Terms and Conditions of Use
1. Acceptance of the Website Terms and Conditions of Use
1.1 These Terms and Conditions of use for PRICEPOINT Application and Website constitute a legal agreement and are entered into by and between you (hereafter, “User”, “you”) and Xenia AI Software Inc., the company that operates PRICEPOINT Services, Application and Website (hereafter, “PRICEPOINT“, “Company,” “we,” “us,” “our“).
1.2 The following Terms and Conditions, together with any documents or additional terms expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use of, including any content, functionality, and services offered on or through pricepoint.co (hereafter, the “Website”) and on, or through, PRICEPOINT Mobile Application (hereafter, the “Application”) that can be found on the Apple Store and Android Play Store.
1.3 PRICEPOINT services aims to facilitate hotel management by providing hotels, hostels or any other types of hospitality establishments (hereafter “Hospitality establishment”) with a fully automated revenue management system. The Application can automatically update the prices (hereafter the “Price Recommendation”) on the Hospitality establishment Property Management System (hereafter “PMS”), on its Channel management system software (hereafter “CM”), on online sales channels such as Online Travel Agencies (“OTA”) and on the Hospitality establishment own Website (hereafter, the “Services”). As such, PRICEPOINT offers “Business to Business” (“B2B”) services and not “Business to Consumer” (“B2C”) services. The Services, the Website and the Application are intended to and can only be used by businesses, business representatives and business owners only. The Website mainly provides information about PRICEPOINT and PRICEPOINT’s Services and Application. The Website also proposes educational materials aimed at Hospitality establishment.
BY USING THE WEBSITE, THE APPLICATION OR THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT https://pricepoint.co/privacy-policy/, INCORPORATED HEREIN BY REFERENCE. ANY USER MUST CONSENT TO THE COLLECTION, USE, COMMUNICATION AND RETENTION OF THEIR PERSONAL INFORMATION AS DESCRIBE IN THESE TERMS AND CONDITIONS AND IN THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE, THE APPLICATION OR ANY OF OUR Services.
1.4 By accessing and using the Website, the Application, or the Services, you represent and warrant that you are an individual over the age of 18 years old or a corporation, firm, partnership or other duly organized legal entity and are legally able under applicable law to form a binding contract with PRICEPOINT and meet all of the foregoing eligibility requirements. When you access or use the Website, the Application or the Services for a business, organization, or other legal entity, you represent and warrant that you have the legal authority to bind such entity and you grant all authorizations, permissions, and licenses to PRICEPOINT under these Terms and Conditions.
1.5 Any corporation, firm, partnership or other duly organized legal entity that use our Services warrants to be duly organized and in compliance with the applicable laws.
2. Access and use
2.1 Any User and its Authorized agent must read and accept the present Terms and Conditions before using the Services, the Application, or the Website.
2.2 Users can access and use the Application and Services by following one of two procedures. User can either: (a) create its own account by himself or herself manually or (b) let PRICEPOINT create its account on his or her own behalf.
(a) If the User choose to create his or her own account by itself manually, User will be required to give information by filling up a form. User will also have to accept these Terms and conditions and the Privacy Policy to use or access the Application and Services. User will be presented with the option to try the Services by using a trial (hereafter, the “Trial”) which will permit the use and access of the Application and Services for free for a limited time.
(b) Alternatively, PRICEPOINT can create the account on behalf of User. To do so, User will be invited to share information with PRICEPOINT that PRICEPOINT will use to set up the account. With User’s consent PRICEPOINT will access User’s PMS, CM or OTA and evaluate what would be the recommended optimal prices of User’s Hospitality establishment. User will then be presented with the price and account details and will receive an invitation invited by email inviting him to access and use his or her account. To access and use the Application or the Services, the User need to accept the invitation, login to his or her account, enter his or her name and approve and consent to these Terms and Conditions and the Privacy Policy. No account will be enabled until the User has accepted the invitation and approved and consented to these Terms and Conditions and the Privacy Policy. Only then can the User start the Trial.
2.3 User agrees to provide true, current, complete, and accurate information as required by any registration form to which PRICEPOINT, the Application or the Website may direct you. User agrees to update such information as soon as possible should any information changes.
2.4 At the end of the Trial period, or should the User wish to skip the Trial and immediately pay PRICEPOINT to use the Application and Services, the User will have to pay fees to PRICEPOINT as specified in article 5 of these Terms and Conditions in order to continue to access and use of the Application and Services. Subject to these Terms and Conditions and the payment of the fees as specified in these Terms and Conditions, PRICEPOINT will provide User with an online access which will allow him or her to access and use of the Services and the Application.
2.5 PRICEPOINT grants the User of the Application or the Services, a limited, non-exclusive, non-transferable right to allow his or her authorized employees, agents, or contractors (collectively, the “Authorized agents”) to access and use the Services for his or her own internal business purposes. User is responsible for any action, omission, use or misuse of the Website, Application or Services committed by his or her Authorized agents.
2.6 User is responsible for providing himself or herself and its own Authorized agents with an internet connection as well as currently supported browsers and any necessary equipment or hardware needed to access the Services.
2.7 User may only create a single account per property. In the event of discovery that multiple accounts have been created without a justifiable reason by the same User, all User’s accounts shall be terminated, and the User will not be refunded. Any account may only be used by its User and its Authorized agents.
2.8 User may terminate his or her account at any time by sending an email to [email protected].
3. Security
3.1 While the Services are intended for businesses, it is possible that User will provide PRICEPOINT with personal information. PRICEPOINT use physical, electronic, and administrative measures designed to secure the personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. PRICEPOINT policies relating to the protection and uses of personal information can be found here https://pricepoint.co/privacy-policy/.
3.2 However, the safety and security of information also depend on each Users. Users are responsible for obtaining and protecting their own access to the Services. Users are required to ensure that all Authorized agents that access and use the Account are aware of these Terms and Conditions and comply with them. Any obligations mentioned in the present Terms and Conditions that are applicable to Users are also applicable to its Authorized agents.
3.3 Should User be asked to submit personal information or any other form of confidential information of any other person than himself or herself, it is your responsibility to ensure that you can legally transfer or communicate this information to PRICEPOINT under applicable law. Users are prohibited from submitting any personal information belonging to someone under 18 years old.
3.4 Unfortunately, the transmission of information via the Internet is never completely secure. Although PRICEPOINT does its best to protect User’s personal information, PRICEPOINT does not, and cannot, guarantee the security of personal information transmitted to our Website and our Services. Any transmission of personal information is at Users own risk. PRICEPOINT is not responsible for the circumvention of any privacy settings or security measures contained on the Website.
3.5 Any username, password, or any other piece of information submitted by User, or provided to User as part of our security procedures, must be treated as confidential, and User must not disclose it to any other person or entity that User hasn’t identified as his or her Authorized agents. User must exercise caution when accessing his or her account from a public or shared computer so that the computer, proxy servers or any person are not able to record this information.
3.6 User is fully responsible for all activities that occur in his or her account. User agrees to immediately notify PRICEPOINT of any unauthorized use of his or her password or username or any other breach of security in his or her account by sending an email at this address [email protected]. Note that User may be held liable for losses incurred by PRICEPOINT or any other person due to someone else using your account or password. User may not transfer or assign your account.
3.7 Users are responsible for any handling or mishandling of his or her information on his or her Users are responsible for any password misuse or any unauthorized access.
3.8 Users and their Authorized agents are prohibited from attempting to circumvent and from violating the security of the Website and of the Application, including, without limitation:
(a) accessing content and data that is not intended for Users;
(b) attempting to breach or breaching the security or authentication measures which are not authorized;
(c) restricting, disrupting or disabling service to users, hosts, servers, or networks;
(d) illicitly reproducing TCP/IP packet header;
(e) disrupting network services and otherwise disrupting the PRICEPOINT ability to monitor or properly analyze the Services, the Application or the Website;
(f) collect without consent any personal information or information about other Users or persons, including any e-mail;
(g) probe, scan, test the vulnerability of or breach the authentication measures of the Website or the Application or related networks or systems;
(h) using any robot, spider, or other automatic device, process, or means to access the Website or the Application for any purpose, including monitoring or copying any of the material on the Services, the Website or the Application;
(i) circumvent our robot exclusion files, robots.txt rules or other measures we may use to prevent or restrict access to the Website, the Application or the Services;
(j) introducing in the Website, the Application or the Services any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(k) attacking the Website, the Application or the Services via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing;
(l) gain access to another User’s account or compromise the use of the Services and Website of other Users;
(m) interfere with or disrupt the performance of the Website, the Application or the Services or the data contained therein;
(n) otherwise attempting to interfere with the proper working of the Website, the Application or of the Services; or
(o) cause or permit any of your Authorized agents or any other party to do any of the foregoing.
4. User Data
4.1 As between User and PRICEPOINT, User owns all rights, titles, and interest to the specific data and information about the User, its accounts and its Authorized agents that were submitted, processed, communicated by, or stored by User and its Authorized agents using the Services (hereafter, the “User Data”).
4.2 To the extent permitted by applicable laws, User and its Authorized agents hereby grants to PRICEPOINT a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, transferable license to use, copy, reproduce, adapt, combine with other data, edit and reformat, generate, store, retain, disclose, distribute, maintain a database of, and make derivative works based upon User Data exchanged under these Terms and Conditions.
4.3 User Data is stored on PRICEPOINT’s Customer Relationship Management Software and is used to process agreements between the User and PRICEPOINT, to provide, monitor and improve the Application, the Services and the Website and ensure the operation, performance, and improvement of the Application. To the extent permitted by applicable laws, the User Data can also be used for marketing purposes such as sending promotions and offers to Users or past Users.
Hotel Performance Data
4.4 As between User and PRICEPOINT, User owns all rights, titles, and interest to the specific data and information on his Hospitality establishment(s), and its Authorized agents submitted, processed, communicated by, or stored by User and its Authorized agents using the Services (hereafter, the “Hotel Performance Data”).
4.5 Hotel Performance Data is used by PRICEPOINT to provide the Services and ensure the operation, performance, and improvement of the Application. Hotel Performance Data is stored by PRICEPOINT for the duration of the trial period and for as long as a User continue to pay for Pricepoint’s Services. Hotel Performance Data is automatically removed in the three (3) months that follows the termination of the Services. Notwithstanding the foregoing, if the Services are terminated and the User requests the immediate removal of his or her Hotel Performance Data, then, to the extent permitted by applicable laws, we will comply with the User’s request within a reasonable time.
Booking Data
4.6 PRICEPOINT ask User to offer certain information related to the use of their hospitality establishment (hereinafter, the “Booking data”). The information collected is:
(a) The check-in dates ;
(b) The check-out dates ;
(c) The room rented;
(d) the occupation rates of the establishment;
(e) the guests’s nationality;
(f) The amount they paid ;
(g) The booking method (e.g. website used to book the services, by phone…);
(h) Trip purposes;
(i) The booking date; and
(j) Whether or not a booking was for a group.
4.7 Any Booking data that could constitute personal information of guests of the hospitality establishment are de-identified and will not be retained by PRICEPOINT. PRICEPOINT will keep the any Booking data collected from a User following the termination of his or her User account or the cessation of PRICEPOINT Services towards the User.
Common obligation
4.8 Users are responsible for providing true, current, complete, and accurate User Data and Hotel Performance Data. Under no circumstances can PRICEPOINT be held liable or responsible for a User or its Authorized agents use of User Data or Hotel Performance. Under no circumstances can PRICEPOINT be held liable for any damages resulting from incomplete, false, expired, or inaccurate User Data or Hotel Performance Data.
Other Data
4.9 To the extent permitted by applicable laws and the Privacy Policy, PRICEPOINT owns the information, data, documents, and any other output results generated by queries, data feeds, and any use of and access to the Services by User (hereafter, the “Results”) to provide and improve the Services, the Application or the Website and owns all aggregated forms of User Data or Results as part of PRICEPOINT’s services offerings to Users.
4.10 PRICEPOINT also collects data from any Website’s visitors. The data is collected automatically and serves to ensure the connection to the Website and to monitor visitors use of the Website. PRICEPOINT also uses data collected from the Website for statistical and technical purposes, to evaluate the traffic on the Website and to improve its performance. Cookies are used to collect some of this data. For information about the personal information, we collect from the Website visitors, you can consult our Privacy Policy available here https://pricepoint.co/privacy-policy/ .
4. 11 Should a User Data constitute personal information and should a discrepancy between the Privacy Policy available here https://pricepoint.co/privacy-policy/ and this article 4 exists, the Privacy Policy takes precedence.
5. Fees
5.1 In consideration and payment for use of the Services, the User must pay the license price according to PRICEPOINT price list disclosed here https://pricepoint.co/pricing or here https://pricepoint.co/pricing-europe/ or a quote accepted by User and PRICEPOINT. Please note that fees will vary depending on the location your Hospitality establishment(s). Different fees apply to hotels and hostels. Applicable taxes (value-added tax, sales tax, municipal taxes, etc.) shall be added to the fees mentioned in the selected license. Users must pay the applicable fees and taxes the latest before the beginning of the next (or first) billing cycle or by the due date indicated in the invoice provided by PRICEPOINT.
5.2 PRICEPOINT offers each User a free 30-dayTrial of the Services. User can cancel the trial at any time with no penalties. After the Trial, in order to continue using the Services or the Application User will have to choose to pay one of the licenses as mentioned in section 5.1 or a quote accepted by User and PRICEPOINT. Should PRICEPOINT not receive any payment, PRIECPOINT can stop providing its Services and access and use of the Application to the User. A single Trial is offered per User.
5.3 PRICEPOINT can charge the applicable Fees from User credit card or bank account at the end of every billing cycle or use different payment system available to the license chosen by the User. For more information, please consult the details of PRICEPOINT price list as mentioned in section 5.1. or the details of the quote accepted by User and PRICEPOINT.
5.4 Any User that hasn’t paid the full amount of applicable fees at the end of its billing cycle automatically and immediately in breach of these Terms and Conditions. In such circumstances, PRICEPOINT can suspend or terminate the Services or the account of the User in accordance with article 12.
6. Intellectual Property Rights and Ownership
6.1 User and Authorized agents understand and agree that the Website, the Application, the Services, and their entire contents (and any and all developments, modifications, and derivative works), features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by PRICEPOINT, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, oral rights, patent, trade secret, and any other proprietary rights (hereafter, the “Intellectual Property”). Except as otherwise explicitly provided, all Intellectual Property relating to the Application, the Website and the Services is owned, controlled, or licensed by PRICEPOINT. Copying or use of any Intellectual property is strictly prohibited unless authorized by the present Terms and Conditions. Nothing herein shall be construed as granting by implication, or otherwise any license or right to use PRICEPOINT’s name, trademark or trade name on the Application, the Website or the Services or any information displayed or contained therein except as expressly authorized by these Terms and Conditions or with the prior written permission of PRICEPOINT. Nothing herein shall be construed as granting or transferring by implication, or otherwise rights, title, or interest in the Intellectual Property to the User or to Authorized agents.
6.2 PRICEPOINT may use third party trademarks owned by other entities on the Services. Such trademarks shall remain the intellectual property of their respective third-party owners.
6.3 PRICEPOINT hereby grants to User a limited, non-exclusive, non-transferable license to use PRICEPOINT Intellectual Property for that User’s and Authorized agents’ use of the Website, Application and Services and solely for purposes of the use of the Services in accordance with these Terms and Conditions.
6.4 User may print, copy, and internally distribute program documentation, user manuals, product technical manuals, and other information (either provided by PRICEPOINT or made available by PRICEPOINT on its Website or Application) describing the operation and use of the Services if and as available (hereafter, the “Documentation”). The Documentation must be used for User’s internal business purposes only and may only be copied on the condition that User replicates all copyright and other proprietary rights notices contained in the original copy of the Documentation. Any Documentation and any copies made are the property and must be treated as the confidential information of PRICEPOINT.
6.5 The Website, the Application, the Documentation, and the Services constitute protected copyrighted material and valuable trade secrets of PRICEPOINT. Accordingly, the User will not:
(a) authorize or permit the use of the Website, Application, Services or Documentation by other persons than its Authorized agents;
(b) sublicence, lease, rent, loan or otherwise transfer to any third party the right to access and use the Website, Application, Services or Documentation;
(c) use or access the Website, Application, Services or Documentation for the purpose of building a competitive product;
(d) copy, frame, modify or create any derivative works of the Website, the Application or the Services (or any component, part, feature, function, user interface, or graphic thereof) or Documentation, except with the prior written consent of PRICEPOINT, or to the extent such restriction is prohibited by applicable law;
(e) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Website, the Application or the Services is compiled or interpreted;
(f) use the Website, the Application and the Services as part of a time-share, cloud services, or service bureau or on a hosted basis for User’s or Authorized agents’ own services’, website or application;
(g) perform or disclose any benchmark or performance tests of the Website, the Application or the Services without PRICEPOINT prior written consent;
(h) perform or disclose any security testing of the Website, the Application or the Services or associated infrastructure without PRICEPOINT’s prior written consent including, but not limited to, network discovery, port, and service;
(i) remove or modify any program markings or any notice of PRICEPOINT’s or its licensor’s proprietary rights;
(j) use the Website, the Application or the Services in violation of applicable laws;
(k) send or store infringing, obscene, threatening, or otherwise unlawful or tortious material, including material that violates privacy rights on the Website or the Application;
(l) attempt to gain access to the Website, to the Application or to the Services or its related systems or networks in a manner not set forth in the applicable Documentation; or
(m) cause or permit any to Authorized agents or any other party to do any of the foregoing.
7. Terms and conditions applicable for Apple and Android Devices
7.1 The following terms apply when the User access the Service via the Application that has been obtained from either the Apple Store or Google Play (each an “App Distributor(s)”).
7.2 The license granted is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
7.3 PRICEPOINT is responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and the User acknowledges that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
7.4 In the event of any failure of the mobile application to conform to any applicable warranty, User may notify the applicable App Distributor, and the App Distributor, in accordance with its Terms and Conditions, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
7.5 User represents and warrants that nor itself nor any of its to Authorized agents are:
(a) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and
(b) listed on any U.S. government list of prohibited or restricted parties;
7.6 User must comply with applicable third-party terms of agreement when using the mobile application; and
7.7 User acknowledges and agrees that the App Distributors are third-party beneficiaries of the Terms and Conditions in this mobile application license contained in these Terms of Use and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against User as a third-party beneficiary thereof.
8. Limitations and restrictions on the use of the Application, Website and Services
8.1 When using or accessing the Application, the Website or the Services, Users and Authorized agents must not:
(a) violate these Terms and Conditions;
(b) violate the terms of use of any third-party website that is linked to the Website or the Application;
(c) publish, transfer or upload any information on the Application or Website that might violate third-party rights such as, but not limited to, third party’s intellectual rights or copyrights;
(d) upload or transmit any message, information, data, text, software or images or any other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise objectionable or that may violate the privacy or publicity rights of another person;
(e) create a false identity in order to deceive others or impersonate any other person;
(f) upload or transmit unsolicited commercial email, advertising or promotional materials, “spam” or “junk mail,” “chain letters,” or engage in “pyramid schemes” of commercial sales or solicitation;
(g) violate any applicable law;
(h) upload or transmit any material that infringes any copyright, trademark, trade secret or other intellectual property right; or
(i) perform any other act that, in our judgment, misuses the services offered by the Application, the Website or the Services and negatively impact our image.
8.2 PRICEPOINT reserves the right to take appropriate legal action to address any actual or suspected violations of these Terms and Conditions. User hereby agrees to reimburse PRICEPOINT for any damages, losses, costs or expenses incurred by PRICEPOINT (including fees or expenses of attorneys, accountants, professional advisors and other experts incurred in connection with the defense or settlement of the foregoing) as a result of User wrongful use of the Application for a purpose that is unlawful, prohibited or contrary to these Terms and Conditions.
9. Indemnification
9.1 To the fullest extent permitted by any applicable law, User agrees to release, defend, indemnify and hold PRICEPOINT and its affiliates, including, but not limited to, PRICEPOINT officers, directors, employees and agents, harmless from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, legal and accounting fees, arising out of or in any way connected with :
(a) any violation of these Terms and Conditions;
(b) User improper use of the Website, the Application or the Services;
(c) User interaction with any other user, information or photos posted by User on the Website, the Application or the Services;
(d) User violation of any law, regulation or third party right; and
(e) any federal, provincial, municipal, or other tax liability or amount owing under any tax regulation, statute, by-law, or order.
9.2 User grants PRICEPOINT the exclusive right to defend and control any matter subject to indemnification by User hereunder. All rights and indemnification obligations hereunder shall survive the termination of these Terms and Conditions.
10. Limitation of Liability of PRICEPOINT
10.1 To the extent permitted by law, PRICEPOINT assumes no responsibility and shall have no liability for the continuous and error-free operation of the Services, of the Website or of the Application. It does not warrant and shall have no liability for the accuracy, completeness, or usefulness of any information presented on the Website or on the Application, nor does it warrant the accuracy, completeness, or usefulness of any Results, Prices, outputs, or outcomes produce by its Services, Website or Application. To the extent permitted by law, PRICEPOINT assumes no responsibility and shall have no liability for any inability of a User or its Authorized agents to access the Services, the Application, or the Website nor for any unauthorized access to the Services, the Application or the Website or misappropriation of information contained on the Services, the Application or the Website by any third party.
10.2 TO THE EXTENT PERMITTED BY LAW, THE SERVICES, THE APPLICATION AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND AT THE USER’S SOLE RISK, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY RESULTS, PRICING OR PRICE recommendation PRODUCED BY THE SERVICES OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL PRICEPOINT BE LIABLE FOR ANY PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA OR ECONOMIC LOSS, REGARDLESS OF THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, AN ACTION IN CONTRACT OR TORT) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, RELIANCE ON OR DISPLAY OF INFORMATION CONTAINED ON THE APPLICATION. EXCEPT WHERE PROHIBITED BY LAW, THE MAXIMUM LIABILITY OF PRICEPOINT FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED to AN amount equivalent to one month of service prior to THE claim. FOR GREATER CLARITY, THIS MEANS THAT IF THE USER OPTED TO PAY AN ANNUAL FEE TO PRICEPOINT, THEN THE MAXIMUM LIABILITY OF PRICEPOINT FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT OF A TWELFTH OF THE AMOUNT THE USER WOULD PAY TO PRICEPOINT AS ITS ANNUAL FEE.
10.3 PRICEPOINT will not be liable for or be considered to be in breach of or default under the Terms and Conditions on account of, any delay or failure to perform as required by the Terms and Conditions as a result of any unforeseeable and irresistible event, including external causes with the same characteristics.
11. Modifications to the Terms and Conditions
11. 1 PRICEPOINT reserves the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon arrival of the effective date of the change mentioned in the written notice mentioned in article 2 and apply to all access to and continued use of the Website, of the Application or of the Services.
11.2 Before making any change to the terms of the Terms and Conditions, PRICEPOINT will provide User with a written notice thirty (30) days prior to the effective date of such change to these Terms and Conditions, containing only the new or changed provision and the prior version and effective date of the change provided, of course, that PRICEPOINT has the email address of the User.
11.3 If User does not agree to any of the modifications, User must terminate his or her account, stop accessing the Website or the Application and no longer use the Services. In the event of a modification to the Terms and Conditions in accordance with the foregoing, PRICEPOINT will not be liable for any loss or damage arising therefrom, and no compensation will be due to User because of any such modification or termination.
11.4 PRICEPOINT reserves the right to correct any typographical errors in these Terms and Conditions without sending the prior notice identified in 2. PRICEPOINT shall have no liability or continuing obligation to any User by reason of any typographical error.
11. 5 Any changes to these Terms and Conditions will be posted on the Website.
12. Termination
12. 1To the extent the Terms and Conditions apply to the Application and the Services, these Terms and Conditions shall be effective upon the start of the Service and remain in effect as long as the User receives the Service.
12. 2 To the extent the Terms and Conditions apply to the Website, these Terms and Conditions shall be effective upon the use of the Website.
12.3 Any User can terminate these Terms and Conditions by asking to terminate its account by sending an email to [email protected] or filling a termination request within their account. User may terminate the service before the end of the billing cycle . The Services will be automatically cancelled at the end of the billing cycle and no new invoice will be issued. However, User must first settle all outstanding charges up to the end of the current or past billing cycle
12.4 In the event the Laws of the Province of Quebec (Canada) apply, the User expressly waives its right to unilaterally terminate this contract as provided for in Article 2125 and 2129 of the Civil Code of Quebec and understands that should he or she unilaterally terminates these Terms and Conditions, it needs to pay the amount mentioned in article 3.
12.5 In the event that a User is in breach of these Terms and Conditions, PRICEPOINT shall become entitled, without prejudice, to terminate the User account, the Services or restrict the access of the Visitor or User and its Authorized agents to the Website or Application partially or completely. At its discretion and without prejudice, PRICEPOINT can partially or completely suspend the use or access to the User account and of the Services for this User until remedy of said breach.
12.6 Upon termination:
(a) Users must immediately settle all due fees and payments incurred up through the effective date of termination.
(b) The Prices Recommendation will promptly disappear and cease to update. The Prices Recommendation displayed in Pricepoint and in any connected third-party platforms will be promptly replaced with static, flat, and seasonal prices called “Based rate”. Users will no longer have access to the Prices Recommendation or the Services upon termination of their account.
(c) PRICEPOINT will delete the User’s Account by the end of the billing cycle.
(d) To the extent permitted by applicable law and the Privacy policy https://pricepoint.co/privacy-policy/ , PRICEPOINT will keep all Results and User Data for the purposes and uses described in section 4.
12.7 PRICEPOINT can terminate these Terms and Conditions, terminate the account or refuse to provide the Services or access to the Website or Application in the event that the User fails to settle due fees in accordance with these Terms and Conditions, loses its operating license, becomes insolvent voluntarily or involuntarily, becomes bankrupt or postpones bankruptcy, or becomes subject to assignment of the trustee, composition with creditors or similar procedures, or ceases its operations permanently or switches to a materially different area of operation, or disposes of its assets wholly or substantially.
12.8 In the case where the Services are offered as a free trial, the Services will automatically terminate at the end of the free trial period unless the User communicates its payment details to PRICEPOINT. User will be notified of this possibility towards the end of the free trial period.
12.9 Termination shall be effective upon communication by PRICEPOINT of the confirmation of termination through the Application, the Website or by e-mail.
12.10 Provisions in these Terms and Conditions that by their nature are intended to survive the termination of these Terms and Conditions will so survive, including, but not limited to the following sections: Data, Fees, Intellectual Property Rights and Ownership, Indemnification, Limitation of Liability of PRICEPOINT and Other dispositions.
13. Other dispositions
13.1 If any part of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, such part shall be treated as if it did not exist (or construed, if possible, in such a way that it is enforceable) and the remaining provisions shall continue in full force and effect.
13.2 PRICEPOINT reserves the right to make visual or functional modifications to the Services from time to time for the purpose of maintaining or improving security, ensuring optimal performance, meeting standard industry business requirements, and adding or improving functionality. PRICEPOINT reserves the right to make such changes without prior notification to User. No such change will materially reduce the functionality of the Services.
13.3 These Terms and Conditions will be interpreted in accordance with the laws applicable in the Province of Quebec (Canada). To the extent permitted by law, any dispute arising out of any matter relating to these Terms and Conditions may only be brought in a court of competent jurisdiction located in the judicial district of Montréal, Province of Quebec (Canada).
13.4 These Terms and Conditions are a binding contract and constitute the entire agreement between PRICEPOINT and Users whether oral or written, relating to the subject matter hereof; are intended as the parties’ final expression and complete and exclusive statement of the terms hereof. These Terms and Conditions supersede all prior or contemporaneous agreements, representations, communications, and understandings, whether written or oral; and may be amended or modified only by an instrument in writing signed by both parties.
13.5 Users may not assign their rights or benefits arising from their adherence to the Terms and Conditions or from their use of the Application, the Website, or the Services.
13. 6 Unless otherwise specified in these Terms and Conditions, any notice to PRICEPOINT shall be given to PRICEPOINT by one of the following proposed means by email to the following address: [email protected].
13.7 Any notice to you will be provided by you through the Application or given via the email address or postal address you provided to PRICEPOINT when you created your account.
13.8 Should User become aware of any misuse of the Website, Application or Services including libellous or defamatory conduct, User must report it to PRICEPOINT at [email protected].
If User has any questions regarding the Website, the Application or these Terms and Conditions, User can contact PRICEPOINT by email at [email protected].