Acceptance of Terms through Use
Pollenbee Limited is company registered in United Kingdom. We provide various solutions to companies in the finance and hotel industry. Our products include software’s for lending, deposits, supply chain finance, leasing, factoring, P2P platform, crowdfunding and cloud based booking solutions for hotels for providing channel managers, booking engine, cloud front desk application. We provide our services also through Pollenbee LLC in Kosovo, owned fully by Pollenbe Limited UK.
Platform is the online platform that enables Customers to make reservations and/or online booking from Suppliers.
Listing means a Specific Service that is listed by a Supplier as available for booking through the Platform.
Customer means you or any other end user who requests a Specific Service through the Services.
Specific Services means the reservations and online booking services offered by Suppliers.
Services means the Platform and the Websites offered by Pollenbee Limited;
Suppliers means a third party provider of Specific Services such as the hotels, who creates a Listing via the Services.
Use of Services and of Platform
1.1 Pollenbee Limited enables suppliers to create listings of their Specific Services whereas Customers may learn about and book such Specific Services. Pollenbee Limited is not a party to any agreement entered into between Suppliers and Customer, nor is Pollenbee Limited an agent or insurer. We have no control over the conduct of Suppliers, Customers and other users of the Platform or any Specific Services and disclaim all liability in this regard. We have no control over the Specific Services offered by suppliers to customers including the conditions, legality, suitability or fitness for a particular purpose of any Specific Services. Pollenbee Limited is not responsible for and disclaims any and all liability related to any and all Specific Services. Any use of Specific Services will be made at Customer’s own risk.
1.2 Pollenbee Limited is not an operator of any Specific Services, and we do not own, sell, resell, furnish, provide, manage and/or control any hotel. Our responsibilities are limited to: (i) facilitating the availability of the Services and (ii) accepting payments from Customers on behalf of the Supplier.
1.4 In case you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent that you are authorized to enter into an agreement on behalf of that legal entity, and are nevertheless individually bound by these Terms even if we have a separate agreement with such corporation.
1.5 If you choose to enter into a transaction with a Supplier for Specific Services, you agree and understand that you are entering into an agreement with the Supplier and you agree to accept any terms, conditions, rules and restrictions associated with Specific Services imposed by the Supplier. You acknowledge and agree that Pollenbee Limited is not a party to the agreement between you and the Supplier, and that, with the exception of our obligation to transfer the payment hereunder, we disclaim all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Pollenbee Limited is not a party to any agreements between you and the Supplier, Pollenbee Limited facilitates the payment services to the Supplier for the limited purpose of accepting payments from you to the Supplier.
1.6 Upon your payment of the price of the Specific Services to Pollenbee Limited, your payment obligation to the Supplier is fulfilled, and Pollenbee Limited will remit to the Supplier the respective payment. We process payments through a third party PSP (payment service provider). The Listing for a Specific Service specifies the final price (the “Price”).
Ownership and Unauthorized Use
2.1 The Services as well as the content on the Services, including without limitation, text, descriptions, products, software, graphics, all page headers, button icons, scripts, photos, interactive features, services, and all associated intellectual property rights, and any other content on the Services (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us.
2.2 Content in the Services is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services.
2.3 Pollenbee Limited logo, and other Marks are trademarks of Pollenbee Limited or our affiliate’s Marks. All other trademarks, service marks, and logos used on our Services are the trademarks, service marks, or logos of their respective owners. This section shall survive any termination of these Terms.
2.4 You will and you agree to: (i) comply with all applicable laws in connection with your use of the Services. This includes any privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; (ii) provide accurate information to us and update it as necessary; and (iii) act honestly and in good faith.
2.5 You agree not to: (i) Defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others or engage in any other predatory behavior, or incite others to commit violent acts; (ii) use or attempt to use another’s account or create a false identity; duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services except as permitted in these Terms, or as expressly authorized by us; reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (iii) utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services; (iv) remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors’); (v) collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (except if the owner of such information has expressly permitted the same); (vi) share other users’ or third party’s information without their express consent; (vii) infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us; (viii) use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl”, “cache”, “spider” or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (ix) use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (x) access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; (xi) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; (xii) attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services; (xiii) attempt to or actually override any security component included in or underlying the Services; or (xiv) Interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.
Limitation of Liability & Indemnity
3.1 To the maximum extent permitted by law, we, our affiliates and our and their respective officers, directors, employees, licensors, assigns and agents shall not be liable for any loss of money, goodwill, reputation, data, intangible losses, special, indirect, direct, incidental, punitive or consequential damages, that result from (i) the use of, or the inability to use, the Services; (ii) any conduct of any third party on the Services; or (iii) unauthorized access, use or alteration of your transmissions; even if we have been advised of the possibility of such losses or damages. To the fullest extent permitted by law, we do not assume any liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein. In any event and without limiting the generality of this section to the extent permitted by law you agree that our total liability to you for all damages and losses shall not in any circumstances exceed the greater of (a) the aggregate of the amount (if any) paid by you in consideration for the booking associated with such damages and losses, or (b) EUR 100. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
3.2 Pollenbee Limited does not endorse or assume responsibility for any Suppliers or any Specific Services. In addition, although we require Suppliers to provide accurate information, we cannot confirm or verify the terms of each Specific Service. Accordingly, we encourage you to take independent measures to confirm the terms of each Specific Services through the Services.
3.3 Pollenbee Limited will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein. Please note that, as stated above, the services are intended to be used to facilitate the booking of rooms. Pollenbee Limited cannot and does not control the content contained in any listing and the condition, legality or suitability. We are not responsible for and disclaims any and all liability related to any and all listings. Accordingly, any bookings will be made at the traveler’s own risk.
3.4 Pollenbee Limited expressly disclaims any liability that may arise out of disputes between you and the Supplier. In the event of a dispute with the Supplier, you release Pollenbee and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3.5 You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right. This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
4.2 If you book services with a Supplier who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Pollenbee Limited by contacting us with your police station and report number at email@example.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
4.3 We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities or prevent child exploitation; (v) respond to user support requests; or (vi) protect our, our users’ or the public’s rights, property or safety.
4.4 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notification to you.
4.5 These Terms shall be governed and construed by the laws of United Kingdom, without respect to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in London, UK.
4.7 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Pollenbee Limited, UK
All Rights Reserved.
Copyright 2018 www.PollenBeeHotel.com