Recognizing for the purposes of the present contract the following definitions:
- Service - Guava Booking / guavabooking.com
- Service Provider - FLYING APE - Web Technologies Ltd
- User - Person who buys the service
- Account - Domain of each user
- Site - guavabooking.com
By using the guavabooking.com web site ("Service"), owned by company "Flying Ape - Web Technologies Ltd" registered in Macao, you are agreeing to be bound by the following terms and conditions (“Terms of Service”):
Terms of Service
- You can review the most current version of the Terms of Service at any time at: http://www.guavabooking.com/conditions.
- Violation of any of the terms will result in the termination of your Account.
- Any new features that enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.
- You shall use the Service at your own risk and agree that FLYING APE cannot be responsible for the content posted on the Service.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person at a time – a single login shared by multiple people simultaneously is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. FLYING APE cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by other people under your account). When submitting or disclosing such content in areas of the Service which are accessible to the public, the user declares to be the owner of such content, exempting FLYING APE from all fiscal responsibility or fiscal obligations inherent to the management or issue of any document.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in any jurisdiction (including but not limited to copyright laws.
- As creator and service provider of Guava Booking, FLYING APE ensures users full privacy, confidentiality and security of the data they enter into their account, including personal information, as well as information related to their business partners. However, FLYING APE can’t be held accountable for actions by third parties.
- The database in each user’s account ensures full confidentiality of all data assigned to it.
- Before the service provider agreement can come into effect, FLYING APE asks the users for their personal data strictly for commercial use, namely billing, invoicing, and contractual or statistical purposes.
- Under any circumstances will a user’s personal data be published, given to third parties, or used for advertising or marketing, without explicit consent by the user, except if he or she violates the terms and conditions of the service. In that case, the data might be used for purposes of civil, infringement or criminal charges.
- The user allows FLYING APE to use his or her data to send out information about new services and updates to the current services.
- FLYING APE will supply the user’s account data in the event of a notification or judicial subpoena to that effect.
- The user can change his or her personal data at any given moment.
- These conditions aim at ensuring the user can profit safely and effectively from the service provided by FLYING APE.
Payment, Refunds, Upgrading and Downgrading Terms
- The price of a specific plan cannot be renegotiated.
- The service payment will be done by credit card, Paypal or MultiBanco.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- If during the trial period the user upgrades to a paid plan, the trial period will immediately terminate and the user will be charged in the next month.
- The service is charged 1 month in advance and is not reimbursable. There shall be no reimbursement or credits for partial usage of Service, upgrade/downgrade restitution or reimbursement for days not used in an open account. No exception shall be considered based on the principle of equality.
- If the user carries out or wants to upgrade or downgrade the account plan, payment of this service shall be immediately and automatically enforceable and may be paid to FLYING APE by credit card or another acceptable method of payment.
Cancellation and Termination
- You can cancel your account at anytime since FLYING APE has no long term contracts. You can either request the cancellation of your account by e-mail or you can stop renewing the monthly subscription.
- If a user cancels his account, its content shall be removed after 2 months. None of the information shall be recoverable, and so FLYING APE strongly advises the user to create a security storage or backup.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- FLYING APE, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other FLYING APE service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. FLYING APE reserves the right to refuse service to anyone for any reason at any time.
- FLYING APE has the right to refuse service to any person for any motif at any moment.
Modifications to the Service
- FLYING APE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with a notice 30 (thirty) consecutive days in advance in the case of permanent discontinuity.
- FLYING APE may discontinue the Service or part of it, whenever it detects the necessity to change or correct it. The user expressly accepts that FLYING APE automatically supplies him or her with such corrections as part of the Service and any possible breakdowns inherent to these.
- As part of the service, FLYING APE may temporarily discontinue or make changes to the Service, as a result of corrections to software problems, functionality improvements, general improvements, or even provide completely new versions of the service, aiming to improve the service provided, with a view to maximum user satisfaction and benefit. FLYING APE shall not be liable towards any user or any third-party for any damages that may result or arise from the termination or suspension of the account and/or access to the Service by the user.
- FLYING APE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- A static and templated website is given for free to customers as long as a minimum of 2 accounts are subscribed.
Copyright and Content Ownership
- All Service Rights are reserved to FLYING APE. The user accepts that the Service contains protected and confidential information which is governed by the applicable legislation.
- You may not duplicate, copy, or reuse any portion of the Site, or visual design elements or concepts without express written permission from FLYING APE.
- We claim no intellectual property rights over the material you provide to the Service. All the data and materials you upload to your account remain yours.
- FLYING APE does not share your personal information with third parties, unless explicitly approved by you.
- Technical support is only provided to paying account holders and is available both via email and through our support page.
- You must not modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site, FLYING APE, or any other FLYING APE service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, Site Usage, or access to the Site without the express written permission by FLYING APE.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- The service is provided online, and so FLYING APE is not responsible for any fault in the connection and the inherent inability to use it.
- You must not transmit any worms or viruses or any code of a destructive nature.
- FLYING APE does not guarantee that (i) the Service will meet your specific requirements, (ii) the service will be uninterrupted, timely, safe or free from error, (iii) the results that may be obtained from using the Service shall be correct or trustworthy, (iv) the quality of the products, services, information or other material acquired or obtained by the user through the Service will meet his or her expectations, and (v) any errors in the service will be corrected.
- The user expressly understands and agrees that FLYING APE shall not be liable, for any direct, indirect, accidental, special, consequential or specimen damages, including but not limited to: damages for loss of profit; good faith; use; data or other resulting intangible losses (even if FLYING APE had been advised of the possibility of such damages): (i) use of or inability to use the service, (ii) cost of acquiring replacement goods and services as a result of any goods, data, information or services acquired or obtained or messages received or operations contracted through the service, (iii) unauthorised access or change to your transmissions or data, (iv) statements or conduct of others about the Service; (v) or any other matters relating to the Service.
- Questions about the Terms of Service should be sent to support at moc.gnikoobavaug@pleh