Terms & Conditions
These Website Terms of Use (“ Terms ”) set forth the terms and conditions applicable to and governing your, the user or customer (“ you ” or “ your ” being interpreted accordingly) access to and use of The Theodore Boutique Hotel website (“ Site ”) and all its content presented by The Theodore Boutique Hotel (“Theodore Boutique Hotel”). By using the Site, and the features and services you are acknowledging that you have read, understand and agreed to these Terms and expressly agree that they form a binding contract between you and The Theodore Boutique Hotel. The site is not targeted at children under the age of 13, and they are not permitted to use the site. If you use the site, you affirm you are at least 13 years old.
1. CHANGES TO THE TERMS
These Terms may change as we continue to evolve our business and the site. If we change these Terms, we will notify you by posting the revised document on this page and such changes will be effective immediately upon that posting. You accept the changes when you use the Site and recommend that you review this page periodically.
These terms were last updated: December 30th, 2019
To the maximum extent legally permitted, you cannot link to or seek to extract data from this Site or re-use any part of this Site or Content for any commercial purpose or use our Trademarks in a way that suggests that you or your business has any endorsement from or affiliation to us.
2. CONTENT
Your use of the Site and its contents including, any text, data, logos, graphics, photographs, images, forms, videos, and other audio/visual materials that you access (“Content”) is subject to these Terms. Any Content that you access on the Site is either owned by us (or third parties who license such Content to us) and is made available only for your own personal use on the condition that you must not republish, post, transmit, edit, adapt, syndicate or distribute any Content without our prior written permission. The name ‘Theo-Sophy’ and ‘The Theodore Boutique Hotel’, and other business names and logos displayed on the Site may be trademarks belonging to us (“Trademarks”).
To the maximum extent legally permitted, you cannot link to or seek to extract data from the Site or reutilise any part of the Site or Content for any commercial purpose or use our Trademarks in a way that suggests that you or your business has any endorsement from or affiliation to us, or in any other way, without our prior written permission (at our sole discretion). No act of downloading or copying from, or otherwise using, the Site, even with our permission, will transfer any title, interest or right to the Site or Content to you. Theodore Boutique Hotel hereby expressly reserve all rights not expressly granted in and to the Site and Content.
3. LINKS TO OTHER WEBSITES
The Site may link to third-party websites from time to time. These links are provided for your convenience only. We do not control third-party websites and are not responsible for their contents or how they operate. Where the Site includes any links to third-party websites, this does not imply any endorsement by us of the goods, services or materials made available on such websites. You acknowledge that (to the maximum extent legally permitted and unless we state otherwise) we shall not be liable in respect of your use of those third-party websites or any purchase you make through them. Theodore boutique hotel will not be liable for any loss or damage arising out of or in connection with your access to, us of or reliance on any third-party sites.
4. USE AND ACCEPTABLE CONDUCT
You must only use the Site for legal purposes in accordance with these Terms and are prohibited from using our Site to engage in any fraudulent activity or in a manner that (in our reasonable opinion) is liable to damage our business or harm other users. Your use of our site is subject to our policies or guidelines that we may communicate to you from time to time.
You also undertake that any personal data and other information you may provide to us when registering or signing up to any services on the Site is complete, accurate and up to date. In relation to any material you submit to us or post on the Site, you undertake to us that either you own this material or have the necessary rights, clearances and or approvals you need to submit or post such material.
Subject to your compliance with these Terms, we give you the limited, non-exclusive, non-transferable, and revocable right to access and use the Site solely for your personal and non-commercial use. However, we do not give you any right to, and you hereby agree not to:
• Use any software robots, spiders, crawlers, or similar data mining, gathering or extraction tools or methods, whether automated, programmed or manual, including without limitation to access, acquire, copy, monitor or make submissions through any portion of the Site.
• Knowingly or intentionally take any other action that may impose an unreasonable burden or load on the Site. Any unauthorized use by you on your computer or personal device, of the Site will immediately terminate the limited rights granted to you under these Terms, and such termination will be without prejudice to any other right or remedy we may have under applicable law or in equity. You agree to compensate us in relation to any third-party legal actions or claims that are made against us and for any associated losses, damages or expenses (including any legal expenses) that we suffer as a result of you breaching your obligations or undertakings in these Terms.
You agree that you will comply with all applicable laws, rules and regulations, and that you will not: Use the Site. for any unlawful purpose; Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company. Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or ( c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication; Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, or contains any personal contact information or other personal information identifying any third party; Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; Harvest or collect information about Site users.
5. INFRINGEMENT CLAIMS
Under the Digital Millennium Copyright Act of 1998 and the Copyright, Designs and Patents Act 1988 (the “Copyright Acts”) if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); ( c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the Copyright Acts at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to info@theodoreboutiquehotel.com
6. OUR LIABILITY
Nothing in these Terms shall exclude or limit our liability for fraud or for death or personal injury resulting from our negligence (or the negligence of our employees or agents) or where applicable law does not permit us to restrict or exclude particular obligations or liabilities.
We strive to offer accurate and current Content, but we cannot and do not guarantee that the Site will always operational, current or accurate. Subject to the above paragraph we do not accept any liability for damage to any computer or device that you use to access the Site or in relation to any loss of data when you use the Site. In addition, we cannot guarantee that any Content you access or download is free from viruses, worms or other malware, and you should check that you have suitable, up-to-date virus or malware protection on your computer or device.
You acknowledge and agree that, to the maximum extent permitted by applicable law, your use of the Site is at your sole risk, and that the Site, and all aspects thereof, are provided on an “as is” and “as available” basis. The Theodore Boutique Hotel makes no representations or warranties, and, to the maximum extent permitted by applicable law, hereby disclaims all representations and warranties, of any kind, express or implied, statutory or otherwise, including without limitation: (1) warranties of merchantability, title, availability, non-infringement or fitness for a particular purpose; (2) warranties that the Site will meet your requirements, or operate with the devices, hardware or software you use; or (3) warranties that your access to and use of the Sitewill be available, uninterrupted, current, or free from inaccuracies, errors, viruses or other harmful components or code; or that any defects or errors will be corrected.
7. INDEMNIFICATION
You agree to defend, indemnify and hold the us harmless from and against any claims, liabilities, losses, damages, costs and expenses (including without limitation reasonable attorneys’ fees), arising out of or in connection with: (1) your access to and/or use of the Site or any portion thereof; (2) your failure to comply with these Terms or with any applicable law, rule or regulation; (3) your infringement, misappropriation or violation of the Site or Content or of any third party’s intellectual property right; or (4) any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without authorization. We will use reasonable efforts to notify you of any claim, action or proceeding subject to the foregoing paragraph once it becomes aware of it, but any failure to provide you with notice shall not limit your indemnification obligations unless you can establish actual prejudice resulted from such failure. We reserve the right, at your expense, to assume the exclusive defense and control of any claim, action or proceeding for which you are required to provide indemnification, and you agree to cooperate with our defense of these claims. You may not settle any claims, actions or proceedings for which you are required to provide indemnification, without our prior written consent.
8. YOUR PERSONAL INFORMATION
We will use the personal information you provide to us in accordance with our Privacy Policy
9. TERMINATION
You may terminate these Terms at any time by ceasing to access and use the Site. Please understand, however, if you subsequently decide to resume accessing and using any of the Site you will again be bound by the then-current Terms. We may terminate these Terms, in whole or in part, at any time and without prior notice or liability to you, for any reason. However, even after these Terms have been terminated, any provision which by its nature is intended to survive, will survive that termination.
10. PRIVACY & SECURITY
How we collect and process your personal data and safeguard your privacy is governed by our Privacy Policy and which forms part of these Terms.
11. PURCHASE OF PRODUCTS OR SERVICES
If you elect to purchase any products or services which we offer to you through the Site this may be subject to new and/or additional terms and conditions which will be notified to you at the time.
12. INVAILIDITY & WAIVER
If any of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply to the maximum extent legally permitted. No waiver of any of these Terms shall be effective unless made in writing by us and a waiver (or non-enforcement) shall not be construed as a waiver of any subsequent breach.
13. FORCE MAJEURE
The Theodore Boutique Hotel will not be responsible and will not pay any compensation where we are preventing or delayed from performing our obligations due to an event beyond our reasonable control, including but not limited to flood, earthquake, mechanical breakdown, IT failure, fire, adverse weather conditions, acts of terrorism, gas, water or other utilities.
14. TRANSFER
We may transfer this agreement to someone else: We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15. DELAY
Even if we delay in enforcing this contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16. GOVERNING LAW
In the event of any dispute between you and us concerning these Terms, the laws of Greece will apply. If you wish to take court proceedings against us, you should do so within Greece, except to the extent that applicable law in your country of residence requires mandatory application of another law and/or jurisdiction and/or language and such requirement cannot lawfully be excluded under these Terms in which case such law and/or jurisdiction and/or language shall apply, as far as legally required.
17. ALTERNATIVE DISPUTE RESOLUTION, ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
If you are located in the United Kingdom or Europe, you may use the following process if you wish to bring a dispute regarding your use of the Site:
Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, and you live in the UK or Europe you may want to refer your matter to RetailADR via their website at https://www.retailadr.org.uk/. RetailADR is approved by the government to provide alternative dispute resolution services. They will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. We do not intend to initiate dispute resolution through RetailADR ourselves, but you are always entitled to do so and if you do lodge a complaint with RetailADR, we will engage with Retail ADR in relation to your complaint. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which you can access at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
If you are located in the United States, the following arbitration provisions shall apply to your use of the Site:
Arbitration Agreement
By using the Site, you and The Theodore Boutique Hotel agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“ Arbitration Agreement ”). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if we initiate arbitration, it shall have the choice as between these two arbitration forums.
We each agree that, except as provided in the definition of disputes below, any and all disputes whether presently in existence or based on acts or omissions in the past or in the future, will be resolved exclusively and finally by binding arbitration rather than in court by a judge or jury, in accordance with this arbitration agreement.
Class Action Waiver
By using the Site you agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving The Theodore Boutique Hotel or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against The Theodore Boutique Hotel. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Definition of Dispute
Except as described below, the term “ Dispute ” in this Arbitration Agreement and Class Action Waiver means any dispute, claim, or controversy between you and The Theodore Boutique Hotel regarding any aspect of your relationship with The Theodore Boutique Hotel, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of these Terms, except for the scope, enforceability and interpretation of the Arbitration Agreement and Class Action Waiver.
However, “Disputes” SHALL NOT include claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable, or any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
How Will the Arbitration Work?
Either you or we may initiate arbitration proceedings. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration and shall in no event be commenced as a representative or class arbitration.
If you or we initiate arbitration, you and we have a choice of doing so before JAMS or the AAA. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. Which particular rules apply in AAA arbitration will depend on the applicable claim. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys’ fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Where Will the Arbitration Be Held?
You can bring the arbitration in either New York or in the state where you live if there is a JAMS or AAA in that state. In the event that we initiate an arbitration, we will only do so in the state where you live before either JAMS or AAA, unless there is no JAMS or AAA in your state, in which case we may initiate the arbitration in New York. As set forth in “Governing Law” section above, the arbitrator will apply New York law.
18. CONTACT
If you have any questions about these Terms, you can contact us at info@theodoreboutiquehotel.com