2.1. Quoality: Quoality, having its registered office in Pune, India.
2.2. Accommodation Provider: Any hotel, hostel, serviced apartment or other similar business that is offering lodging services and ancillary services to their guests.
2.3. Client: An Accommodation Provider that concludes a Service Agreement with Quoality in order to use the Services.
2.4. Service Agreement: Any agreement that is concluded between Quoality and the Client under which Quoality will render Services to the Client and that is subject to these Terms of Service.
2.5. Services: Quoality helps the Client with selling upgrades, packages or deals to its guests, gathering guest experience information and creating business performance statistics by:a) Creating and granting access to an Online Platform as defined in the Service Agreement;b) Supplying ancillary services as defined in the Service AgreementQuoality does not purchase or supply lodging services or any other services supplied by the Accommodation Provider.
2.6. Client Account: The Client’s personal account on the Online Platform.
2.7. Login Details: The details, such as Client name and password, which must be entered to gain access to the Client Account on the Online Platform.
2.8. Terms of Service: These terms of service.
2.9. Party: Each party to the Service Agreement, either Quoality or the Client.
2.10. Online Platform: the applications made available by Quoality to the Client via the internet
.2.11. Website: quoality.com
2.12. Guest: A customer of the Client.
3.1. These Terms of Service govern the use of the Services and form part of each agreement between Quoality and the Client.
3.2. Any terms and conditions or exceptions put forward by the Client do not form part of the Agreement, unless Quoality has explicitly accepted them in writing.
You request a demo of Bearer
We call you
You use Bearer
You receive emails from us
You chat with us for customer support
You opt-in to marketing messages
5.1. Unless otherwise stated in the Service Agreement, Service Agreements with a duration of one year will automatically be renewed with one year periods, unless terminated in writing by either Party two months prior to the expiry date of the then current term.
5.2. Unless otherwise stated in the Service Agreement, Service Agreements with a duration of two years will automatically be renewed with periods of two years, unless terminated in writing by either Party three months prior to the expiry date of the then current term.
5.3. Quoality has the right to immediately terminate the Service Agreement, without prior written notice, in the event that the Client fails to pay any outstanding invoices within 30 days.
5.4 Either Party may terminate the Service Agreement with immediate effect, without prior written notice, if the other Party:
commits a breach under the Service Agreement which is not capable of remedy, or which is capable of remedy but which is not remedied within 15 days of notice from a Party to do so;
becomes insolvent, files for or is declared bankrupt, applies for moratorium, has an administrator or liquidator appointed, or is otherwise unable to pay its debts.
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.
7.1. 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.
8.1. 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.
9.1. 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.
10.1. 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.
11.1. 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.
