Terms and conditions for guest and end-customer facing apps
Preambule
Whereas
Clock has developed and provides a web app (the “App”) that enables hotel bookings, extra services ordering, payment processing, other online customer services (such as but not limited to managing bookings and purchases, online check-in, online check-out, guest messaging, special preferences), designed for the hospitality industry.
The accommodation provider (the “Merchant”) is an operator of (a) hotel(s) or of other accommodation premise(s) (the “Affiliated Hotel(s)”) and is using the App to sell online hotel accommodation and other services or goods and to connect and interact with its customers, related with the operations of the Affiliated Hotel(s) (the “Merchant services”).
An entity using the App to purchase hotel accommodation or other services or to manage purchases and relationship with the Merchant on entity’s own behalf or as an agent for other entities will be referred to as customer (the “Customer”)
All other parties shall be referred to as 3rd parties (the “3rd party”).
Service terms
The App is available to the Customer subject to Customer’s acceptance and compliance with the terms and conditions set forth below.
The Customer shall read the following terms and conditions (the “Agreement”) carefully before using this App. By using the App, the Customer accepts and agrees to be bound by the Agreement. If the Customer does not agree with any part of the Agreement, the Customer shall not use the App.
The use of the App is free of charge for the Customer.
Despite the fact that Clock makes any possible effort that the App is available at all times, the present Agreement does not grant any guarantee that the App will be available without interruptions.
Direct relationship between the Customer and the Mechant
The App is intended to assist the Merchant to make certain Merchant services accessible to the Customer. To that end, the App serves exclusively as a technical communication and data processing facility, enabling direct transactions between the Merchant and the Customer.
By purchasing or using Merchant services, the Customer acknowledges and accepts that the Customer enters into a direct commercial relationship with the Merchant. Clock shall not be an agent or a reseller of the Merchant.
The Customer shall be informed, acknowledges and accepts that the content (the “Content”) displayed in the App, including but not limited to the description of the Merchant services, the Merchant’s legal data and contact details, the Affiliated hotel’s location and contact details, the pricing information, the visuals, the logos, the purchase, cancellation and stay policies and the availability of the Merchant services are provided by the Merchant, including the translations to different languages.
The Customer acknowledges and agrees that the Merchant shall be entitled to update or remove Content at all times.
The App is designed in a way to transmit a) Customer’s orders, inputs and purchases to the Merchant; and b) information about the updates in the availability of the Merchant services and their pricing automatically from and to the App and in the shortest possible time as they take place.
The Customer shall seek any additional information in relation to Merchant services, their orders and actions directly from the Merchant.
Limitation of Clock’s liability and responsibility
The Customer accepts to order, buy and use the Merchant services at Customer’s sole risk.
The Customer accepts and agrees that no information provided in the App shall be construed as creating any warranty or other obligation on the part of Clock.
Clock shall not be liable for the Merchant services and shall not be otherwise responsible for examining, evaluating, verifying, translating or guaranteeing the accuracy or the truthfulness of the Content. All claims and disputes shall be directed to the Merchant or to the relevant consumer protection authorities, regulating the operations of the Merchant.
Clock shall not be liable for the delivery and the quality of Merchant services, including incomplete delivery, failed delivery, late delivery, service cancellation, return of goods, defective goods, losses, missed opportunities, or false advertisement based on the Content in the App.
Some of the Merchant services may not be appropriate for the Customer, allowed or available for use by Customers in particular locations, age groups or other demographics. The Customer accepts that to the extent that the Customer chooses to use such Merchant Services, the Customer is solely responsible for compliance with any applicable regulations.
The Customer shall not use the App in any manner that is not in compliance with the Agreement. The Customer shall not take any actions that infringe the intellectual property rights of Clock or any third party.
Payment method and processing
Payment method on record:
For some transactions which the Customer can perform with the App the Merchant may require the Customer to provide a payment method (eg. credit card details or authorisation from a digital wallet) as means of payment or guarantee.
The Customer shall not provide a payment method that the Customer is not authorised or allowed to use by the entity controlling that payment method.
The Customer agrees and authorises Clock a) to store the provided payment method on behalf of the Merchant - and - b) to transmit it solely to the Merchant or to a verified payment processor, processing on behalf of the Merchant.
Such authorisation is granted until the latest of the following: a) the transaction or the relationship in relation to which the payment method was stored is fully delivered or completed; b) all payments due are successfully processed and all pending guarantees are released according to the terms of purchase; c) until the Customer keeps their account with the Merchant; or d) until the Merchant has legitimate right to keep storing such payment method.
Payment processing security:
Under no circumstances Clock shall transfer or otherwise provide the stored payment method details to any other entities other than the Merchant or the verified payment processor, processing on behalf of the Merchant.
Under no circumstances Clock shall use the payment method to process payments on Clock’s or on any 3rd party’s account or behalf that is not the Merchant.
Clock undertakes to maintain PCI DSS Level 1 compliance and certification and the related security measures, assuring the security of storing and transmitting payment method details at all times during the period of storing of the Customer’s payment method details. A current version of the acting Attestation of compliance (PCI DSS AoC) with the PCI Standards shall be available upon request.
Manual payment processing by the Merchant:
If the Merchant does not use a verified payment processor, connected to the App, Clock shall transmit the payment method, provided by the Customer, to the Merchant.
The Customer accepts and agrees that in such a case the Merchant will be processing the payments and guarantees by the means of manually copying payment method details from a restricted screen display from the App and keying them in manually using the physical or the virtual terminal, provided by the Merchant’s bank or payment processor, which terminals are not connected to the App.
The Customer accepts and agrees that the Merchant will be solely responsible for implementing security measures that ensure that the payment method details will not become available to unauthorised entities, including unauthorised employees or subordinates of the Merchant, as well as to ensure that the payment and deposit processing requests shall be in full compliance with the terms of sale, agreed between the Customer and the Merchant.
Automated payment processing if the Merchant is using a verified payment processor, connected to the App:
Clock shall send one-off or multiple requests for processing of due guarantees and payments to the Merchant’s verified payment processor based on human-initiated or automated instructions sent to the App by Merchant’s Property Management System.
The Customer accepts and agrees that it shall be Merchant’s sole responsibility to make sure that the processing of those requests shall be in full compliance with the terms of sale, agreed between the Customer and the Merchant.
The Customer agrees that all payment disputes and chargeback requests shall be directed and disputed directly with the Merchant and agrees that Clock shall not be liable for the settlement of any such claims.
Privacy, personal data and data processing
The Customer authorises Clock to store individually identifiable information and personal data of the Customer and/or the other entities (such as but not limited to spouses, children, travel companions, employees, partners, customers, etc.) in relation with whom the Customer transacts with the Merchant, using the App.
Submission of personal data of other entities by the Customer:
In case the Customer provides personal data of other entities, the Customer guarantees that the Customer is authorised and holds a consent for their personal data to be submitted for processing by Clock via the App.
The Customer agrees and undertakes to indemnify Clock, the Merchant and the authorised Merchant sub-processors against any claims by interested 3rd parties in case the Customer has provided such personal data without prior consent.
Additional rights:
Additional rights to EU residents, based on the EU General Data Protection Regulation 2016/697 (“GDPR”). If the Customer or the entities whose data is submitted by the Customer are residents of the EU, they shall be entitled to: a) be informed about what personal data Clock collected and stores for them; b) “be forgotten” or to request the deletion of certain personal data processed for them as long as Clock is not allowed or required to keep that data despite the deletion request; c) correct any imprecise, inaccurate or incomplete personal data; d) request a machine-readable export of personal data of the Customer or entities whose personal data is submitted by the Customer; e) request restriction of the processing in case you claim processing is not necessary or in case you claim the processed data is not accurate. Clock shall be entitled to disregard such claims if Clock is obligated to store personal data for the purpose of compliance with legal requirements or obligations, or on the grounds of establishment or exercise of legal claims or any other grounds provided by the relevant data protection law.
Additional rights to California residents, based on the California Consumer Privacy Act of 2018 (“CCPA”): If the Customer or the entities whose data is submitted by the Customer are residents of California, they shall be entitled to: a) be informed about how your personal information is used. More information on how Clock processes data can be found in the Data Processing Agreement; b) access the information about what personal data Clock processes for the interested entity, for what purposes and whom this personal data is shared with (stipulated in the current Agreement); c) request deletion of certain personal data to the extent where such data shall not be kept by Clock despite entity’s request based on regulatory obligations or other legitimate interest; d) receive the same rights or Merchant services even if the entity exercises their CCPA rights.
Additional rights and terms for Australian residents, based on the Australian privacy law: By using the App the Customer guarantees that they are holding the permission from the individuals, whose personal data is submitted gpt processing. Such collection of personal data shall only happen via the App. The term personal data shall mean information or an opinion about an identified individual or an individual who is reasonably identifiable. All individuals, whose personal data is submitted by the Customer via the App shall be entitled to request access to their personal data and to request the correction of such. To access or correct any personal data stored for them, such individuals shall contact Clock at the contacts, provided at the wand of this Agreement. The Customer acknowledges and agrees, also on behalf of the individuals whose personal data they submit, that their personal data may be disclosed to entities overseas, since the Merchant or their sub-processors may be based overseas. In case any individual whose personal data is processed by the App wants to complain about breaches in privacy, they can do so with a written notice to Clock, directed to the contact details set forth in the present Agreement and Clock shall contact such individual with further instructions about the investigation and the responsible employees.
Processing government-issued ID documents:
For some transactions which the Customer can perform with the App the Merchant may require the Customer to provide a official government-issued ID document (eg. ID card, passport, driving licence) as means of identity verification, similar to the identity verification performed at the front desk.
The Customer shall not provide ID documents that the Customer is not authorised or allowed to hold or to submit for online processing if such use is prohibited by the ID document holder or by the issuing government. Any such submission of ID documents shall be solely on Customer’s responsibility.
The Customer agrees and authorises Clock a) to validate and store the provided ID documents on behalf of the Merchant - and - b) to transmit their images solely to the Merchant. Such authorisation is granted until the latest of the following: a) the transaction or the relationship in relation to which the ID document was stored is fully delivered or completed; b) all payments due are successfully processed and all pending guarantees are released according to the terms of purchase c) until the Customer keeps their account with the Merchant; or d) until the Merchant has legitimate right to keep storing such ID documents.
App usage information:
Clock or the Merchant may automatically track and record App usage information with the purpose to optimise the operations of the App, such as but not limited to browser type and version, the internet domain and IP address from which the App is accessed, screen resolution, device and location from where the App is accessed , date and time of usage and more. That could include the employment of third party services like Google Analytics or similar ("Analytics"). The Customer agrees to such tracking and recording as well as to the use of the Analytics, to the extent where Customer’s and Customer’s affiliates personal data is not shared with parties that are not holding a data processing agreement with the Merchant.
The Merchant may install additional scripts in the App to enrich the data sent to the Analytics with transactional data such as but not limited to booking period, rate, price, volume of the service purchased (eg. nights), personal data of the Customer. The Customer accepts and agrees that Clock is not examining such scripts nor how they are being used and processed further on by the Merchant or Merchant’s sub-processors and hence the Customer accepts and agrees that Clock shall not be responsible and liable for the way the Merchant processes and otherwise uses such scripts and the data processed by the Merchant. The Customer accepts and agrees that all requests about how their data is used and processed as well as any claims in relation to potential misuse or leakage of such data shall be directed to the Merchant.at such use and processing shall be solely Merchant’s responsibility.
The App uses cookies. A cookie is a piece of information that a website sends to the device of the Customer, which is stored in a file on Customer’s device. A cookie does not tell Clock The Customer’s individual identity unless the Customer has opted to provide it to Clock. Cookies expire after a defined period of time.
Data confidentiality and processing:
Clock undertakes to protect the confidentiality of the individually identifiable information collected by Clock and personal data provided by the Customer. To that end Clock shall limit the access to such data only to entities with legitimate interest, such as the Merchant, the Merchant's employees, the Merchant's verified payment processor and the data sub-processors, approved by the Merchant. Any such transmission shall be subject to Merchant's data processing policies and on Merchant’s own responsibility.
Clock undertakes that Clock shall not provide or share any personal data of the Customer with any other 3rd parties.
More information about how Clock processes personal data, including Customer's personal data, shall be available in the Data Processing Agreement of Clock.
The Customer (on their own behalf or as an agent of other entities whose personal data the Customer submits for processing by the App) agrees that Clock shall not be liable and responsible for any leakage or transmission of personal data to unauthorised parties, resulting from omissions in Merchant's data security policies or by other actions or lack thereof by the Merchant or Merchants partners (sub-processors, payment processors).
Customer accounts
The Customer may want to open an account with the App or such can be opened for the Customer by the Merchant.
The Account may be used for continuous identified transactions (orders, bookings, payments) over a period of time (eg. memberships) or in relation with a single order (eg. a hotel booking).
The Customer shall not give any person or entity access to the App in the cases when the access to the App happens via a registered account of the Customer or by the means of credentials provided to the Customer in relation to a particular transaction.
The permission to store personal information and/or ID documents and/or payment methods in such a case is extended until the Customer’s account is active. If the Customer wants to cancel their account prematurely, the Customer shall contact the Merchant directly.
It shall be a sole responsibility of the Merchant to terminate the account at the latest moment of a) after the service or membership in relation to which the account was opened expires or is fully delivered, b) all payments due are successfully processed and all pending guarantees are released according to the terms of purchase; or c) until the Merchant has legitimate right to keep storing such ID documents.
Prohibited actions
The Customer shall not use the App if the Customer is under 18 years of age or in case the Customer is not allowed or entitled to use the App to interact with the Merchant.
The Customer or any 3rd party shall not use the App by the means of any automated program, expert system, electronic agent or “bot”.
The Customer shall not provide fraudulent or untrue personal information when asked to submit such.
The scraping of the Content of the App by any third party is prohibited.
The Customer shall not act in a fraudulent, illegal, malicious or negligent manner when using the App.
Intellectual property
Clock holds all intellectual property rights over the App.
The Customer and any 3rd party accept and agree that it shall be a sole responsibility of the Merchant to ensure that the Merchant holds all intellectual property rights or a permission from their holder of all materials, published as part of the Content.
If a 3rd party claims that any material, part of the Content, infringes their intellectual property, trade marks or copyrights, the said 3rd party shall notify Clock in writing, where the notice shall contain an identification of the protected content, which is claimed to be infringed, an evidence that that material has been protected and the contact details of the owner the content, which is claimed to be infringed.
Closing regulations
Clock reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time, by using the App the Customer accepts the modification.
The effective date of the present Agreement is February 1st, 2022.
Legal and contact details
Merchant’s contact details shall be available from the “Merchant” link, available on the graphical user interface of the App. The Customer agrees that the completeness and the correctness of the Merchant legal and contact details shall be a sole responsibility of the Merchant.
Clock’s contact details shall be: Klok AD, 5th Floor, Building B8, Business Park Varna, Varna, 9000, Bulgaria, VAT #: BG207049288, hello@clock-hs.com