Terms & Conditions

 

1. Introduction

Welcome to Hoist Group website (the “Site”). Hoist Group and its wholly owned subsidiaries are companies in the Hoist Group group (individually and collectively “Hoist Group”, “Us” or “We”). Use of this site and Hoist Group’s network, equipment and associated software (the “Service”) signifies your (the end user, “You” or “Your”) acceptance of these Terms of Use and Your entering into the End User Agreement with Hoist Group.
Hoist Group agrees to provide End User its Services and to grant to You a nontransferable, non-assignable, non-exclusive license to use the appropriate network provided by Hoist Group as part of the Services, from the time of acceptance of these Terms of Use till the expiry of the Services period agreed between You and Hoist Group. Access to the Hoist Group Services is provided subject to the terms and conditions set out below.

2. Privacy

Hoist Group is committed to respecting Your privacy and the confidentiality of Your personal data. You may get access to the Hoist Group Privacy Policy via separate link. The Hoist Group Privacy Policy is incorporated into these Terms of Use by reference. It applies to the use of Your personal data, the traffic data as well as the content contained in Your communication(s).

3. Service and Third Parties

We reserve the right to change, modify, suspend, limit or discontinue parts of our Service, including content licensed by third parties, without notice or liability.

The Hoist Group Site may contain links to third party websites that are not owned and controlled by Hoist Group. Hoist Group has no control over, and assumes no responsibility for, and makes no representation of any kind whatsoever, regarding the content or appropriateness of content on such websites, privacy policies, and accuracy of the information and intellectual properties notices therein or practices of any third party website. Some of these links allow You to use services and products. We do not make any representation or warranties in connection with these services and products, nor does provision of access to those services and products create any liability for Hoist Group. Accordingly, we encourage You to be aware when You leave the Hoist Group Site and to read the Terms and Conditions and Privacy Policy of each other website that You visit.

4. Access to the Hoist Group Site

You may access the Services by a user ID and password. You are responsible for (a) maintaining the confidentiality of the password; and (b) all activities that occur under Your user ID and password. You are liable for all direct losses, damage, costs and expenses suffered by Hoist Group due to the loss, misuse and/or disclosure of Your user ID and password. You must notify Hoist Group Customer Services (as indicated below) immediately of any breach of security or unauthorized use of or in case of a lost of your user ID and password. Please note, however, that we cannot give You a refund if You lose Your personal login data.
Hoist Group offers the Services for activities such as the active use of e-mail, instant messaging, browsing the World Wide Web and accessing corporate intranets. High volume data transfers, especially sustained high volume data transfers, are not permitted. While Hoist Group makes every effort to provision more than enough bandwidth, it cannot guarantee a minimum speed of data transmission for its basic Services. The applicable bandwidth ceilings and floors for your use of the Services are detailed on your log-in page and incorporated into these Terms of Use.
Sharing and disclosing Your password and user ID to any third party, other individual or company is prohibited, unless explicitly permitted in writing by Hoist Group. You may not access the Services using more than one device. Hosting a web server or any other server by the use of the Services is prohibited. You may not access someone else’s account, send unsolicited bulk e-mail, collect other people’s personal data without their knowledge and consent and You may not otherwise interfere with other users’ use of the Services. To prevent abuse of our network by the sending of unsolicited bulk e-mail we do actively monitor and control outbound email traffic. Mails which have been recognized as unsolicited bulk e-mail will be refused. We do not apply this to mails which are sent through a VPN or a connection encrypted with the SSL protocol (SMTP over SSL).
Hoist Group may suspend or terminate the Services at any time, and for any reasonable reason, without notice. Reasons for suspension and termination may include, but are not limited to a) unreasonably excessive use of the Services (including ”spamming” i.e. distribution of unsolicited mass e-mailings which provoke complaints from the recipients, b) abusive or threatening communication or solicitation , and/or c) use of the Services for criminal and/or illegal activities (further detail are set forth in the Privacy Policy which is incorporated by reference into these Terms of Use).
The Services cannot be cancelled by You after use of the Services has begun. You are not eligible for any compensation if You cannot use the Services because (a) there is a general power outage at the location You are attempting to access the Services from; (b) the location is undergoing maintenance; or (c) the Services has been suspended because of a failure outside of Hoist Group’s reasonable control. If, however, the Services is not available for reasons other than (a) – (c) for any period of time during normal business hours due to any failure of Hoist Group, please contact Customer Services for a possible refund or credit of time.
You may not resell this Services or any information provided by third parties in connection with the Services to a third party.

5. Customer Service

Customer Service is available at the chargeable number +44-2080682013 or at hospitality.hotelcare@hoistgroup.com. Toll free customer service is available at some locations at 0-800-014-8475, but note that this number may not be toll-free when made from some mobile phones. Hoist Group will use reasonable efforts to provide uninterrupted access to the Service. Hoist Group will, if practical and possible, perform routine maintenance outside of normal business hours, and will, whenever possible, provide advance notice of maintenance or other suspension of service on www.hoistgroup.com. However, We may modify or temporarily suspend the Service or any part of it without notice to You for emergency technical repair.
When You call the Customer Service your data may be processed outside of the EU: nevertheless We still process Your data in compliance with EU data protection obligations.

6. Intellectual Property Rights

All content and compilation of content included on Hoist Group’s Site, including without limitation, the text, logos, button icons, images, audio clips, digital downloads, software, scripts, graphics, interactive features and the link (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Hoist Group and are protected under international copyright laws.

7. Warranty Disclaimer

You agree that Your use of the Hoist Group Site shall be at Your sole risk. To the fullest extent permitted by law, Hoist Group disclaims all warranties, expressed or implied, in connection with the Site and Your use thereof. Hoist Group makes no warranties or representations about the accuracy or completeness of this Site’s content (licensed or otherwise) or the content of any sites linked to this Site and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of our Site, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from our Site, (e) any bugs, viruses, Trojan horses, or the like which may be transmitted to or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Hoist Group Site. Hoist Group does not warrant, endorse, guarantee, or assume responsibility for an product or service advertised or offered by a third party through the Hoist Group Site or any hyperlinked website, and Hoist Group will not be a party to or in any way be responsible for monitoring and transaction between You and third party providers of products or Services.

8. Limitation of Liability

In no event shall Hoist Group be liable to You for any economic, indirect, incidental, special, punitive, or consequential damages, consequential losses, lost profits, business interruption, information or loss of data, security breach, loss of goodwill or other pecuniary loss whatsoever. To the maximum extent permitted by applicable law, Hoist Group shall not be liable to you for any damages resulting from any (a) errors, mistakes, inaccuracies or incompleteness of content, (b) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of our Site, (c) any unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from our Site, (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Site by any third party, and/or (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of Your use of any content posted, emailed, transmitted, or otherwise made available via the Hoist Group Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Hoist Group is advised of the possibility of such damages.
To the maximum extent permitted by applicable law, Hoist Group’s total liability to You for all damages, losses, and causes of action (whether in contract, tort (including but not limited to, negligence) or claims is limited to the amount paid by You, if any, for using the Hoist Group Services.

9. Indemnity

You agree to defend, indemnify and hold harmless Hoist Group, its business partners, in particular hotels and conference centers as well as any third parties, from and against any and all claims, damages and obligations arising in connection with Your use of the Services and the use of this Services by any other person permitted by You. Specifically, this includes losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) You or a person you authorize using the Services or accessing the Hoist Group Site in such a way to cause damage (b) Your or a person you authorize violating of any term of these Terms of Use; (c) You or a person you authorize violating any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and Your use of the Hoist Group Site.nbsp;

10. General Information

Hoist Group has the right to delete all data, files or other information that is stored in Hoist Group’s computer systems with respect to End User’s account if the Services used by End User are terminated, for any reason, by either End User of Hoist Group. Back-up is the responsibility of End User. Notwithstanding this clause, Hoist Group is obliged to comply with data retention legislation where applicable
Use of Hoist Group Cash Cards is subject to applicable consumer protection law.
Any VAT will be charged as required by the locality You use the Services.
This Site is controlled and operated by Hoist Group for use at specific locations. Those who choose to access the Site and/or the Service remotely from other locations do so at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
By accessing this Site, You and Hoist Group agree that all matters relating to Your access to, or use of, this Site shall be governed by and construed in accordance with the laws of Switzerland, without giving effect to any principles of conflicts of law.
The original English version these Terms of Use may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of these Terms of Use, the English version shall prevail.
Hoist Group reserves the right to revise, amend or modify these Terms of Use at any time and without notice, and it is Your responsibility to review these Terms of Use for any changes.
Hoist Group uses its best efforts to deliver enough bandwidth and is committed to providing You with seamless, high-quality Internet connection. Do not hesitate to contact Us if You need assistance.
0-800-014-8475