TERMS AND CONDITIONS FOR THE CONFERMA REPORTING SITE
of Conferma Limited of 5 Brooks Drive, Cheadle Royal Business Park, Cheadle, Cheshire, SK8 3TD (“Conferma”, which expression shall include any successor or assignee of that Company’s business or any part of it) for use of the Conferma Reporting Site.
Introduction
These terms and conditions (together with the associated privacy statement) govern the use of the Conferma Reporting Site (“the Site”). They are also available on the Site. Conferma may change them from time to time and the version on the Site at any time shall govern. They override any other terms and conditions of the User of the Site.
1. SERVICES
1.1 The use of the Site is restricted to Customers of Conferma who use the service Hotel Booker (“Customers”) and their authorised Travel Managers, Programme Managers/Administrators or Super Users (together referred to as “Users”).
1.2 Access to the Site is obtained through the Internet. Users are responsible for arranging access through the Internet and for all charges incurred by them in obtaining any connection to the Site.
1.3 Users acknowledge that, despite proper protection measures being taken by Conferma, the Internet is not secure and Users agree to take their own steps to ensure security of their data (both in storage and transit) so far as may be achieved, whether through the use of firewalls, encryption of data or otherwise.
1.4 Users agree to follow any recommendations made or requirements of Conferma with regard to the security of their data.
1.5 Minimum Technical Requirements
Conferma expressly points out the following: The minimum technical requirements for the use of Conferma Reporting Site are:
- PC with 64MB RAM
- Internet access by modem or ISDN; minimum of 56kb/sec recommended
- Screen resolution at least 800 x 600
- Able to support encrypted transactions (TLS: 128 bit encoding) in the Internet
- Internet Explorer 7.0 or higher, Google Chrome 8.0 or higher, Mozilla Firefox 1.5 or higher
- Adobe Reader 7.0 or higher.
2. REGISTRATION AND USAGE
2.1 Use of the Site requires authorisation and activation.
2.2 Registration of all Users is a condition of use of the Site.
2.3 A Customer or Customer’s Site Administrator first registers the User with the Site. Such registered Users have access to the services as agreed with the Customer and Customer’s Site Administrator.
2.4 All Users are responsible for informing themselves of the range of services available through the Site and the terms and conditions on which Third parties offer those services.
2.5 Each User has responsibility for informing himself or herself of the requirements of operation of the Site and of complying with those requirements.
2.6 Users agree to inform Conferma immediately if there is any change in their registration data.
3. DATA SECURITY
3.1 Conferma will take appropriate technical and organisational measures to ensure the protection of the data transmitted to it once they are on its servers.
3.2 In the interests of overall security Users agree that Conferma need not specify the steps taken.
3.3 Users agree to maintain proper back-ups of their data.
3.4 Data Protection legislation and our compliance may restrict the availability of some information online.
4. THRID PARTY INTELLECTUAL PROPERTY AND OTHER RIGHTS
4.1 Users agree that they shall not use the Site for the transmission of information in breach of third party rights, whether as to privacy, confidentiality or intellectual property or other legal rights of any description.
4.2 Users agree that in the event of a breach of clause 4.1 they will indemnify Conferma against all claims demands awards damages and consequential costs losses and expenses, including, without limitation, Conferma’ legal costs.
4.3 Breach or suspected breach of this Clause 4 shall entitle Conferma to immediately suspend the use of the Site and/or withdraw services.
5. USER’S OBLIGATIONS
5.1 Users agree not to disclose their password(s) to anyone.
5.2 Users agree to change their passwords frequently and to take all reasonable steps within their power to prevent unauthorised access to their data, and to the Site and the use of the services by unauthorised persons.
5.3 The use of the Site is exclusively for the User’s own business travel purposes. Any form of use whether commercial or otherwise for any other purpose is not permitted.
5.4 Users agree not to breach the criminal laws of any jurisdiction in which their use of the Site takes place nor the Criminal laws of any jurisdiction to which Conferma is subject or the criminal laws of any jurisdiction in which the servers on which the Site is provided are located at any time.
5.5 Users agree not to use the Site for the recording or dissemination of illegal or offensive obscene defamatory or immoral material or material which offends good taste nor to express or disseminate views which are or are likely to be found to be offensive.
5.6 Users agree not to use the Site or the Services accessed through it intentionally:
5.6.1 To impersonate any other person (real or fictional);
5.6.2 To store or transmit personal data about other persons without their consent or lawful authority;
5.6.3 For the transmission of any data infected by any virus or Trojan or malicious software of any kind; or
5.6.4 To harass or annoy or cause nuisance or inconvenience to any other person;
5.7 Users agree to abide by the terms of any restrictions placed on their use of the Site by any relevant Site Administrator or Customer.
5.8 Customers and Site Administrators agree to inform Users of all internal restrictions and guidelines on use of the Company Account, the Site and any services which are accessed through it.
5.9 Conferma shall have the right to suspend or terminate use of the Site or any Service in the event of a breach by any User of clause 5 and Users agree to indemnify Conferma against all claims demands awards damages and consequential costs losses and expenses, including, without limitation, Conferma’ legal costs which arise out of any breach.
6. GUARANTEES AND LIABILITY
6.1 Conferma does not guarantee the availability or operation of the Site or any Service accessed through it.
6.2 User shall have no claim against Conferma arising out of the unavailability of the Site or any service accessed through it.
6.3 Conferma does not guarantee and has no responsibility for the acts or omissions of any third party providing services that are accessed by any User through the Site.
6.4 Conferma has no responsibility for any goods or services provided to Users or agreements for such goods and services by any third party.
6.5 Conferma does not guarantee the accuracy of and shall have no liability for any errors or omissions in the information on or accessed through the Site.
6.6 All contracts made between Users and third parties shall not involve Conferma in any liability and use of the Site is at the Users’ risk.
6.7 Nothing in these terms is to be interpreted as relieving Conferma from any liability for or limiting damages for death, personal injury or the fraud of its employees.
6.8 Conferma shall not be liable for any loss of or damage to Users’ data including all forms of communication.
6.9 Conferma shall not in any circumstances be responsible for economic losses, direct, indirect or consequential.
6.10 Conferma shall not be liable for the acts or omissions of any third party not under its direct Control.
6.11 Users accept the risks of and Conferma shall have no liability for loss of misdirection of or corruption of data that is caused in or by the use of the Internet or email.
6.12 Conferma shall have no liability to any User for the disclosure by Conferma to any legal or regulatory authority (or authorities) of any data provided such authority has legal justification and grounds for requiring or having access and Users agree to Conferma releasing data to such authorities without notification to Users whether such release is initiated by Conferma or the authorities.
6.13 Conferma shall have no liability for any loss or damage arising as a result of any software.
6.14 Conferma has no responsibility to ensure that hardware and software used by the User in connection with the Site is compatible or suitable and no guarantee is given that any configuration of hardware and/or software shall continue to be compatible.
6.15 Conferma shall have no liability for the curtailment or withdrawal of services or the Site at any time.
6.16 Conferma shall not be responsible for the failures of any third party whether to supply goods and services as ordered by the User or at all and such contracts are made between the User and such Third Party alone.
6.17 Conferma shall not be responsible for the misuse of the Site, passwords or the services by any person.
6.18 Conferma does not guarantee the data shall be available at any time or that it will remain intact and uncorrupted.
7. ACTS OF GOD AND FORCE MAJEURE
7.1 Conferma shall not be liable for the consequences of any act of God or force majeure (which, for the avoidance of doubt (without limitation) includes all acts omissions and events and circumstances that are beyond Conferma’s control).
8. DATA PROTECTION ACT 1998
8.1 Conferma will process Users’ personal data in accordance with the Data Protection Act 1998 and all subsidiary legislation.
8.2 Users agree not to transmit or arrange to be transmitted any person’s personal information to Conferma in breach of the Data Protection Act 1998 and Users are responsible for collecting all consents necessary and for ensuring that their processing of such data (including, without limitation) the transmission of that information by them to and from Conferma to the User and or its Customer is in accordance with all relevant data protection legislation. The Customer shall indemnify and hold Conferma harmless against and from the consequences of any failure to do so.
8.3 “Process” and “processing” in this clause has the meaning given to that word under the Data Protection Act 1998.
9. PROVISION OF SOFTWARE
9.1 Any software provided to the Customer for its use in connection with the Portal is provided under the terms of the separate software licence.
10. GENERAL
10.1 No User shall have the right to assign transfer or grant any rights under this agreement.
10.2 The laws of England and Wales shall govern these terms and conditions. The English Courts shall have jurisdiction over any dispute between Conferma and any User.
10.3 No act or omission by and nothing said by anyone on behalf of or by Conferma shall be interpreted as a waiver of any of its rights unless specifically stated in writing by Conferma to be so intended.
10.4 No waiver shall affect the operation of the same clause or prevent Conferma exercising the same rights at any time in the future.
10.5 In the event that any clause or part of a clause in these terms and Conditions is found by any Court of law to be void illegal or unenforceable it shall be severed from these Terms and Conditions and the rest of the clause and these terms and conditions shall continue to bind the parties.
10.6 Conferma may alter these Terms and Conditions in any way at any time.
10.7 Conferma may subcontract the provision of services software or the provision of the Portal to any person firm or company at any time.
10.8 The mention in these Terms and Conditions of a specific right for Conferma shall not be read as restricting or excluding any other rights Conferma may have whether under these Terms and Conditions or the general law and all such rights are exercisable alone and in conjunction with any other rights.