaints about any Host Services by you (user) from the Host Platforms, you can contact us at:
Host Hotel Systems
Rua Paiva de Andrada
2560-357
Torres Vedras
Contact Us
sales@hhs.pt
Registered in Portugal
These terms and conditions were last revised on 18 December 2022.
1. Terms Applicable to Specific Content and Areas of the Site
Some areas of the Site or Content provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or Content (including terms and conditions applicable to a corporation or other organisation and its users). If there is a conflict or inconsistency between these Terms of Use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Site or Content.
2. Use of Software
Your use of Software is subject to all agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms"). In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following: (a) the Software may be used solely for your personal, informational, non-commercial purposes; (b) the Software may not be modified or altered in any way; and (c) the Software may not be redistributed.
3. Use of Materials
You may download, store, display on your computer, view, listen to, play and print Materials that Host publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for your personal, informational, non-commercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed.
4. Reservation of Rights
The Site and Content provided on or through the Site are the intellectual property and copyrighted works of Host or a third party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an "As Is" and "As Available" basis, and Host reserves the right to terminate the permissions granted to you in Sections 2, 3 above and your use of the Content at any time.
5. Your Content
You agree that you will only upload, share, post, publish, transmit, or otherwise make available ("Share") on or through the Site Content that you have the right and authority to Share and for which you have the right and authority to grant to Host all of the licenses and rights set forth herein. By Sharing Content, you grant Host a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sub-licensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content into any Host product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by Host without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) Host’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the Content have been waived to the full extent allowed by law.
You agree that you will neither use the Site in a manner, nor Share any Content, that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information; (d) promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene or not in good taste; (f) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (g) you do not have the right and authority to Share and grant the necessary rights and licenses for; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer. Host may report you to the relevant authorities and may act under the fullest extent of applicable laws if you transmit or upload content intended or designed to cause harm.
Host does not want to receive confidential information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with Sharing Content, it shall not be considered confidential information and shall be received and treated by Host on a non-confidential and unrestricted basis and Host shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that you Share, other than as specified in Host’s Privacy Policy.
6. Security, Passwords and Means of Accessing the Site and Content
You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Host accounts, computer systems or networks. You agree not to attempt to gain unauthorised access to any parts of the Site or any Host accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any Host accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any Host accounts, computer systems or networks without Host’s express written permission.
If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Site are restricted to authorised users only. You agree not to share your password(s), account information, or access to the Site with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the Site. You agree to notify Host immediately of any use of your password(s) or account(s) that you did not authorise or that is not authorised by these Terms & Conditions.
7. No Unlawful or Prohibited Use
You agree not to use the Site, or Content provided on or through the Site, for any purpose that is unlawful or prohibited by these Terms & Conditions or the rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site.
8. Indemnity
You agree to indemnify and hold harmless Host, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of Content that you Share, your violation of these Terms & Conditions or any additional rules, guidelines or Terms & Conditions posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third party rights, including intellectual property rights.
9. Monitoring
Host has no obligation to monitor the Site or screen Content that is Shared on or through the Site. However, Host reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content in its sole discretion. Host may remove Content that is confidential or proprietary to a third party without that third party's permission.
10. Termination of Use
Host may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that Host may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Content. Host may terminate or limit your access to or use of the Site if Host determines, in its sole discretion, that you have infringed the copyrights of a third party. You agree that Host shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including Content that you may have shared.
11. Third Party Websites, Content, Products and Services
The Site provides links to Websites and access to Content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. Host is not responsible for third party Content provided on or through the Site or for any changes or updates to such third party sites, and you bear all risks associated with the access to, and use of, such Websites and third party Content, products and services.
12. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. HOST MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. HOST SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
HOST RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
13. Limitation of Liability
IN NO EVENT SHALL HOST BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR
THROUGH THE SITE.
14. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS AND CONDITIONS, INCLUDING THOSE SET FORTH IN SECTIONS 12 AND 13, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
15. Privacy Policy
Host is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see Host Hotel System’s Privacy Policy. Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with Host’s Privacy Policy. You understand that Host collects, uses, processes, possesses, and otherwise stores your personal information and utilisation data and may share such data with third party service providers for the purpose of improving or providing services subject to Host’s Privacy Policy.
16. Persons Not of Age of Majority
Persons who are not of the age of majority are not eligible to use the Site, and
we ask that no information in relation to such persons be submitted to us.
17. Availability of Products
Information on the Site may reference or cross-reference Host products, programs, or services that might not be available in your location. Such references do not imply that Host plans to make such products, programs, or services available in your location. Please contact your local Host representative for more information.
18. Waiver and Sever-ability
The failure of Host to exercise or enforce any rights or provisions in these Terms & Conditions shall not constitute a waiver of such right or provision. If any part or provision of these Terms & Condition is found to be unenforceable, such part or provision may be modified to make the Terms & Conditions as modified legal
and enforceable. The balance of the Terms & Conditions shall not be affected.
19. Applicable Laws
All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by the Portuguese republic law. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a Portuguese court. You and Host agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
20. Copyright/Trademark
Copyright © 1993, 2022, Host Hotel Systems and/or its affiliates.
More information on making claims of copyright infringement. Unauthorised copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the rights of the copyright owner. You agree that you will not use the Site or any Host site to infringe Host’s Intellectual Property rights or the Intellectual Property rights of others. You may not remove, deface, or overprint any notice of copyright, trademark, logo, or other notice of ownership from any originals or copies of Host software, third party software, or any products or Content you access on or through Host Hotel System’s Platforms.
21. Contact Information
If you have any questions regarding these Terms & Conditions, please contact Host at sales@hhs.pt. If you have any other questions, contact information is available at the Contact Host page on the Site.
