Last Revised: November 15, 2016
This website (the “Website”) and associated services (“services”) is published and maintained by Hotel Quickly Limited and its subsidiaries and affiliates who operate HotelQuickly, including Hotel Quickly Pty Limited and its affiliates (“Hotel Quickly”, “we”, or “us”)
1. AGREEMENT BETWEEN CUSTOMER AND HOTEL QUICKLY
This Website and associated services contained herein are offered to you based on your acceptance without modification of all the terms, conditions, and notices set forth below. Your access and/or use of this Website in any manner, implies that you agree to be bound by the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Hong Kong, without reference to its conflicts of law rules.
2. USE OF THE WEBSITE AND ASSOCIATED PRODUCTS
As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to enter into a binding legal obligation. Hotel Quickly reserves the right to deny access to anyone to this Website and to the services we offer.
3. SCOPE OF USE
These terms of service (the “Terms”) apply to your access and use of the iOS application, the Android application, the mobile web application and the website located at www.hotelquickly.com (collectively, the “Application”) provided by Hotel Quickly (“Hotel Quickly”, “we”, “our” or “us”) and any feature, content, tools and services accessible by means of the Application. The Application and such services are collectively referred to as the “Service”. The Terms do not alter in any way the terms or conditions of any other agreement you may have with Hotel Quickly for the Service (or any part thereof). If you are using the Service on behalf of an entity, you represent and warrant that you are authorized to accept the Terms on such entity’s behalf, and that such entity agrees to indemnify you and Hotel Quickly for violations of the Terms.
4. MODIFICATION OF TERMS
The terms and conditions contained herein may be altered at anytime and in our sole discretion. Any changes or modifications will be effective immediately upon the posting of such revisions on our website.
Specific notice of said changes is waived as condition of this Agreement. If you do not agree to the amended Terms, you must stop using the Service.
￼￼5. PRIVACY AND USE OF PERSONAL INFORMATION
Information Processing: Hotel Quickly conducts business in the Hong Kong Special Administration Region (“HKSAR”), as such your personal data will be processed within the legal jurisdiction of HKSAR. The data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. Use of this Website implies consent to the collection and/or processing in HKSAR. By providing personal information to Hotel Quickly, you unambiguously consent to the collection and processing of such information in HKSAR.
Cookies: Hotel Quickly’s web server automatically recognizes and stores information known as cookies, which contain information such as the visitor’s IP address/domain name combination. Hotel Quickly may use this information for to enhance the usability features of its website.
Personal information: Hotel Quickly may ask you to provide personal or individually identifiable information. If you choose not to provide your personal information, you may not be able to participate in certain activities contained on the Website.
Use of Information: By providing Hotel Quickly with personal information, you shall have the right, on reasonable prior notice, to inspect, change, amend, or delete such information. Hotel Quickly will not share the personal information you provide except with your consent. Hotel Quickly takes appropriate measures to safeguard against the unauthorised disclosure of your personal information. Hotel Quickly makes no guarantees that the personally identifiable information that we collect will not be disclosed in a manner that is inconsistent with this privacy notice.
6. DEVICE USAGE TERMS AND CONDITIONS
You acknowledge and agree that your use of the Service must also be in accordance with the usage rules established by your mobile device platform or service provider.
7. REGISTRATION DATA
You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service (“Registration Data”); (ii) maintain and promptly update the Registration Data, and any other information you provide to Hotel Quickly, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to Hotel Quickly.
8. GRANT AND RESTRICTIONS
Subject to the terms, conditions and limitations set forth in the Terms, Hotel Quickly grants you a non- exclusive, non-transferable and revocable license to use the Application on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Hotel Quickly that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
9. THIRD PARTY USAGE
You agree not to do, or authorize or permit any third-party to do, any of the following: (i) distribute or make the Application available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense the Application; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Application. If you violate any of the foregoing restrictions, your use of the Application will immediately cease and you will have infringed the copyright and other rights of Hotel Quickly, which may subject you to prosecution and damages. Hotel Quickly reserves all rights not expressly granted to you in the Terms.
10. CONSENT TO USE OF DATA AND MOBILE COMMUNICATIONS
You agree that Hotel Quickly may collect and use technical data, personal information and related information in connection with your use of the Application including, but not limited to, contact information and technical information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Application and of software updates, product support and other services. You also consent to our communicating with you about the Application or in connection with the features, functions and activities contained in the Application.
11. COMPATIBILITY WITH MOBILE DEVICES
Hotel Quickly does not warrant that the Service will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.
12. CARRIER CHARGES
You acknowledge and understand that the Service requires and utilizes phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply and you are responsible for any such charges.
13. PRODUCT DESCRIPTIONS
Hotel Quickly attempts to be as accurate as possible. However, Hotel Quickly does not warrant that the Service is complete, reliable, current or error-free. If you have reason to believe that a hotel room you purchased through the Service does not meet the claims advertised within the Service your sole remedy is to not consummate your stay in the hotel room and contact Hotel Quickly immediately, and in any case no later than three business days following the check-in date. Hotel Quickly will make a determination as to the merits of your claim in our sole discretion.
14. ADVERTISED PRICES
Hotel Quickly makes no guarantee that the prices advertised through the Service represent (i) the lowest price for a hotel room in every area on any particular day or (ii) the published price for a hotel room on another website or publication not affiliated with Hotel Quickly in every area on any particular day.
You will have to pay a minimum of $15 USD for a hotel room ONLY if you are booking a hotel with us for the first time and you have at least one of the following vouchers redeemed in your account:
– Friend redeemed voucher
– Friend Booked voucher
15. HONORING YOUR PAYMENT COMMITMENTS
When you make a purchase via the Service you are representing to us that: (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. By using the Service you acknowledge that: (a) the listed prices are inclusive of the room rate as negotiated by Hotel Quickly plus service fees and taxes, where applicable; (b) Hotel Quickly reimburses the hotel suppliers and relevant taxing authorities where applicable for the taxes due for the rental of the room; (c) Hotel Quickly retains a service fee which originates from the listed price of the hotel room, this fee is nonrefundable regardless of purchase or cancellation; and (d) Hotel Quickly maintains a strict non refund policy for any cancellations made through the Service. No refunds will be issued under any circumstances for the price of the room and any related fees.
16. HOTEL OVERBOOKINGS; AGENT FEE
If a hotel has overbooked and is sold out, it is the hotel’s responsibility to find you a room. This is our agreement with each hotel. We will endeavor to enforce our agreements with hotels, and while we are not responsible to you if the hotel does not, for whatever reason, find you an available room, we ask that you contact us immediately in the event that the hotel is unable to find you an available room so that we may assist in the process.
17. HOTEL QUICKLY CREDITS
Hotel Quickly booking credit (i.e. vouchers) is not redeemable for cash or cash equivalents, is non- transferable and may not be applied towards prior purchases. Other restrictions may apply. Unless you paid us in full for any booking credits, we reserve the right to rescind any booking credits subject to reasonable notice to you.
- It is not allowed to redeem vouchers originating from accounts, which you have created yourself.
- It is not allowed to invite accounts that use the same credit card as you do.
- It is not allowed to invite users that use the same device as you do.
18. ELECTRONIC COMMUNICATIONS
When you use the Service or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content.
19. THIRD-PARTY INTERACTIONS
Your use of the Application and your contact, interaction, or dealings with any third-parties arising out of your use of the Service is solely at your own risk. You acknowledge and agree that Hotel Quickly is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as the result of the Service. The hotels and other suppliers providing accommodations through the Service are independent contractors and not agents or employees of Hotel Quickly. Hotel Quickly is not responsible, and shall not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.
20. USER CONTENT AND YOUR CONDUCT
The Service includes forums and other interactive areas or services (“Interactive Areas”) in which you or other users can create, post or share content, materials, data, information, text, photos and/or other materials (“User Content”). You are solely responsible for your use of such Interactive Areas and the User Content you share.
21. PROHIBITED USE
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:
- User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
- User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right or other right of any party;
- Unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or User Content designed to deceive or trick the user of the Service;
- Private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and
- Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service without Hotel Quickly’s express written consent.
You further agree that you are solely responsible for your conduct while using the Service, and you agree that you will not do any of the following in connection with the Service or the users of the Service:
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
- Collect any personally identifiable information about other users (except as specifically authorized by Hotel Quickly), or intimidate, threaten, stalk, or otherwise harass or cause discomfort to other users of the Service;
- Use the Service for any commercial purpose;
- Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by Hotel Quickly;
- Create an account, post any content, or otherwise use the Service if you are not, at least, 18 years of age;
- Modify, adapt, hack or emulate the Service;
- Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Service or users of the Service or third- parties; and
- Infringe upon or violate the rights of Hotel Quickly, its users or any third-party.
- Accounts on the application are personal. It is not allowed to create more than one account per person.
Hotel Quickly takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or made available via the Service, nor is Hotel Quickly liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas and the Service is at your own risk. Enforcement of the user content and conduct rules set forth in the Terms is solely at Hotel Quickly’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third- party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.
We reserve the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.
22. THIRD-PARTY CONTENT
Hotel Quickly may provide third-party content via the Service and may provide links to Web pages and content of third-parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Hotel Quickly does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content including, but not limited to, its accuracy or completeness. You acknowledge and agree that Hotel Quickly is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.
23. ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES
Hotel Quickly may run advertisements and promotions from third-parties via the Service or may otherwise provide information about or links to third-party products or services via the Service. Your business dealings or correspondence with, or participation in promotions of, such third-parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third-party. Hotel Quickly is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non- Hotel Quickly advertisers or third-party information accessible via the Service.
24. INTELLECTUAL PROPERTY NOTICES
All materials on this Website, including but not limited to the Content are protected by copyright under Hong Kong copyright law, international conventions, and other copyright laws and are the property of Hotel Quickly, or its subsidiaries, affiliated companies or third party licensors. The Service (including, but not limited to, the Application) contains the valuable proprietary content of Hotel Quickly and its licensors and is protected by copyright and other intellectual property laws and treaties. You agree not to use the Service (including, but not limited to, the Application) except in its intended manner in accordance with the terms and conditions of the Terms. The Hotel Quickly and “pillow” logo are trademarks or registered trademarks of Hotel Quickly, Ltd. in Hong Kong and in numerous international jurisdictions. These marks may not be reproduced or used without Hotel Quickly’s prior written permission. You may not use any metatags or any other “hidden text” utilizing “Hotel Quickly” or any other name, trademark or product or service name of Hotel Quickly without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Hotel Quickly and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos made available via the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
25. TERMINATION OR MODIFICATION OF APPLICATION
Hotel Quickly reserves the right to change, suspend, remove, discontinue or disable access to the Service (including, but not limited to, the Application) at any time without notice. In no event will Hotel Quickly be liable for the removal of or disabling of access to any portion or feature of the Service (including, but not limited to, the Application).
If you breach any of the terms or conditions of the Terms or Hotel Quickly discontinues the Application, the Terms will automatically terminate. In the event of the termination of the Terms for any reason: (i) the license granted to you in the Terms will immediately terminate; and (ii) you must immediately cease all use of the Application and destroy or erase all copies of the Application in your possession or control. All of the sections of the Terms will survive any termination of the Terms except the License section and the Consent to Use of Data and Mobile Communications section. Any use of the Application after termination is unlicensed and is in violation of the copyright and other rights of Hotel Quickly. Hotel Quickly and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOTEL QUICKLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS AND THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT HOTEL QUICKLY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. HOTEL QUICKLY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICA TION WILL BE ACCURA TE OR MEET YOUR REQUIREMENTS, THA T THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY HOTEL QUICKLY OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; (ii) your violation of the Terms or your violation of the rights of any third-party; or (iii) any user content.
29. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL HOTEL QUICKLY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF HOTEL QUICKLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL HOTEL QUICKLY’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE.
30. COPYRIGHT COMPLAINTS
If you believe that any material made available via the Service infringes upon any copyright which you own or control, or that any link made available via the Service directs users to material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to receive notification of claimed infringement: Mr. Mario Peng
Full address of Designated Agent to which notification should be sent: Hotel Quickly Ltd., Room B, 23/F, 202 Center, 202 Des Voeux Road West, Sai Ying Pun, Hong Kong
E-Mail Address of Designated Agent: firstname.lastname@example.org