Terms and Conditions

Namastay

TERMS OF USE

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Last update : July 2022

1. Who we are 

Namastay (hereinafter "Namastay", "We" or "Us") is a French société par actions simplifiée with a share capital of 10.002€ whose registered office is located 37 rue des Mathurins, 75008 Paris and which is registered with the trade and companies register of Paris under number 903 014 363.  

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We provide hoteliers with a fast and intuitive direct online booking and payment software solution, allowing their guests to book their rooms and other ancillary services directly on the hotel's website (the "Booking Tool"). 

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Namastay's publishing director is Frédéric Robles and We can be contacted at support@namastay.io or at +33 7 56 79 94 52

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The Booking Tool's hosting service provider is Google Cloud France SARL  whose registered office is located at  8 Rue de Londres, Paris 75009, France. 

2. What is the purpose of these Terms of Use? 

This agreement (the "Terms of Use") is entered into between Namastay and any user of the Booking Tool or person having access to it (hereinafter "You", "Your" or "Yours").

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The Terms of Use govern Your use of the Booking Tool and its content, including, but not limited to logos, images, data or text that appear or are included in the Booking Tool and Your User Account, as defined below, (the "Content").

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When You use the Booking Tool and the Content, You agree to comply with the Terms of Use. 

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Namastay reserves the right to adapt or modify the Terms of Use at any time, in accordance with French laws.

3. What services does Namastay offer and how can You access them? 

Namastay offers hoteliers the Booking Tool, which is integrated into their website. You may use this Booking Tool to book a room or other services directly with the hotel that You have chosen. 

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Namastay also offers You the possibility to create, via the Booking Tool, a personal account that allows You to consult Your booking history made via the Booking Tool (the "User Account"). 

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You can access Your User Account by a two-factor identification process, requiring the use of Your phone number and Your email address. 

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The use of the User Account is strictly personal and You must not provide access to any third party. Namastay shall not be held responsible for any access to Your User Account by a third party. 

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4. Exclusions of warranties relating to Your use of the Booking Tool 

For the purposes of this clause, "Loss" means any claim, action, proceeding, liability, damage, loss, penalty, fine or interest, costs, expenses and fees, including attorneys' fees, or other costs relating to a legal action.

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Namastay makes no warranties or representations other than those expressly provided in the Terms of Use or by law. In particular :

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• Namastay does not guarantee an uninterrupted access to the Booking Tool or to Your User Account, nor the absence of errors, vulnerabilities, bugs, defects or viruses in the context of Your use of this Booking Tool or of Your User Account. Access to the Booking Tool may be interrupted, without being noticed to You, including due to (i) a maintenance operation on the Booking Tool and/or on the website of the hotel You have chosen, or (ii) an interruption or failure of the Internet network. 
• Namastay makes no warranties or representations regarding the accuracy or completeness of the Content. Namastay shall not be liable for any errors or omissions in the Content, or for any Losses arising from the interpretation, use or operation of the Content or more generally of the Booking Tool, or resulting from decisions made or transactions entered into on the basis of the Content or via the Booking Tool. 

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You acknowledge and agree that :

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• It is Your responsibility to take all necessary measures to ensure that the technical characteristics of Your equipment and Your Internet connection allow the consultation and use of the Booking Tool;
• You must take all appropriate measures to protect Your own data, software and information systems from being affected by viruses;
• You are solely responsible for Your use of the Booking Tool and the Content.

5. Intellectual property 

For the purposes of this clause, "Intellectual Property Rights" means all rights in copyright (including software, source code and object code), databases, trademarks, trade secrets, know-how and all other intellectual property rights of whatever nature, throughout the world, whether or not registered or registrable, including any renewals and/or extensions thereof.

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Namastay is the owner or authorised licensee of all Intellectual Property Rights in the Booking Tool and the Content.

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Namastay grants You a revocable, non-transferable, non-assignable, non-exclusive and free right to use the Booking Tool, exclusively for personal and non-commercial use, for the sole purpose of making reservations, and transactions on the website of the hotel You have chosen, and accessing Your User Account. 

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The Terms of Use do not entail the transfer of any Intellectual Property Rights from Namastay to You.

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Generally speaking, and without this list being considered exhaustive, You agree to :

• not copy, reproduce, transmit nor sell all or part of the Content or the Booking Tool;
• not decompile, disassemble, reverse engineer the Booking Tool nor attempt to do any of the foregoing; 
• not to carry out, nor attempt to carry out, text or data mining or scraping operations, nor to use automated text and data analysis techniques in digital form, in relation with the Content or the Booking Tool.

6. Language 

The Terms of Use are written in both French and English. In case of conflict between the two versions, the French version shall prevail.

7. Protection of personal data 

For more information on Our privacy practices, You are invited to consult the privacy policy accessible at the following address https://www.namastay.io/privacy or in the "Privacy Policy" tab.

8. Divisibility

If any of the provisions of these Terms of Use were to be declared null and void or inapplicable in application of a law, a regulation or following a court decision that has become final, it would be deemed unwritten and the other provisions would remain in force.

9. Applicable law and jurisdiction

The Terms of Use are governed by French law. 

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The parties agree to do their best efforts to resolve amicably any dispute that may arise from the interpretation, execution and/or termination of these Terms of Use.

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Failing this, the parties submit their disputes to the exclusive jurisdiction of the courts of the Paris Court of Appeal.

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