Terms and Conditions for the use of Rooms At.com

TERMS & CONDITIONS

These are the terms and conditions for the use of our website at www.RoomsAt.com (our site) for the management of your local room and facility's resources. By using our site you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not use our site.

INFORMATION ABOUT US

www.RoomsAt.com is a site operated by EKPSoftware Our trading address is at 3 Churchfield, Harpenden, Hertfordshire. AL5 1LJ

ACCESSING OUR SITE

Whilst we will use all reasonable endeavours to ensure that our site is available at all times, we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable for any reason.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

YOUR REGISTRATION AND PASSWORD

Each registration provided when you purchase a licence is for a single site only. Responsibility for the security of any passwords or user names ou allocate rests with you. If you know or suspect that someone else knows any of your passwords, you should contact your Administrator immediately.

We may suspend or cancel your site licence immediately at our reasonable discretion or if you breach any of these terms and conditions.

OUR RIGHTS OF CANCELLATION

We reserve the right to refuse access to our site if you fail to comply with any of these terms and conditions or your previous actions give us reasonable grounds to believe that you may fail to do so in the future. If we exercise this right we shall notify you via email.

OUR LIABILITY

We are not responsible to you for any data that you lose as a result of accessing our site.

We shall not be liable for any use made of your data or any information contained in it.

We may make changes to the material on this site, or to the products, services and prices described in it, at any time without notice. The material on this site may be out of date.

The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this site.

Subject to the following clause, our entire liability to you in respect of these terms and conditions or any other matter whether in contract or tort, including negligence, or otherwise) shall be limited to the cost of inputting any data on the site. You are responsible for making your own arrangements for the insurance of any excess loss, if required.

The previous clause does not include or limit in any way our liability:

(a) for death or personal injury caused by our negligence;

(b) for fraud or fraudulent misrepresentation by us; or

(c) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

You agree to indemnify us fully, defend and hold us, and our officers, partners, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of these terms and conditions or any Contract by you, or your use of this site, or the use by any other person using your registration details or in any circumstances where we are held to be your agent.

INTELECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

CHANGES TO OUR WEB SITE

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

PROHIBITED USE

Any material published on our web site will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

LINKING TO OUR SITE

Links from third party websites to this site are provided solely for your convenience. We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability and you use such third party websites entirely at your own risk.

WRITTEN COMMUNICATIONS

When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

NOTICES

All notices given by you to us must be given to EKPsoftware at 3 Churchfield, Harpenden, Hertfordshire AL5 1LJ. We may give notice to you at either the e-mail or postal address you provide to us. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

TRANSFER OF RIGHTS AND OBLIGATIONS

Any Contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, or any Home Information Pack, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Only the parties to a Contract may seek to enforce its terms.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: any industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, power outage or electrical failure, theft of computers or related equipment, hostile computer act, telecommunications or internet failures, non-availability of third party data centres, acts of terrorism, civil riot or war).

WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

SEVERABILITY

If any of these terms and conditions or any provisions of a Contract are deemed by any competent authority to be invalid, unlawful or unenforceable, such term, condition or provision will to that extent be severed from the remaining terms and conditions, which will continue to be valid to the fullest extent permitted by law.

ENTIRE DOCUMENT

These terms and conditions and any document referred to in them set out the entire agreement between us in relation to any Contract. They supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from negotiations between us prior to such Contract, except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time.

LAW AND JURISDICTION

These terms and conditions will be governed by English law. Any dispute arising from, or related to, such terms and conditions or Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales, although we retain the right to bring proceedings against you for breach in your country of residence or any other relevant country.

If you access this site from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.