Last Revised: October 27, 2017
The Terms and Conditions outlined below govern the contractual relationships between stackRooms and the client. Their subject is the stackRooms application rent in return for payment by the client. stackRooms reserves the right to modify them at any time, however the client will be informed by email and is entitled to cancel the hosting contract, but may not request any indemnity whatsoever.
Our services offer our users the ability to easily manage the hotel's activity as easily as possible.
As detailed below, we offer our users numerous tools and features to manage the day-to-day of a hotel, a tourist residence, a Bed and breakfast, a hostel or any other establishment providing accommodation.
The stackRooms Terms constitute a binding and enforceable legal contract between stackRooms and you in relation to the use of any stackRooms Services - so please read them carefully.
If you do not read, fully understand and agree to the stackRooms Terms, you must immediately leave the stackRooms Website and avoid or discontinue all use of the stackRooms Services.
In order to access and use certain sections and features of the stackRooms Services, you must first register and create an account with stackRooms (User Account).
If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using the stackRooms Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
- you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the stackRooms Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the stackRooms Terms;
- your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
- you understand that stackRooms does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
- fully comply with all applicable laws and any other contractual terms which govern your use of the stackRooms Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
- regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
- receive from time to time promotional messages and materials from stackRooms or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
- allow stackRooms to use in perpetuity, worldwide and free of charge, any datas of your User Platform (or any part thereof) for any of stackRooms’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against stackRooms or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
- act in a manner which might be perceived as damaging to stackRooms’s reputation and goodwill or which may bring stackRooms into disrepute or harm;
- purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use stackRooms or stackRooms Marks and/or variations and misspellings thereof;
- impersonate any person or entity or provide false information on the stackRooms Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to stackRooms and/or any End Users;
- falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that stackRooms or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
- probe, scan, or test the vulnerability of the stackRooms Services or any network connected to the stackRooms Services;
- sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or stackRooms Services, except as expressly permitted by the stackRooms Terms;
- violate, attempt to violate, or otherwise fail to comply with any of the stackRooms Terms or any laws or requirements applicable to your use of the stackRooms Services.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
Certain parts of the stackRooms Services require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the stackRooms Services, stackRooms and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the stackRooms Services and/or User Platforms.
The use of certain stackRooms Services may be subject to payment of particular fees, as determined by stackRooms in its sole discretion (Paid Services and Fee(s), respectively). stackRooms will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
stackRooms reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, stackRooms shall have the right to automatically and without notice renew your subscription to such stackRooms Service(s) at the full applicable Fee.
All Fees shall be deemed to be in canadian Dollars, except as specifically stated otherwise in writing by stackRooms. To the extent permitted by law (and unless specified otherwise by stackRooms in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (Taxes), and you shall be responsible for payment of all applicable Taxes relating to your use of the stackRooms Services, or to any payments or purchases made by you. If stackRooms is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). stackRooms is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize stackRooms (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries stackRooms or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the stackRooms Services operate with automatic renewal, on a recurring-fees basis. Accordingly, where applicable, stackRooms will attempt to automatically renew the applicable stackRooms Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with stackRooms.
In order to avoid any interruptions or loss of services due to failure to process renewal charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to charge for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice.
Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the stackRooms Services you use. Accordingly, you shall be solely responsible with respect to any discontinuation of any stackRooms Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any stackRooms Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against stackRooms in relation to the discontinuation of any stackRooms Services or Third Party Services, for whatever reason.
If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your stackRooms account (Chargeback), this will be considered as a breach of your payment obligations hereunder, and your use of the stackRooms Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 5.3 below).
You may discontinue to use and request to cancel your User Account at any time, in accordance with the instructions available on the stackRooms Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the stackRooms Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
Failure to comply with any of the stackRooms Terms and/or to pay any due Fee shall entitle stackRooms to suspend (until full payment is made) or cancel your User Account.
If your User Account is cancelled (whether at your request or at stackRooms’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein. stackRooms shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any stackRooms Services following their cancellation, as determined by stackRooms in its sole discretion.
We provide the stackRooms Services on an As Is, with all faults and As Available basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the stackRooms Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the stackRooms Services – so please be sure to verify those before using or otherwise engaging them.
To the fullest extent permitted by law in each applicable jurisdiction, stackRooms, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the stackRooms Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the stackRooms Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the stackRooms Services; (6) events beyond the reasonable control of stackRooms, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of stackRooms Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for stackRooms’s services to you, and such limitations will apply even if stackRooms has been advised of the possibility of such liabilities.
stackRooms may change, suspend or terminate any of the stackRooms Services (or any features thereof, or prices applicable thereto), and/or change any of the stackRooms Terms with or without prior notice - at any time and in any manner. If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current stackRooms Services without enabling such changes, or provide you with alternative Services.
The stackRooms Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the stackRooms Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the stackRooms Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Canada, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Montreal in Canada.
Subject to any applicable law, all disputes between you and stackRooms shall only be resolved on an individual basis and you shall not have the right to bring any claim against stackRooms as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
We may provide you with notices in any of the following methods: (1) via the stackRooms Services, including by a banner or pop-up within the stackRooms Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. stackRooms’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
The stackRooms Terms, and your use of the stackRooms Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between stackRooms and you.
stackRooms may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the stackRooms Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of stackRooms. Any attempted or actual assignment thereof without stackRooms’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 13.6 shall not in itself grant either stackRooms or you the right to cancel any stackRooms Services or Third Party Services then in effect.
If any provision of the stackRooms Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the stackRooms Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
To get in touch with our Customer Service - please use any of the options listed below:
Go to stackRooms Help Center which is available at: https://stackrooms.com/en/support
Send an email message to: email@example.com