Terms & Conditions

These Terms and Conditions (“Terms”) govern your use of the short-term rental property management software (“Software”) provided by HAPA Clouds (“we,” “us,” or “our”), located in the United Kingdom. By using the Software, you (“you” or “user”) agree to be bound by these Terms. Please read these Terms carefully before using the Software.

Who we are

Our website address is hapaclouds.com

Use of the Software

a. The Software is designed to assist with the management of short-term rental properties, including but not limited to booking management, property listings, guest communication, and financial transactions. You may use the Software for your personal or business purposes, subject to these Terms.

b. You must be of legal age and have the legal authority to enter into these Terms and use the Software. You are responsible for providing accurate and up-to-date information when using the Software, and you agree to comply with all applicable laws and regulations.

Account Registration

a. In order to use the Software, you may need to create an account by providing certain information, such as your name, email address, and payment details. You agree to provide accurate and complete information and to keep your account information updated.

b. You are solely responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.

Fees and Payments

a. The use of the Software may be subject to fees, which will be clearly disclosed to you. You agree to pay all applicable fees in a timely manner and in accordance with the payment terms provided by us.

b. All fees are non-refundable, unless otherwise stated. If you fail to pay any fees when due, we may suspend or terminate your access to the Software.

c. You may be responsible for additional charges, such as transaction fees, taxes, or other fees, imposed by third-party payment processors or other service providers. You are solely responsible for complying with any applicable laws or regulations related to such charges.

Intellectual Property

a. The Software and all content, features, and functionality thereof, including but not limited to software code, designs, graphics, logos, and trademarks, are owned by us or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, transmit, display, perform, or create derivative works of the Software without our prior written consent. 
b. You grant us a non-exclusive, royalty-free, worldwide, irrevocable, perpetual, and sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, and publicly perform any data, information, or content that you submit, upload, or otherwise provide to the Software, solely for the purpose of providing and improving the Software.

User Content

a. You may be able to submit, upload, or otherwise provide content, such as property listings, reviews, or guest information, to the Software (“User Content”). You are solely responsible for the accuracy, legality, and quality of User Content that you provide.

b. You grant us a non-exclusive, royalty-free, worldwide, irrevocable, perpetual, and sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, and publicly perform User Content, solely for the purpose of providing and improving the Software.

c. We do not endorse or control User Content, and we are not responsible for the accuracy, legality, or quality of User Content. We reserve the right to remove or edit User Content at any time, in our sole discretion.

Disclaimer of Warranties and Limitation of Liability

a. The Software is provided “as is” and “as available” without any warranties or representations, express or implied. We do not guarantee that the Software will be error-free, uninterrupted, or free from viruses or other harmful components. You acknowledge and agree that your use of the Software is at your own risk and that we shall not be liable for any damages, losses, or expenses arising from your use of the Software.

b. We shall not be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with the Software, even if we have been advised of the possibility of such damages.

c. Our total liability for any claim arising out of or in connection with the Software shall be limited to the amount you paid us for the Software during the twelve (12) months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, and affiliates from and against any and all claims, losses, damages, liabilities, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Software, your breach of these Terms, or your violation of any applicable laws or regulations.

Termination

a. We may terminate or suspend your access to the Software at any time, with or without cause, without notice or liability. Upon termination, your right to use the Software will immediately cease, and you must stop using the Software and delete any copies of the Software in your possession or control.

b. Sections 4, 5, 6, 7, and 9 of these Terms shall survive any termination or expiration of these Terms.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of England and Wales.

Miscellaneous

a. These Terms constitute the entire agreement between you and us regarding your use of the Software and supersede any prior or contemporaneous agreements, understandings, or communications, whether oral or written, relating to the Software.

b. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

c. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.

d. These Terms may not be assigned or transferred by you without our prior written consent. We may assign or transfer these Terms without your consent.

e. These Terms are not intended to confer any rights or remedies upon any person other than you and us.

By using the Software, you acknowledge that you have read, understood, and agree to these Terms and Conditions. If you do not agree to these Terms, you may not use the Software.

Who we are

Suggested text: Our website address is: https://sitedemo.hapaclouds.com.

Comments

Suggested text: When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

Suggested text: If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

Suggested text: If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select "Remember Me", your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Suggested text: Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with

Suggested text: If you request a password reset, your IP address will be included in the reset email.

How long we retain your data

Suggested text: If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

Suggested text: If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where your data is sent

Suggested text: Visitor comments may be checked through an automated spam detection service.

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