6.1. The authorized Client will receive his Login Details from Quoality, which he must enter to gain access to the Online Platform and his Client Account. The Client must keep the Login Details confidential at all times, and not disclose it to any third party. The Client may create, or ask Quoality to create, sub-accounts and authorize its employees and/or representatives to use these sub-accounts. The Client is responsible for administering their Quoality account and for keeping this information up to date, e.g. by revoking access to sub-accounts that should no longer have access. The Client will ensure that the authorized users comply with these Terms of Service and any additional terms that may apply. The Client is responsible for all activity that occurs under the Client Account, including any activity by authorized or unauthorized users. The Client will use all reasonable efforts to prevent any unauthorized access to, or use of, the Online Platform and Client Account. In case of any (suspected) unauthorized access or use of the Client Account, the Client will notify Quoality immediately using the intercom chat in the Quoality dashboard or via privacy@quoality.com
6.2. The Online Platform may only be used by the authorized Clients, on provision of the Login Details.
7. Third Party Services
7.1. The Client may decide to engage third party service providers to provide services to the Client (Third Party Services). On instruction of the Client, Quoality may transmit data from the Client's (reservation) system to providers of Third Party Services or Quoality may receive data from the Client's (reservation) system from providers of Third Party Services. The Client may also decide that the providers of Third Party Services send electronic communications to Guests on behalf of the Client.
7.2. The Client is solely responsible for the Third Party Services, also when these Third Party Services entail the sending of any electronic communications to Guests. Quoality does not warrant or support the Third Party Services. If the Third Party Services fail to perform or otherwise cause damage to the Client or to other parties, Quoality shall not be liable for any loss or damage suffered by the Client or other parties, unless caused by Quoality intent or gross negligence. Quoality is not responsible for any disclosure, modification, loss or deletion of the Client's data resulting from the Third Party Services.
8. Terms of use
8.1. The Services may not be used by Client in a manner that is contrary to or infringing on the rights of third parties.
8.2. By using the Services, the Client is not permitted, without the express written consent of Quoality, to create the impression that the Client is a partner of Quoality.
8.3. If the Client acts in contravention of any provision of these Terms of Service, Quoality is entitled, with immediate effect and without stating reasons:a) to refuse, block access to, modify or delete the Client Account;b) to suspend the provision of the Services;c) to terminate the Service Agreement;d) to claim any damages.In such an event, any Fees agreed under the Service Agreement remain payable by the Client to Quoality.
8.4. The Client grants Quoality a perpetual, non-exclusive, fully-paid and royalty-free licence to use all data, information, materials and other content provided by the Client while using the Services, in an aggregated and anonymized form for internal business purposes and commercial purposes.
9. Updates
9.1. Quoality is entitled to modify the software of the Online Platform as the occasion arises for the purposes of improvements to the functionality and the rectification of errors. Because the Services are offered to multiple Clients, it is not possible to omit a modification for a single Client. Quoality is not liable for any loss, damages or other costs incurred as a result of the modification of the Services.
10. Availability and maintenance
10.1. Quoality will make every reasonable effort to provide uninterrupted availability of the Services, but does not offer any guarantees thereof, unless otherwise agreed under the Service Agreement.
10.2. Quoality reserves the right to deactivate the Service temporarily for maintenance, modification or improvement of the Services and the web servers of Quoality. Quoality will attempt to ensure that deactivation of Service causes as little hindrance as possible to the Clients.
10.3. Quoality's total liability for any loss, damage or other costs sustained by the Client due to the Service temporarily being deactivated for maintenance, modification or improvement purposes, will be limited to the total amount of the applicable fees payable by the Client under the Service Agreement for the duration that the Service is deactivated.
11. Personal data
11.1. Parties agree that to the extent Quoality processes personal data on behalf of Customer in the performance of the Service, Quoality qualifies as a data processor of Customer and will process personal data on behalf of the Client in accordance with the Data Processing Agreement. For general information regarding data privacy, please see our Privacy policy, which can be found on the Website: https://oaky.com/en/security?page=privacy-policy. Notwithstanding anything to the contrary set out in the Service Agreement, Terms of Service and/or Data Processing Agreement, each party shall comply with EU’s General Data Protection Regulation as may be amended from time to time (“GDPR”).
11.2 The Client ensures that, to the extent that the Services entail that any electronic communications, including email, SMS, Whatsapp, QR code, booking engines and any other form of electronic communications, are sent to the data subjects by or on behalf of the Client, or by Third Party Service Providers, the content and sending of these electronic communications adhere to applicable laws. Client indemnifies Quoality for any claim of a data subject, authorities, and third parties in connection with applicable data protection laws or telecommunication laws, to the extent permitted by applicable law.
11.3 The Client shall comply with its obligations as data controller under the GDPR, including providing adequate information to the Guests and other data subjects how Quoality (and other similar services) are being used to process their personal data and for which purpose the processing takes place.
