Terms of Service Agreement

Read This Terms of Use Agreement Before Accessing or Using digiCheckins Services.

This Terms of Use Agreement sets forth the standards of use for all Privacy Policy. (digiCheckins) software and services. Special agreements between digiCheckins and a third parties can modify or replace these terms if agreed by both parties. By using the services or software created, provided, owned, leased, or otherwise maintained by digiCheckins, Inc., www.digicheckins.com websites and associated software you (the ”User” of the software or service) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage services governed by this agreement. digiCheckins, Inc. and associated software or services reserves the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at digiCheckins, Inc. – www.digicheckins.com websites and associated software and services. Your continued use of the Service after amendments are posted constitutes acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. User defined terms and conditions hosted by digiCheckins websites and associated software cannot and shall not supersede these terms in any case or in any way. User hosted terms can only serve the purpose of defining the terms of use and conditions for products sold by or services provided by the user and for which the user has permission and rights to legally sell or preform.

Terms of Service

digiCheckins software services are provided on a month to month basis. The user may cancel and terminate the service anytime they want.

Description of Service

digiCheckins, Inc. is providing User with host and guest management services i.e. digiCheckins and associated software. User must provide (1) all equipment necessary for their own Internet connection, including a computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees related with such connection.

Disclaimer of Warranties

The website and associated software is provided by digiCheckins, Inc. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, digiCheckins, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website and associated software in terms of its correctness, accuracy, reliability, or otherwise. digiCheckins, Inc. shall have no liability for any interruptions in the use of this website and associated software, digiCheckins, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Limitation of Liability

digiCheckins, INC. SHALL NOT be liable for any damages whatsoever, and in particular digiCheckins, Inc. shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website and associated software or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if digiCheckins, Inc. has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnification

User agrees to indemnify and hold digiCheckins, Inc. its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.

Users Account

All Users of the Service shall receive a password and an account. Users are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. User agrees to notify digiCheckins, Inc. of any unauthorized use of User’s account or any other breach of security known or should be known to the User. User’s right to use the Service is personal to the User. User agrees not to resell or make any commercial use of the Service without the express written consent of digiCheckins, Inc. Payment for the users account will be automatically taken on the last day of each month from the credit card or bank account on file. The charges will be for the number of bookings on the user account on the 30th day of the month. Any additional charges for services, gateway fees, commissions or services ordered or one off setup charges will be charged to the credit card on file. Any invoice discrepancies must be reported to Customer Service ([email protected]) within 30 days of invoice date.

Unpaid charges may result in interrupted service. Chargebacks or reversal of charges will result in Immediate suspension of the account. All outstanding charges and chargeback costs or bank charges must be paid in full before the account will be reactivated. Custom software development and website development must be paid within 30 days or upon completion (whichever comes first) of agreement from commencement date, via verbal or written agreement. Payment will be charged to the card on file. Part or complete data that originates from a third party shall not be transmitted, output to an external party (including, but not limited to software systems and internet data transmission) or processed in any way by a third party. This includes but not limited to data received from travel partners, listing channels, OTA’s or any suppliers connected to the digiCheckins, Inc. network. digiCheckins, Inc. has agreements in place that prohibits the distribution or redistribution of data. Screen scraping and iCal or any form of data copying, transfer, export, replication including but not limited to calendar, rates, images and descriptions is prohibited (contact digiCheckins, Inc. for options). Externally hosted services are not supported. Users consent to provide digiCheckins channel partners with data relating to bookings generated only by the respective partner. This includes but is not limited to reservation data, financials, and guest contact information.

Secure Sockets Layer (SSL)

Secure Sockets Layer (SSL) is the current IT industry standard security technology for establishing an encrypted link between a web server and a browser. This link intends that all data passed between the web server and browsers or other servers remain private and integral. This security protocol is not perfect and has had numerous attacks/vulnerabilities documented. This technology and its use is an attempt at protecting data transmission and it is not a guarantee of security.

All parties shall defend, indemnify and hold harmless digiCheckins, Inc. and its directors, officers, employees, agents, stockholders, affiliates, subcontractors and customers from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to or result from any act, omission, or use of the Secure Sockets Layer.

Feedback

A User hereby grants digiCheckins, Inc. a royalty-free, non-exclusive, perpetual, irrevocable, worldwide, transferable (only to a successor by way of merger, reorganization or sale of all or substantially all assets or equity), sub-licensable license to use, copy, modify, or distribute, including by incorporating into the Hosted Service, any suggestions, enhancement requests, recommendations or other feedback provided by the User as related to any digiCheckins, Inc. product or service, or with respect to digiCheckins, Inc. and it’s related websites and associated software services.

Modifications and Interruption to Service

digiCheckins, Inc. reserves the right to modify or terminate the Service and onboarding plans with or without notice to the User at any time. digiCheckins, Inc. shall not be liable to User or any third party. digiCheckins, Inc. exercise its right to modify or discontinue the Service. User acknowledges and accepts that digiCheckins, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our websites and associated software may be interfered with or adversely affected by numerous factors or circumstances outside of our control. digiCheckins, Inc. may at its discretion allow home owners continued data access to their accounts, in situations such as management companies that have ceased trading, illegal trading, gone out of business, bankruptcy or any other situation that digiCheckins, Inc. determines may cause legal issues of any kind.

Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While digiCheckins, Inc. makes every effort to ensure that the information on this website and associated software is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website and associated software, digiCheckins, Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

Governing Jurisdiction of the Courts Florida

Our website and associated software is operated and provided in the State of Florida. As such, we are subject to the laws of the State of Florida and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website and associated software and other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our website you agree to do so subject to the internal laws of the State of Florida.

Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All content included or available on this website and associated software or any client website, including website design, text, graphics, data, availability data and calendars, interfaces, and the selection and arrangements thereof is copyright (c) 2019 digicheckins.com, with all rights reserved, or is the property of digiCheckins, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the websites and associated software, including reproduction for purposes other than those noted above, modification, distribution, or replication, screen scraping any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of digiCheckins, Inc. is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of digiCheckins, Inc. All other trademarks displayed on digiCheckins, Inc’s. websites and associated software are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, digiCheckins, Inc. (digicheckins.com) designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Email: [email protected]

End User License Agreement

Please read the following terms and conditions before using this software. The use of digicheckins Guest Manager indicates that you accept the terms of this license agreement and warranty. This software can be used by a single user only. It is prohibited to distribute this software, without the written permission or consent of digiCheckins, Inc. This Software is licensed, not sold. You may not decompile, or disassemble this Software or any additional downloadable software in any way or form. If you did not receive this software directly from www.digicheckins.com you may not proceed with installation. In such event, please contact us at www.digicheckins.com By installing this product, you agree to be bound by the following terms: This license is governed by the laws of the United States. Disclaimer of Warranty This Software is provided “AS IS.” NO IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE ARE GIVEN. Good data practice dictates, before installing new software all disks and data should be backed up. ANY LIABILITY OF THE SELLER OR RESELLER WILL BE LIMITED EXCLUSIVELY TO SOFTWARE REPLACEMENT. You are licensed to use the free edition of this software without charge. You are licensed to use the Premium or MC edition of this software for the duration of your license period only if all payments to digiCheckins, Inc. for the usage of this software are paid in full. Unpaid charges will result in the termination of service. Distribution – It is prohibited to distribute this software, without written permission of digiCheckins, Inc. This Software is licensed, not sold. You may not decompile, or disassemble this Software in any way or form. COPYRIGHT – digiCheckins, Inc. maintains title and intellectual property rights to all executables, text and multimedia resources contained in this software.

SYSTEM – All our software is subject to thorough testing prior to distribution. However, our software is optimized to the latest graphics technologies and we cannot guarantee that all system configurations will run our software correctly. We do not accept liability for any damages incurred as a result of our software.

TERMINATION – In breach of these conditions, digiCheckins, Inc. will revoke your software usage rights. In such event, you must remove all installations from your computers.

digiCheckins, inc Website Privacy Statement

Acknowledgment and acceptance of terms – digiCheckins, Inc. is committed to protecting your privacy. This Privacy Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interact with our websites and associated software. By accessing digiCheckins, Inc./www.digicheckins.com, you acknowledge and fully understand digiCheckins, Inc’s. Privacy Statement and freely consent to the information collection and use practices described in this Web site Privacy Statement.

Information We Collect and How We Use It – digiCheckins, Inc. collects certain information from and about its users in three ways: directly from our Web Server logs, the user, and with Cookies. A. Web Server Logs. When you visit our Website, we may track information to administer the site and analyze its usage. Examples of information we may track include: Your Internet protocol address. The kind of browser or computer you use. Number of links you click within the site. State or country from which you accessed the site. Date and time of your visit. Name of your Internet service provider. Web page you linked to our site from. Pages you viewed on the site. B. Use of Cookies digiCheckins, Inc. may use cookies to personalize or enhance your user experience. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web Server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a website, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases website navigation by providing and saving your preferences and login information as well as providing personalized functionality.. digiCheckins, Inc. reserves the right to share aggregated website statistics with partner companies, but does not allow other companies to place cookies on our website unless there is a temporary, overriding customer value (such as merging into digiCheckins, Inc.com a website that relies on third-party cookies). You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Website. C. Personal Information Users Visitors to our web site can register to purchase services. When you register, we will request some personal information such as name, address, email, telephone number or facsimile number, account number and other relevant information. If you are purchasing a service, we will request financial information. Any financial information we collect is used only to bill you for the services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting. We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including: to fulfill your service requests for services. To protect ourselves from liability, to respond to legal process or comply with law, or In connection with a merger, acquisition, or liquidation of the company.

Use of Web Beacons or GIF files digiCheckins, Inc/www.digicheckins.com Web pages may contain electronic images known as Web beacons sometimes also called single-pixel gifs that allow digiCheckins, Inc. to count users who have visited those pages and to deliver co-branded services. digiCheckins, Inc. may include Web beacons in promotional email messages or newsletters in order to determine whether messages have been opened and acted upon. Some of these Web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications. These Web beacons may be used by these service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn which advertisements and emails bring you to our website and how you use the website. digiCheckins, Inc. prohibits Web beacons from being used to collect or access your personal information.

Changes to this Statement – digiCheckins, Inc. has the discretion to occasionally update this privacy statement. When we do, we will also revise the “updated” date at the top of this Privacy page. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this privacy statement and any updates.

Contacting Us – If you have questions regarding our Privacy Statement, its implementation, failure to adhere to this Privacy Statement and/or our general practices, please contact us https://digicheckins.com/contacts/ digiCheckins, Inc. will use commercially reasonable efforts to promptly respond and resolve any problem or question.