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Terms and Conditions

Last Updated on 14th February 2019.

 

These terms and conditions are effective immediately for those using SABA after that date.

These terms and conditions (the “Terms”) govern your access to and use of SABAGuest Request and the website www.sabahospitality.com and its sub domains (“SABA Website”), collectively referred to as “SABA Service” or “SABA”. By accessing or using SABA, you are agreeing to these Terms and conditions and concluding a legally binding contract with SABA Hospitality Technology Solutions Company Ltd a Macao corporation (“the company”).

Do not access or use SABA if you are unwilling or unable to be bound by the Terms.

 

1.    DEFINITIONS

A.    Parties

“You” and “your” refer to you, as a user of SABA. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses SABA. “We,” “us,” and “our” refer to SABA Hospitality Technology Solutions Company Ltd.

B.    Content

“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication.

“Your Content” means Content that you submit or transmit to, through, or in connection with SABA. For example, your text messages containing your requests for information, services or obtaining recommendations from SABA.

“Your Private Information” means a part of Your Content which directly discloses your specific Information, your hotel guest room number, name under which the hotel is registered to and personal Information such as your contact details.

“User Content” means Content that users submit or transmit to, through, or in connection with SABA.

“SABA Content” means Content that we create and make available in connection with SABA.

“Third Party Content” means Content that originates from parties other than SABA or its users, which is made available in connection with SABA.

2.    CHANGES TO THE TERMS OF SERVICE

We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of SABA is governed by the Terms effective at the time of your access to or use of SABA. If we make material changes to these Terms, we will notify you by email or by posting a notice on SABA Website prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis, as revised versions will be binding on you.

Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of SABA after the effective date of modifications to the Terms indicates your acceptance of the modifications.

3.    TRANSLATION

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with SABA Hospitality Technology Solutions Company Ltd ., and any inconsistencies among the different versions will be resolved in favor of the English version.

4.    USING SABA

A.    Eligibility and Access to SABA Service

To access or use SABA, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use SABA if you are a competitor of ours or if we have previously banned you from SABA.

B.    Permission to Use SABA

We grant you permission to use SABA subject to the restrictions in these Terms. Your use of SABA is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

C.    SABA’s Availability

SABA Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

D.    User Information

You may be required to provide certain information about yourself in order to use some of the features that are offered through SABA, e.g., requesting for services, making reservations and ordering food and beverage Items. Please review our Privacy Policy to learn more about types of data that we collect and use.

5.    CONTENT

A.    Responsibility for Your Content

You alone are responsible for Your Content once submitted to SABA. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by SABA Hospitality Technology Solutions Company Ltd .. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

B.   OWNERSHIP

As between you and SABA Hospitality Technology Solutions Company Ltd ., you own Your Content. We own the SABA’s Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other SABA’s Content, computer code, products, software, aggregate user review ratings, and all other elements and components of SABA excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with SABA’s Content and SABA, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of SABA’s Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to SABA and the SABA’s Content are retained by us.

6.    RESTRICTIONS

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

A.    You agree not to, and will not assist, encourage, or enable others to:

i.        Use SABA to violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

ii.        Duplicate, transfer, give access to, copy or distribute any part of SABA in any medium without SABA Hospitality Technology Solutions Company Ltd .' prior written authorization;

iii.        Attempt to reverse engineer, alter or modify any part of SABA Service;

iv.        Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of SABA Service or on any materials printed or copied from SABA;

v.        Use SABA to violate any applicable law.

B.    You also agree not to, and will not assist, encourage, or enable others to:

i.        Violate the Terms;

ii.        Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit SABA or SABA’s Content (other than Your Content), except as expressly authorized by SABA Hospitality Technology Solutions Company Ltd .;

iii.        Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of SABA or any SABA’s Content;

iv.        Reverse engineer any portion of SABA;

v.        Attempt to gain unauthorized access to SABA, user accounts, computer systems or networks connected to SABA through hacking, password mining or any other means;

vi.        Use SABA or any SABA’s Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);

vii.        Use any device, software or routine that interferes with the proper working of SABA, or otherwise attempt to interfere with the proper working of SABA;

viii.        Use SABA to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, SABA or SABA’s Content; or

ix.        Remove, circumvent, disable, damage or otherwise interfere with any security related features of SABA, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of SABA.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us by e-mail SABA@sabahospitality.com together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

7.    THIRD PARTIES

SABA may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Some of the services made available through SABA may be subject to additional third party or open source licensing terms and disclosures.

8.    INDEMNITY

You agree to indemnify, defend, and hold SABA Hospitality Technology Solutions Company Ltd ., its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “SABA Hospitality Technology Solutions Company Ltd . Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of SABA, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with SABA, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. SABA Hospitality Technology Solutions Company Ltd . reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of SABA Hospitality Technology Solutions Company Ltd .. SABA Hospitality Technology Solutions Company Ltd . will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

9.    DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE SABA HOSPITALITY TECHNOLOGY SOLUTIONS COMPANY LTD . ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING SABA. BY ACCESSING OR USING SABA, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

A.    SABA IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE SABA HOSPITALITY TECHNOLOGY SOLUTIONS COMPANY LTD . ENTITIES MAY NOT MONITOR, CONTROL, OR VET CONTENT PROCESSED AND EXPOSED IN SABA. AS SUCH, YOUR USE OF SABA IS AT YOUR OWN DISCRETION AND RISK. THE SABA Hospitality Technology Solutions Company Ltd . ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF SABA, ITS SAFETY OR SECURITY, OR ITS CONTENT. ACCORDINGLY, THE SABA HOSPITALITY TECHNOLOGY SOLUTIONS COMPANY LTD . ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM SABA’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF RECOMMENDATIONS, PROVIDED BUSINESS INFORMATION, OPINIONS, QUOTES, REVIEWS AND OTHER, OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH SABA.

B.    THE SABA HOSPITALITY TECHNOLOGY SOLUTIONS COMPANY LTD . ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY OR SABA’S USERS. ACCORDINGLY, THE SABA HOSPITALITY TECHNOLOGY SOLUTIONS COMPANY LTD . ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES FEATURED ON SABA. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH SABA IS AT YOUR OWN DISCRETION AND RISK.

C.   THE SABA HOSPITALITY TECHNOLOGY SOLUTIONS COMPANY LTD . ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES RECOMMENDED IN SABA, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE SABA HOSPITALITY TECHNOLOGY SOLUTIONS COMPANY LTD . ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.

D.    OUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH SABA, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF SABA.

E.    THE SABA HOSPITALITY TECHNOLOGY SOLUTIONS COMPANY LTD . ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH SABA OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE SABA HOSPITALITY TECHNOLOGY SOLUTIONS COMPANY LTD . ENTITIES IN CONNECTION WITH SABA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

F.    THE SABA HOSPITALITY TECHNOLOGY SOLUTIONS COMPANY LTD . ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

10. CHOICE OF LAW AND VENUE

Macao law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and SABA Hospitality Technology Solutions Company Ltd . (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN Macao.

11. TERMINATION

A.    We may close your account, suspend your ability to use certain portions of SABA, and/or ban you altogether from SABA for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, SABA, Your Content, SABA’s Content, or any other related information.

12. GENERAL TERMS

A.    We reserve the right to modify, update, or discontinue SABA at our sole discretion, at any time, for any or no reason, and without notice or liability.

B.    We may provide you with notices, including those regarding changes to the Terms by email or communications through SABA.

C.   Except as otherwise stated in Section 9 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

D.    The Terms contain the entire agreement between you and us regarding the use of SABA, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

E.    Any failure on SABA Hospitality Technology Solutions Company Ltd .’ part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

F.     If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with SABA Hospitality Technology Solutions Company Ltd .’ prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.