USA Hostel Hong Kong - Official Site (www.usahotel.com.hk)
IMPORTANT! THIS IS A BINDING LEGAL AGREEMENT (this "Agreement"). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
I. This web site and the related web sites contained herein (collectively, the "Site") make available information on hostel, other transient stay facilities, venue-hire and other travel-related or consumer goods and services that are owned, and/or managed by USA Hostel Hong Kong, other affiliate companies, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors and/or other third parties ("Partner Companies") or by third parties. This Agreement governs your use of the Site and is between USA Hostel Hong Kong (referred to herein as "we", "us", or "our") and you, on behalf of you and (if any) the customer, buyer, member or supplier for which you have registered ("you" or "your").
1. The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the products and services offered by the Site are not available to minors (i.e. those under the age of 18 or the age which is considered a minor in your jurisdiction). If you cannot form legally binding contracts under applicable law, click here to leave the Site and do not use the Site. You must be eighteen (18) years of age or older to reserve a room on this website. If you are under the age of eighteen, you should contact the hostel directly for assistance.
2. You may only use this Site to make legitimate reservations in accordance with our Reservation Terms and Conditions [insert link] and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand. You may not use the Site in any manner that could damage, disable, overburden, or impair any of our servers, or networks, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorised access to the Site, other accounts, computer systems or networks connected to any server, through hacking, password mining or any other means.
III. INTELLECTUAL PROPERTY
All intellectual property rights, materials and information contained in the Site, wherever in the world subsisting, and whether registered or unregistered (including without limitation all copyright, patents, design rights, trademarks, service marks, trade names, logos and trade dress) (together "Intellectual Property"), are proprietary to us. You may print individual content from the Site on paper (but not photocopy it) only for the purpose of making use of the Site. You may not use or frame by means of any techniques or method to enclose any of our Intellectual Property or other proprietary information (including images, text, page layout, or form for any purpose) without our prior express written consent.
IV. LINKED THIRD PARTY WEBSITES
1. You should be aware that when you are using the Site it includes links to other websites that are beyond our control ("Third Party Sites"). We provide such links for your convenience and information purposes only. The inclusion of these links is made in good faith but in no way indicates that we are endorsing, sponsoring or recommending such sites or the materials disseminated by or products or services provided by them, and we are not responsible for them in any way. Any concerns relating to a Third Party Site should be directed to its respective site administrator or web master.
2. Third Party Sites include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. We do not control these sites and they may send their own cookies to you, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.
3. We make no representations and give no warranties concerning the content of Third Party Sites (including those listed in any of the Site's directories).We cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site.
4. We reserve the right to disable links from any third party sites to the Site at any time.
5. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Indemnified Parties with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
6. To the extent that our site acts as the venue for suppliers to sell products and services (or, as appropriate, solicit offers to buy) and buyers to purchase such products and services, we are not involved in the actual transaction between buyers and suppliers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction. All merchandise sold will be subject to the relevant vendor's terms and conditions of sale.
1. Electronic transmissions, including the internet, are public media, and any use of such media is public and not private. You should bear this in mind if you need to provide us with any secret or confidential information.
2. YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT, INFORMATION, SERVICES, PRODUCTS AND MATERIALS IN THE SITE ("PROVIDED ITEMS") ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE PROVIDED ITEMS IN THE SITE OR ANY SITE LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
3. WE DO NOT WARRANT THAT THE SITE OR PROVIDED ITEMS CONTAINED IN THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE PROVIDED ITEMS OR THE SERVERS THAT MAKE THE SITE OR PROVIDED ITEMS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Site will be free from infection, viruses and/or other harmful code. You are responsible for taking sufficient precautions and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
5. We are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters.
6. If for any reason any portion of the Site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the reasonable control of USA Hostel Hong Kong which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Site, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any member, buyer or supplier (and all of your and their information) from using the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof and void such information.
7. We may prohibit you from participating in or utilising the Site if in our sole and absolute discretion you show a disregard for this Agreement or act in an in appropriate manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion.
8. You also agree that we are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or therefrom
9. No oral advice or written correspondence or information provided by us or any of the Indemnified Parties will create a warranty of any kind and users should not rely on any such information or advice.
10. "Search" and "Directory" services may be offered on the Site as free services. Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in any search or directory service offered in connection with the Site.
11. The Site may contain technical inaccuracies or typographical errors or omissions. USA Hostel Hong Kong is not responsible for any typographical, photographic, technical or pricing (including without limitation mistaken hostel rates) errors listed on our Site.
12. We reserve the right at any time and without notice or liability to make changes, corrections and/or improvements to the Site and/or restrict or refuse access to the Site and Provided Items to anybody. We further reserve the right to seek any form of relief, including without limitation attorneys' fees, related to fraudulent or illegal activity connected with the use of the Site.
1. You hereby agree to indemnify, defend and hold us and our hostel and its owners, partners, subsidiaries, affiliates, franchisees and each of such person's or entities' officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permitees and employees (collectively, the "Indemnified Parties") harmless from and against any and all actions, liability, proceedings, losses, allegations, demands, claims, liabilities, damages, expenses, fines, penalties or costs of whatsoever nature (including legal fees on an indemnity basis) and whether by reason of death of or injury to any person or loss of or damage to any hostel or otherwise ("Claims") arising out of or in any way connected with this Agreement, including without limitation in relation to your acts, omissions or breaches under it, the Provided Items provided to you by us or in connection with the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of USA Hostel Hong Kong or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law).
VII. LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall we be liable for any loss of profits, cost of cover, direct, indirect, incidental, special, reliance, consequential or punitive damages that result from the use of, or the inability to use, the Site or the Provided Items or arising out of your access to, or inability to access, the Site or your reliance upon, the Site or the, provision of, or failure to provide the Provided Items, or any damages whatsoever resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability (including negligence). In addition, we have no duty to update the Site or the contents thereof.
In the event we are held liable for any damages in connection with the Site or the provided items, your sole and exclusive remedy will be limited to reimbursement by us of the price paid by you for services or products which were not provided by us. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.
Notwithstanding any other provision of this agreement, we do not attempt to exclude or limit our liability for death or personal injury resulting from our negligence in any way.
By utilising the site, all users acknowledge and agree that the indemnified parties are released, discharged and held harmless from and are not responsible or liable for any liability with respect to all aspects of the site (including without limitation, any illness, losses, litigation, personal injury, death, property damage, and claims based on publicity rights, defamation, or invasion of privacy, reasonable attorneys' fees and court costs) that may occur from use of the site or the acceptance, possession, use or misuse of information, materials, services or products related thereto or acquired therefrom. We reserve the right at any time and without liability to restrict or refuse access to the Site and its services, content, materials and functions to anybody. We further reserve the right to seek any form of relief, including without limitation attorneys' fees, related to fraudulent or illegal activity connected with the use of the Site.
In the case when we are not involved in the actual transaction between buyers and suppliers, if applicable, in the event that you have a dispute with one or more users, you hereby fully and forever release and discharge the Indemnified Parties, from any and all claims, demands, actions, agreements, obligations, costs, fees, expenses, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or suspected which have existed or may have existed, or which do exist or which hereafter can, shall or may exist, based on any facts, events or omissions occurring from any time on or prior to the execution of this Agreement which arise out of, concern, pertain or relate in any way to this Agreement or the Site. You acknowledge and agree that by reason of this Agreement, and the release contained in this section of this Agreement, you are assuming any risk of unknown facts which may bring a claim. Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms.
XIX. JURISDICTIONAL ISSUES
The products and/or services described in and available through the Site may not be available in your country. We make no representation that the services or products offered in the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws. If use of the Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorised to view or use the Site and must exit immediately. Your viewing and/or use of the Site constitutes your representation that you are unconditionally and without limitation permitted to view and use the Site and the Indemnified Parties may rely upon such representation.
X. ACCESS AND INTERFERENCE
This Site is to be used by you for your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from USA Hostel Hong Kong has been granted. You agree that you will not use this Site for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, you agree not to create a hypertext link from any web site controlled by you or otherwise, to this Site without the express written permission of USA Hostel Hong Kong . You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of USA Hostel Hong Kong or any third party that provides services related to this Site.
You will not use any automatic device or manual process to monitor or copy the Site or the contents or information (including the Information) contained therein without our prior express written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without our prior express written consent or the appropriate third party.
The information you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
XI. NO AGENCY
You and USA Hostel Hong Kong are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
XI. GENERAL PROVISIONS
1. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your solicitation of offers to purchase and/or sell products and/or services. This Agreement shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the terms of this Agreement shall be filed only in Hong Kong SAR and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
2. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
3. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as otherwise set forth herein.
4. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition hereof.
5. No waiver shall be binding unless executed in writing by the party making the waiver.
6. You agree that you will execute and deliver to us, in recordable form if necessary, such further documents, instruments or agreements, and shall take such further action, that may be necessary or appropriate to effectuate the purposes of this Agreement.
7. We may assign or subcontract any or all of our rights and obligations under this Agreement.
8. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes. Please print and retain a copy of this Agreement, as it may be changed from time to time, for your records.