One by DerbySoft Terms of Service

These terms of service (these “Terms”) govern your access to and use of the DerbySoft One hotel service platform (the “One by DerbySoft Platform”), which is owned and operated by DerbySoft (Shanghai) Co. Ltd (“DerbySoft”, “we” or “us”), including any content, functionality and services offered on or through the One by DerbySoft Platform, or remotely through any DerbySoft applications, so please read them carefully before using the One by DerbySoft Platform.

By using the One by DerbySoft Platform, you agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by reference.

You also represent that you are of legal age to form a binding contract with DerbySoft and are not barred under any applicable laws from doing so. If you are subscribing to the One by DerbySoft Platform on behalf of an organization, you represent and warrant that you have the authority to bind the organization to these Terms, in which case the term “you” shall refer to both you and the organization. If you do not meet these requirements, you must not access or use the One by DerbySoft Platform.

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the One by DerbySoft Platform thereafter. Your continued use of the One by DerbySoft Platform following the posting of revised Terms means that you accept and agree to the changes. As we will be continually improving the One by DerbySoft Platform and adding more features, you are expected to check this page each time you access the One by DerbySoft Platform so you are aware of any changes, as they are binding on you.

1. Subscribing to the One by DerbySoft Platform

To obtain access to the One by DerbySoft Platform, you must register with DerbySoft and become a One by DerbySoft Platform subscriber.

When you register as a One by DerbySoft Platform subscriber, you will be asked to provide certain registration details, including payment/billing information, and (if you represent an organization) information about your organization. By providing any information about yourself or your organization, you represent and warrant that all the information you provide to us is accurate, current and complete. You agree that all information you provide to us, whether as part of your registration or through the One by DerbySoft Platform or otherwise, including through the use of any interactive features of the One by DerbySoft Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Subscriptions to the One by DerbySoft Platform will be on a month-to-month basis. You may terminate your subscription at any time; however, no amounts that have been paid for the One by DerbySoft Platform will be refundable. DerbySoft may terminate your subscription for cause as provided in these Terms. Any termination of your subscription by either DerbySoft or you may be communicated via either (i) email or (ii) a phOne conversation followed up with a confirmatory email for documentation purposes.

As a subscriber, you authorize DerbySoft to charge you for all payments due for the One by DerbySoft Platform (e.g., to the credit card or debit card you provided when you registered).

We reserve the right to withdraw or amend the One by DerbySoft Platform or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the One by DerbySoft Platform or any portion is unavailable at any time or for any period. You are responsible for (i) making all arrangements necessary for you to have access to the One by DerbySoft Platform (e.g., providing your own equipment and internet connection and paying any internet access fees) and (ii) ensuring that all persons who access the One by DerbySoft Platform through your internet connection are aware of these Terms and comply with them.

When you register with DerbySoft to obtain access to the One by DerbySoft Platform, you will receive an ID and password as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the One by DerbySoft Platform or portions of it using your ID or password. You agree to notify us immediately of any unauthorized access to or use of your ID or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any ID, password or other identifier at any time if, in our opinion, you have violated any provision of these Terms.

2. Intellectual Property Rights

The One by DerbySoft Platform and its entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by DerbySoft and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the One by DerbySoft Platform for your own personal and organizational purposes only. You are granted a limited, non-transferable, revocable license to use the One by DerbySoft Platform, subject to these Terms and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the One by DerbySoft Platform, except as follows:

  • Your computer may temporarily store copies of the One by DerbySoft Platform materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download One copy of a reasonable number of pages of the One by DerbySoft Platform for your own personal or business use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal or business use, provided you agree to be bound by any applicable end user license agreement for such applications.

You must not:

  • Modify copies of any materials obtained from the One by DerbySoft Platform.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the One by DerbySoft Platform.
  • Access or use any part of the One by DerbySoft Platform other than for purposes of receiving the One by DerbySoft Platform services.

If you wish to make any use of material on the One by DerbySoft Platform other than as set out in this section, please address your request to support@dsOne.com.

No right, title or interest in or to the One by DerbySoft Platform or any content on the One by DerbySoft Platform is transferred to you, and all rights not expressly granted are reserved by DerbySoft. Any use of the One by DerbySoft Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

3. Trademarks

The DerbySoft name and logo are trademarks of DerbySoft. You must not use this name and logo without the prior written permission of DerbySoft. All other names, logos, product and service names, designs and slogans on the One by DerbySoft Platform are the trademarks of their respective owners.

4. Permitted and Prohibited Uses

You may use the One by DerbySoft Platform only for lawful purposes and in accordance with these Terms. You agree not to use the One by DerbySoft Platform in any way that violates any applicable federal, state, local or international law or regulation.

You also agree not to:

  • Use the One by DerbySoft Platform in any manner that could disable, overburden, damage, or impair the One by DerbySoft Platform or interfere with any other party’s use of the One by DerbySoft Platform.
  • Use any robot, spider or other automatic device, process or means to access the One by DerbySoft Platform for any purpose, including monitoring or copying any of the material on the One by DerbySoft Platform.
  • Use any device, software or routine that interferes with the proper working of the One by DerbySoft Platform.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the One by DerbySoft Platform, the server on which the One by DerbySoft Platform is hosted, or any server, computer or database connected to the One by DerbySoft Platform.
  • Attack the One by DerbySoft Platform via a denial-of-service attack or a distributed denial-of service attack.
  • Attempt to bypass methods DerbySoft may use to prevent or restrict access to the One by DerbySoft Platform.
  • Otherwise attempt to interfere with the proper working of the One by DerbySoft Platform.

5. Reliance on the One by DerbySoft Platform

The information presented on or through the One by DerbySoft Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. DerbySoft shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the One by DerbySoft Platform. DerbySoft disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the One by DerbySoft Platform.

6. Termination

You have the right to terminate your One by DerbySoft Platform account with DerbySoft at any time by contacting us at support@dsOne.com. Upon termination of your account, your user information will be removed from the One by DerbySoft Platform and the One by DerbySoft Platform will no longer be available to you. DerbySoft may terminate your account or your access to all or part of the One by DerbySoft Platform for any violation of these Terms.

7. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that content available via the One by DerbySoft Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and for maintaining a means external to our website and the One by DerbySoft Platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DSOne PLATFORM, OUR WEBSITE OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO OUR WEBSITE.

YOUR USE OF THE DSOne PLATFORM, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE DSOne PLATFORM IS AT YOUR OWN RISK. THE DSOne PLATFORM SERVICES, THEIR CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS 5 AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. NEITHER DERBYSOFT NOR ANYOne ASSOCIATED WITH DERBYSOFT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE DSOne PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER DERBYSOFT NOR ANYOne ASSOCIATED WITH DERBYSOFT REPRESENTS OR WARRANTS THAT THE DSOne PLATFORM SERVICES, THEIR CONTENT, OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPOneNTS OR THAT THE DSOne PLATFORM SERVICES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

DERBYSOFT AND ALL PARTIES ASSOCIATED WITH DERBYSOFT HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Limitation of Liability

IN NO EVENT WILL DERBYSOFT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DSOne PLATFORM SERVICES OR ANY RELATED CONTENT, SERVICES OR FEATURES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless DerbySoft, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the One by DerbySoft Platform, including, without limitation, any use of the content, services, and features of the One by DerbySoft Platform, other than as expressly authorized in these Terms.

10. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with New York law except for its conflicts of laws principles.

11. Waiver and Severability

No waiver of these Terms by DerbySoft shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of DerbySoft to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

12. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and DerbySoft with respect to the One by DerbySoft Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the One by DerbySoft Platform.

13. Miscellaneous

You may not assign any of your rights in these Terms, and any such attempt is void, but DerbySoft may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the One by DerbySoft Platform. DerbySoft and you are not legal partners or agents; instead, our relationship is that of independent contractors.

14. Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the One by DerbySoft Platform should be directed to: info@dsOne.com

Updated: March 2016

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