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Terms and conditions 

 Terms and conditions

In relation to the website www.reservation.tools and/or any sub-website and/or associated domains of www.reservation.tools (the 'Site').

 

General Notice

 

PLEASE READ THESE TERMS OF SERVICE (THE 'TERMS') CAREFULLY. BY ACCESSING OR USING THIS SITE AND/OR ANY OF OUR SERVICES (AS DEFINED HEREUNDER), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN, OUR PRIVACY POLICY AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE AND/OR ANY OF OUR SERVICES.

 

Definitions

 

"We"/"Us"/"Our"/"Reservation.tools " means Reservation Ltd  UIC/BULSTAT: 203865762 with seat, registered and correspondence address: Tintyava 15, Sofia, e-mail: sales@reservation.tools, telephone: +359 2 495 0888.

 

"You"/"Your"/"Yourself"/"User" means the user of the Site and/or customer of the 'Services' (as defined hereunder) including but not limited to users offering content and/or other materials or services on or through the Site.

 

"Services" means any services offered by Reservation.tools on or through the Site including the possibility to create and mange a personal account and use a software to manage reservations and customer data.

"Intellectual Property Rights" means all vested, existent, contingent and future rights of copyright and all rights in the nature of copyright and all accrued rights of action and all other rights of whatever nature whether registered or unregistered, including but not limited to trademark, service mark, domain names, know-how, design and patent rights and all other similar proprietary rights which may be held or owned by individuals, companies, corporations or other entities whether now known or in the future created to which We at this present moment in time or at any time after the date of this Agreement may be entitled by virtue of or pursuant to any of the applicable laws in force;

 

Preliminary

 

We have the right to revise and amend these Terms (including all terms incorporated by reference) and/or the Services from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system's capabilities or for any other reason in Our sole discretion which We may decide. Your continued access to or use of the Site and/or the Services constitutes Your acceptance of any such change and/or amendment. You waive any right You may have to receive specific notice of such change and/or amendment. We strongly encourage You to review these Terms regularly and to ensure that You are familiar with any such change and/or amendment.

 

You are only authorized to use Our Site and/or Our Services (regardless of whether Your access or use is intended) if You agree to abide by all applicable laws and to these Terms (which set forth the legally binding terms for Your use of Reservation.tools Services) as well as Our Privacy Policy. Certain Services may require additional terms and conditions in which case Your clicking of "I ACCEPT" buttons and/or other prompts and/or any other similar methods of acquiring Your consent will constitute Your acceptance of the said terms and conditions (if any).

 

You are responsible for all access to the Site using Your Internet connection, even if the access is by another person.

 

We reserve the right to restrict Your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If We grant You permission to access a restricted area, We may withdraw that permission at any time (including where You breach any of these Terms of Service).

 

Without prejudice to anything else contained in these Terms, if You are using the Site and/or the Services on behalf of any entity, You represent and warrant that You are fully authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify You and Reservation.tools for any violations of these Terms.

 

Without prejudice to anything else contained in these Terms, if You are using the Site or the Services (including registration thereto) for and/or on behalf of minors, You represent and warrant that You are fully authorized to accept these Terms on such minor's behalf and agree to be wholly responsible for any and/or all actions carried out by the said minor(s). In addition to anything else contained in these Terms, You hereby agree to hold Us harmless and relieve Us from any and/or all liability whatsoever arising from (or in any way related to) the use of the Site and/or the Services by any such minor(s).

 

General Grounds for Ineligibility

 

You may not use the Services and Your acceptance of these Terms will be deemed void if:

 

You are not of legal age to form a binding contract between Yourself and Reservation.tools; or

You (at any time) provide registration information or other requested information that is false or inaccurate; or

You are a person barred from receiving the Services under the laws of the Republic of Bulgaria or other countries including the country in which You are resident or from which You use/ will use the Services.

Services

Subject to Your full compliance with these Terms of Service and Our Privacy Policy and all applicable laws, We will offer You the Services (as defined above). These Services may be either free of charge or subject to a paid subscription in the case of premium and/or upgraded Services (the 'Premium/Upgraded Services'). We provide the Site and Our Services on an 'as is' basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, We expressly exclude:

 

- all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Service; and

- any and all liability to You, whether arising under these Terms of Service or otherwise in connection with Your use of the Site.

 

The foregoing is a comprehensive limitation of liability (in addition to and not instead of what is stated below) that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

 

Notwithstanding the foregoing, nothing in these Terms of Service is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular, none of the exclusions and limitations in this clause are intended to limit any rights You may have as a consumer under local law or other statutory rights which may not be excluded (including but not limited to cancellation rights), nor in any way to exclude or limit (site owner) liability to You for death or personal injury resulting from Our negligence or that of Our employees or agents.

 

Site Availability

 

We will use reasonable efforts to ensure that the Site is available at all times. However, We cannot guarantee that the Site or any individual function or feature of the Site (including access to the Services) will always be available and/or error-free. In particular, the Site may be unavailable during periods when We are implementing upgrades to or carrying out essential maintenance on the Site.

 

Fees

 

The free of charge services include the creation of a free account at the Site and the usage of our software to manage reservations and customer data. These free of charge services are limited to a specific period of time announced at the Site. Our free Services may be supported by advertising. You will have the option to upgrade Your account and purchase optional Premium/Upgraded Services which prices are published on the Site or will be sent to you with an official commercial offer.  These services may be various and offered at different rates and additional features as may be made available by us, applications, our affiliates or business partners from time to time, by subscribing to the said Services (the 'Subscription').

 

The annual subscription fee includes access to the respective Reservation. Tools services as well as a technical maintenance support when needed related to the well functioning of the software for a period of 1 year.

To avoid the interruption of the Services offered to You, at the end of Your Subscription, Your Subscription will be automatically renewed for an additional term until explicitly cancelled by You. The subscription plan will be renewed to fees and taxes which are actual to the specific moment and are published on the Site. The Cancellation must be requested by the user by sending an email to the Reservation.Tools's support addresses sales@reservation.tools not later than 30 calendar days prior to the expiration date.

To make a renewal of the subscription plan, you agree to pay the due fee not later than one week after the expiration date of the plan.

 

The Premium/Upgraded Services provided by Reservation.Tools (as defined on the Site) are provided in accordance with the provisions of these Terms and the specific commercial provisions and policies (including cancellation terms) as detailed on the Site, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof. Reservation.Tools reserves the right to change its prices at any time.

 

Beta Version Notice

 

Reservation.Tools is currently released in Beta for use by registered Users only. You acknowledge that the site and our services are in beta form and are provided "as is" and "as available" and may contain faults and/or 'bugs', and Reservation.Tools disclaims all responsibility and liability for the availability, security, operation, and reliability of the site and the services.

 

Third Party Websites and Services

 

You hereby agree that Reservation.Tools shall have no responsibility or liability whatsoever regarding any third party services used by You (including payments services and sending and receiving sms, email and chat bot notifications) and any use of such third party services shall be at Your own responsibility and liability. You further acknowledge and agree that the providence of technical ability to link to such third party services (such as sending and receiving sms, email and chat bot notifications), is provided by Reservation.Tools only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of Reservation.Tools.

 

We strongly urge You to familiarise Yourself with all the terms and conditions and/or privacy policies of any relevant third parties.

 

User Account and Password

 

When registering with Us (for free Services or a Subscription for Our Premium/Upgraded Services) You will be asked to choose a username (which will be Your email address) and a password for Your account.

You are solely responsible for maintaining the confidentiality of Your password, and fully responsible for all activities that occur under Your account.

 

You hereby agree not to use the account, username or password of another User at any time without permission or to disclose Your password to any third party or do anything else that might jeopardize the security of Your account. You agree to notify Us immediately of any unauthorized use of Your password or account or any breach of security and understand that We reserve the right to take legal actions against individuals who misuse their accounts on Our Site and/or Subscriptions for Our Services.

 

Reservation.Tools will not be liable for Your losses caused by any unauthorized use of Your account, username and/or password.

 

Your permission to use the Site is personal to You and non-transferable. Your use of the Site is conditional on Your compliance with the rules of conduct set forth in these Terms of Service and You agree, in particular, that

 

You will not:

 

- use the Site and/or the Services for any fraudulent, unauthorised and/or unlawful purpose;

- use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;

- upload, post, email, transmit through sms, chat bot or email in the framework of the used services provided by Resrevation.Tools, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

- send through sms, chat bot or email in the framework of the used services provided by Resrevation.Tools any unsolicited or unauthorized advertising or communications, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

- engage in "spamming" to promote Your website or Content, or engage in unethical marketing, advertising, any other practice connected in any way to "spam" including, sending content or emails (email sending is limited to 100 emails per hour for every account on Our Site);

- impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with any person or entity in connection with the Site; or express or imply that We endorse any statement You make;

- interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;

- transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;

- frame or mirror (or in any way assist in such framing or mirroring) any part of the Site without Our express prior written consent;

 

We reserve the right to revoke these exceptions either generally or in specific instances.

 

You may create a link to this Site, provided that:

 

the link is fair and legal and is not presented in a way that is:

- misleading or could suggest any type of association, approval or endorsement by Us that does not exist, or

- harmful to Our reputation or the reputation of any of Our affiliates;

 

You retain the legal right and technical ability to immediately remove the link at any time, following a request by Us to do so;

We reserve the right to require You to immediately remove any link to the Site at any time and You shall immediately comply with any request by Us to remove any such link.

 

Declaration of Sole Responsibility

 

Without prejudice to anything else contained in these Terms, You accept sole responsibility for all of Your activities using the Site and/or the Services, including Your conduct on the Site and any and/or all content You may submit, post, share or otherwise make available via the Site. For the avoidance of all doubt, You will be responsible for ensuring that You do not violate any laws of Your jurisdiction, including but not limited to copyright laws and any third party rights.

 

Cancellation Policy

 

Your membership to Our premium Services will continue until You explicitly cancel Your subscription. Cancellations (or downgrades to Your Subscription) will occur at the end of the agreed Subscription period (i.e. at the end of the month or the end of the year as the case may be or as otherwise agreed). Unless otherwise required by any applicable law, We provide no refunds for partial unused services.

 

Refund Policy

 

Reservation.Tools provides both free and paid services to Users. If You are dissatisfied with Your service for any reason, You may request cancellation of the service by sending an email to sales@reservation.tools within fourteen (14) days from activation of Your account relating to the Services and You will receive a refund within fourteen (14) days from the day on which We are duly informed of Your request to cancel the said service.

 

In case of an upgrade from one (paid) Subscription to another, the price of the upgraded Subscription shall be minus any amounts previously paid for relevant unused periods that will be covered by the upgraded Subscription (for example, if a User has paid for a 12 month period ('Y' X 12) and on the 7th (paid-up) month decides to upgrade the Subscription to a Subscription costing more per year ('Z' X 12), the amount that will be due for the upgraded Subscription, shall be on a pro rata basis 'Z' X 12' minus 'Y' X 5' [5 being the number of months previously paid for in connection with the lower priced subscription]). Every calendar month initiated will be considered as used in terms of services.

 

Intellectual Property Rights

 

You acknowledge that Reservation.Tools (and/or its licensors) owns all right, title, and interest in and to the Site and/or any content on the Site, including all Intellectual Property Rights (the " Reservation.Tools IP"). Reservation.Tools IP is protected by local and international intellectual property laws. Accordingly, You agree that You will not copy, reproduce, alter, modify, or create derivative works from the Site or Reservation.Tools IP. You also agree that You will not use any robot, spider, other automated device or manual process to monitor or copy any content from the Site or Reservation.Tools IP. In particular, You may not print or otherwise make copies of any such content without Our express prior permission. Moreover, You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or any of the content therein.

 

Reservation.Tools does not claim any Intellectual Property Rights over the content You upload, transmit or otherwise make available (via Our Site or elsewhere) and any such User Content shall be considered as granted the rights under the User selection for the copyrights in the appropriate selection in the Reservation.Tools Site. With respect to User Content (wherever this may be found) the Content shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on publicly accessible areas of the Reservation.Tools Site and/or Services, and might also be accessible from other websites. With respect to Content You submit or make available for editing by other Users of the Site, the uploading of such Content shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on such publicly accessible areas of the Reservation.Tools Site (including for promotional purposes) and ServiceAll the above is subject to the warranties and Your obligations contained elsewhere in these Terms.

 

 

By displaying or publishing ("posting") any content on and/or through the Site and/or through the Services, You hereby grant to Reservation.Tools a limited, non-exclusive and royalty-free license to use, modify, publicly perform, publicly display, publish, reproduce, distribute, list information regarding, edit, translate, and make derivative works of such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use solely in connection with the Services.

 

Security

 

You are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You hereby agree to immediately notify Reservation.Tools (in writing) of any unauthorized use of Your account or any other breaches of security whatsoever. Reservation.Tools cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation.

 

You acknowledge and agree that under no circumstances will Reservation.Tools be liable, in any way whatsoever, for any acts or omissions by any Reservation.Tools User or other third party, including any damages of any kind incurred as a result of such acts or omissions.

 

Limitation of Liability

 

Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall Reservation.Tools or any other contributor or supplier of Reservation.Tools be liable to any person for any indirect, special, incidental, or consequential damages of any kind including, without limitation, damages for loss of goodwill, work stoppage, interruption of the Services, computer failure or malfunction, loss of data, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. You further understand and agree that while every reasonable precautions shall be undertaken by Reservation.Tools, We are not/shall not be responsible for any loss or damage incurred by You, including but not limited to loss or damage as a result of:

 

Any changes to the Site and/or the Services made by Reservation.Tools or any temporary or permanent cessation in the provision of the Services (or any features within the Services),

The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the Site and/or the Services,

Interruption of the Services (including access to the Site), malware (including viruses and/or Trojans) and/or other errors over which Reservation.Tools has no control,

Any third party services and/or content of any kind. Without prejudice to the foregoing, should a court of law or other adjudicating body still find against Reservation.Tools regarding any matter relating to the Services, Reservation.Tools 's maximum liability against the claimant shall not exceed the total amount in fees which the claimant was paying/shall pay for six months of the Services in question.

 

Events Beyond Control of Reservation.Tools Without prejudice and in addition to anything else contained in these Terms, under no circumstances will Reservation.Tools be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a contract or for any delay or failure in the Site and/or any of the Services and/or information on the Site that is caused directly or indirectly by events outside Our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

 

14.2.1. Strikes, lock-outs or other industrial action;

14.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

14.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

14.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

14.2.5. Impossibility of the use of public or private telecommunications networks;

14.2.6. non-performance of third parties;

14.2.7. The acts, decrees, legislation, regulations or restrictions of any government;

14.2.8. Internet and/or equipment and/or electrical power failures.

14.3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

 

Warranty Disclaimer

 

Without prejudice and in addition to what is stated anywhere in these terms, you hereby agree that your use of the site and/or the services shall be at your sole risk. The site and all website code, platform code, applications, the services, third party software, and content (including third party content) are provided on an "as is" and "as available" basis. The information, content, software, products, and services included in or available through the site and the services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Reservation.tools and/or its suppliers may make improvements and/or changes in the site at any time.


To the fullest extent permitted by any applicable law, reservation.tools, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the site and your use thereof. In addition, reservation.tools makes no warranties or representations regarding the suitability, reliability, availability, timeliness, safety, accuracy and/or completeness of the content, information, software, products, services and related graphics contained on the site or of any sites linked to the site or accessed through the services for any purpose.

 

Indemnity

 

You agree to indemnify, defend, and hold harmless Reservation.tools, (including any subsidiaries and/or affiliates) and its respective officers, agents, co-branders or other partners, employees, and third party service providers from and against any claim, demand, loss, damage, cost, or liability whatsoever (including reasonable attorneys' fees) arising out of or relating to any content You submit, post, transmit, or make available on and/or through the Site and/or through the use of the Services; Your breach or alleged breach of these Terms or Our Privacy Policy; Your connection to the Services; Your use or misuse of the Site and/or the Services; or Your violation of any rights (including intellectual property rights) of any third party.

 

Reservation.tools reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defence of these claims. You agree not to settle any matter without the prior written consent of Reservation.tools. Reservation.tools will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.

 

Access to Your Account Information

 

You acknowledge, consent and agree that Reservation.tools may access, preserve and disclose Your account information (including Your name and contact information) and content You upload to (or via) the Site if required to do so in compliance with the Privacy policy or by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary or appropriate to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; (d) respond to Your requests for customer service; or (e) protect the rights, property or personal safety of Reservation.tools, its Users and the public. Please see Our Privacy Policy for more information on how We may use and disclose Your account information.

 

Assignment

 

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Reservation.tools without restriction or limitations.

 

Governing Law

 

These Terms of Use and Our Privacy Policy are governed by and construed in accordance with the laws of the Republic of Bulgaria. Any dispute (including non-contractual disputes) arising from these Terms and/or Our Privacy Policy and/or any matter relating to the Site and/or the Services shall be subject to the exclusive jurisdiction of the Bulgarian courts and/or other adjudicating bodies.

 

Contact Details:

Reservation Ltd

UIC/BULSTAT: 203865762

Seat, registered and correspondence address: Tintyava 15, Sofia, Bulgaria

E-mail: sales@reservation.tools

Telephone: +359 2 495 0888

 

If You become aware of misuse of any Reservation.tools Services by any person, please contact Us (according to the contact information provided above)

 

 

Last Updated on 15th May 2020