TOUCH STAY TERMS & CONDITIONS
www.touchstay.com & hub.touchstay.com
Parties to the Terms and Conditions
These terms and conditions govern the relationship between you, as the owner or property manager (“Owner”), and JAM Start Ltd (“JAM”), a company incorporated in England & Wales (Company Number 09352517) that owns and operates Touch Stay.
Touch Stay is a web-based software which provides Owner the ability to create and share information with guests that is relevant to the guest’s stay. For example (but not limited to) driving directions, area attractions, and property information. Such information is in the form of text, photos and outbound links, including links generated from the Google API and Tripadvisor link box. This information is collectively referred to as “Content” throughout this document.
The way Content is delivered to guests is via what we call a “digital welcome pack” which can simply be thought of as the way Content is displayed via the web to a guest.
JAM may help Owner to set up the Content by way of a set up service (defined in the below terms), but JAM is in no way responsible for the Content. It is Owner’s responsibility to ensure the Content is appropriate for their guests. As such, JAM accepts no liability for any events which arise out of a guest’s use of the Content. Owner understands that JAM simply provides the means to create and share the welcome book Content. Nothing more.
NATURE OF SERVICES: JAM grants Owner a non-exclusive, non-transferable, personal, licence to use Touch Stay, subject to the terms of this Agreement. Owner is using this Licence to create Content for their digital welcome book/s.
LICENCE TERM: This agreement shall commence once Owner has completed the Sign Up page (http://hub.touchstay.com/signup) by clicking the Submit button. This agreement shall continue until Owner communicates, via email to firstname.lastname@example.org, that they wish to delete their account.
FEE: The first 30 days of us are free of charge. This is the so-called Free Trial Period. After the Free Trial Period Owner’s account will need to be activated to continue using Touch Stay. Owner can activate their account from their “Account” tab. If Owner has sent guests an invitation or link to use the welcome book, such invitation or link will not work if the Owner account is not activated after the Free Trial Period has expired. It is therefore Owner’s responsibility to ensure that their account is active.
PAYMENT OF FEE: JAM collects the fee via credit/debit card from the Account tab. JAM uses a third party payment processor to take payment and, as such, does not see or store credit card information. Full account plan options are stated on the Account tab. If Owner wants to suspend their account for a period of time (for example during off-peak season), it will not be possible.
PAYMENT: All major Credit/Debit Cards are all acceptable methods of payment. All goods remain the property of the Company until paid for in full. Monies that remain outstanding by the due date will incur interest at the rate of 5% per annum until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid thirty days from the date of invoice via collection Agencies and/or through the Small Claims Courts. In such circumstances, you shall be liable for any and all additional administrative and/or court costs. Returned payments can incur a late charge to cover banking fees and administrative costs. In an instance of a second Returned payment, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
TERMINATION: Owner may terminate at any time by providing email notice to JAM at email@example.com. Should Owner terminate the Licence before the Licence term has been completed then no refund shall be given. Either party may terminate this Contract in the event of a material breach by the other party or because of their insolvency.
CONSEQUENCES OF TERMINATION: The Licence will terminate and Owner’s account and welcome packs will be deleted from hub.touchstay.com. For the avoidance of doubt, information that has been deleted cannot be retrieved. It is permanently deleted.
RESPONSIBILITY FOR CONTENT: The Content contained within Owner’s account at hub.touchstay.com is the full responsibility of the Owner. This means that Owner accepts all liability that might arise out of a guest using and/or relying on the Content. For the avoidance of doubt JAM cannot be held responsible for any claim brought by one of Owner’s guests in relation to Content contained in the relevant welcome pack. For example, if a guest gets lost as a result of inaccurate driving directions in the Touch Stay welcome pack, JAM accepts no liability. Or, if a guest suffers food poisoning as a result of visiting one of the restaurants recommended by Owner, JAM accepts no liability. These are just 2 examples to illustrate the point, they are not intended to be the only 2 types of case. Once again, Owner is responsible for ALL Content contained in their account at hub.touchstay.com
It should also be noted that Touch Stay is not acting as a means for Owner to save or store their Content. We are not Dropbox or similar services. As such Owner must ensure that they maintain a copy of their Content if they wish to use it in the future.
RECEIPT OF TOUCH STAY BY OWNER’S GUESTS: JAM accepts no responsibility if one of Owner’s guests fails to receive the welcome book from Owner. It is Owner’s responsibility to ensure that their guests have all the information they need to prepare for, and enjoy, their stay at one of Owner’s properties.
USE OF GUEST INFORMATION BY JAM: Owner has the ability to enter their guests name, email and dates of stay inside Touch Stay for the purposes of sending guest invitations to the welcome book. Owner warrants that their guests have provided all necessary consents to be contacted in this way and Owner will indemnify JAM for any losses that arise because such consents have not been obtained. If Owner enters any of this information into Touch Stay then JAM will ensure that such information is maintained securely. Additional JAM will not use any of the guest’s information for any form or marketing, nor will they sell or release information to any 3rd party, unless required to by law.
SET UP SERVICE: JAM offers an optional set up service for Owner whereby JAM will create the Touch Stay Content, under Owner’s direction. This service usually applies where Owner does not have the time or resource to create the Content themselves. However, Owner still maintains full responsibility for the Content. It is expected and understood that Owner will review all Content prior to sharing it with their guests. The sharing of Content with their guests is deemed to be acceptance by Owner for the Content.
SET UP FEE: JAM may charge to set up each individual property’s Content in Touch Stay. This will be a point of negotiation with Owner prior to any set-up being started. Any changes needed to the Content after the set up service is complete must be completed by Owner.
YOUR ACCOUNT: By registering to use hub.touchstay.com, you may establish an account. Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Touch Stay of any security breach of your Account. JAM shall not be responsible for any losses arising out of the unauthorised use of your Account.
OWNER OBLIGATIONS: In addition to the other clauses in this contract, Owner has the following additional obligations:
to keep any username or passwords to Touch Stay in its exclusive possession and control and safeguard such username and passwords (and any other security or login details) from access by any unauthorised person;
not attempt to use, reproduce, dispose of, deal with, rent, lease, sub-license, loan, modify, adapt, reverse engineer, decompile or disassemble the whole or any part of Touch Stay;
be responsible and liable for any content, materials and data submitted, posted or otherwise uploaded onto Touch Stay using through its account;
not access all or any part of Touch Stay in order to build a product or service which competes with Touch Stay;
to use reasonable endeavours to prevent any unauthorised access to, or use of, Touch Stay and notify JAM promptly of any such unauthorised access or use;
not attempt to obtain, or assist unauthorised third parties in obtaining, access to Touch Stay;
to indemnify and keep JAM indemnified against any loss, liability or damage to or arising from the use of Touch Stay arising as a result of the misconduct, recklessness or gross negligence of the Owner, or its employees or for any breach of the above warranties.
Owner warrants that Content does not infringe any third party’s intellectual property rights or rights of privacy; does not violate any laws; does not contain any information which is defamatory, discriminatory, trade libellous, unlawful, objectionable; is not obscene or pornographic; does not violate any laws regarding unfair completion, anti-discrimination or false advertising; does not contain any virus.
OWNERSHIP OF CONTENT: Owner agrees that Content is their own. For the avoidance of doubt, Content cannot be copied from a 3rd party without Owner having been given the appropriate release or licence to use that content by the 3rd party owner. This said, JAM is in no way responsible for ensuring that release has been given. It is accepted by JAM that Owner has secured the appropriate release or permission where 3rd party content has been used.
USE OF CONTENT BY JAM: JAM accepts and agrees that the Content is the responsibility of Owner. As such JAM cannot use the Content for any other purpose without prior written email approval from Owner.
UNINTERRUPTED TOUCH STAY SERVICE: Whilst JAM will use commercially reasonable endeavours to make Touch Stay available, JAM cannot and does not warrant that the use of Touch Stay will be uninterrupted or error free and shall not be liable to the Owner or their guests for any losses or damages which may be suffered by the Owner or their guests as a result of any downtime or errors.
ONGOING UPDATES TO TOUCH STAY: We may release new versions of Touch Stay, or modify Touch Stay from time to time, as would be reasonably expected of a software like this.
INTELLECTUAL PROPERTY RIGHTS: JAM owns all intellectual property rights to Touch Stay. You may view, download for caching purposes only, and print pages for your own personal use, subject to the restrictions in these terms and conditions. You must not republish, sell, rent or sub-license, reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
USE OF THIRD PARTY SERVICES: JAM may use the services of a third party for any part of their business. For example, design and development work of Touch Stay may be outsourced to a 3rd party, and Content set up may be outsourced to freelancers. Where such outsourcing takes place JAM will ensure that the 3rd party’s work and service is covered by a written agreement.
EMAIL COMMUNICATIONS: JAM may send Owner periodic emails that directly relate to Touch Stay. Such emails may include the following:
Instructional content on any features that Touch Stay has introduced or changed;
Tips and recommendations for using Touch Stay in the most efficient and effective way;
Any information concerning the industry or Touch Stay’s business, including sharing any relevant blogs from Touch Stay’s blog;
Any changes to the general terms and conditions contained in this agreement;
DISCLAIMER: JAM does not guarantee Owner any benefit whatsoever from using Touch Stay. In particular JAM does not guarantee that Owner will generate bookings or revenue from using Touch Stay, nor does JAM guarantee that Owner will generate any booking inquiries. Should a guest communicate with Owner as a result of using Touch Stay, JAM is in no way responsible for the guest’s conduct or behavior. As such, any dispute which may arise between Owner and guest is outside the responsibility and liability of JAM.
PRIVACY STATEMENT: We are committed to protecting your privacy. Authorised employees within the company, on a need to know basis, only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. The UK Government has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
CONFIDENTIALITY: JAM, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of JAM, or divulge, disclose, or communicate in any manner, any information that is proprietary to Owner. JAM and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Any oral or written waiver by Owner of these confidentiality obligations which allows JAM to disclose Owner’s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.
WARRANTY: JAM shall provide its services and meet its obligations under this Contract in a workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in JAM’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to JAM on similar projects.
LIMITATION OF LIABILITY: Nothing in this Agreement excludes the liability of JAM for death or personal injury caused by JAM’s negligence; or for fraud or fraudulent misrepresentation. Subject always to the clause above:
JAM shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement; and
JAM’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the fees paid by the Property Partner to JAM during the 12 months immediately preceding the date on which the claim arose.
DEFAULT: The occurrence of any of the following shall constitute a material default under this Contract:
The failure to make a required payment when due.
The insolvency or bankruptcy of either party.
The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
The failure to make available or deliver the Services in the manner provided for in this Contract.
REMEDIES: In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have ten days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
FORCE MAJEURE: If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
SEVERABILITY: If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
AMENDMENT: This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW: This Contract shall be construed in accordance with the laws of England and Wales. The parties irrevocably agree that the Courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the agreement.
NOTICE: Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered by email, return receipt requested, to firstname.lastname@example.org
WAIVER OF CONTRACTUAL RIGHT: The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.