Introduction
Welcome to the Resova website. If you continue to browse or use this website you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms”) which govern our relationship with you in relation to this website. If you disagree with any part of these Terms, please do not use our website.
The term “we” means Resova Limited, a company registered in England whose registered office is 9 Waterside, Sale, Manchester, England, M33 7LQ and company registration number is 9559910 (“we”, “us” and “our” will be construed accordingly). Resova Limited is the owner and operator of the Resova website www.resova.com (the “Website”) and its related websites, services, applications or tools (collectively referred to in these Terms as "Resova").
The term “you” refers to the user of our Website, or to a subscriber to our Services (also referred to in these Terms as a “Customer”).
This Website uses cookies. By using this Website and agreeing to these Terms, you consent to our use of cookies in accordance with the terms of our Cookies Policy and to the use of your information in accordance with our Privacy Policy, which you can find here.
Use of this Website
Unless otherwise stated, Resova owns the intellectual property rights in the Website and all content and material on the Website. Subject to the license below, all these intellectual property rights are reserved.
You may view Website pages, download Website pages and print Website pages, subject to the restrictions set out below and elsewhere in these Terms.
You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of malicious computer software.
If we provide you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential. You are responsible for all activities that occur through your account and you are responsible for ensuring that any persons who have access to your account comply with these Terms.
We may disable your user ID and password at our sole discretion without prior notice, if we believe you are making improper use of the Website.
Use of the Services
Resova provides a cloud-based booking management application and e-commerce platform (the “Platform”), which allows users to make use of certain systems, tools and services provided by Resova through the Website (the “Services”).
In consideration of payment of the Subscription Fees, Resova grants you a limited, revocable, non-exclusive, non-sublicensable license to use the Services for the period of your subscription. All other rights, title and interest in and to, the Services are expressly reserved by Resova. You are not permitted to re-sell or re-license the Services.
We may provide e-signature and storage solutions as part of the Services offered. We do not guarantee or warrant that the e-signature solution will create binding or legally-enforceable contracts in any particular jurisdiction and you are aware that you remain responsible for regularly downloading and retaining copies of all stored documents.
Subscription Charges, Per Location Terms, and Termination of your Account
We charge a subscription fee for the use of our Services. You will find details of these fees on our Website. You agree to pay all fees (including any applicable taxes) related to your use of the Services in accordance with the payment terms set out on the Website.
Per Location Subscription: Each software subscription is valid for one (1) physical location, specifically the address where services are performed. Customers are strictly prohibited from using a single software subscription to represent or serve more than one location based on different service addresses. Any attempt to use the subscription across multiple service addresses may result in the suspension or termination of your account.
If any subscription fees are due for payment and you fail to pay for those services more than one week following their due date, this may result in your account being suspended. Any payment not received within thirty (30) days after the applicable due date shall be considered a default under these Terms which shall entitle Resova to suspend or deactivate your account and your use of the Services. We may not provide advanced notice of suspension or deactivation of your account for late payment.
We may change our fee rates or payment terms at any time. If we do make such changes, we will notify you either through the Website or direct to your contact email. You will be given the opportunity to discontinue use of the Website before any such changes are put into effect.
If you choose to terminate your subscription or if we are forced to terminate your account for non-payment, or for any other reason, you are aware that such action may result in the loss of Your Data. It is agreed that we will not accept any liability for such loss.
You may cancel your subscription at any time by using the cancellation option located in your account settings on our website. Please note that a 30-day notice is required for cancellation, and all subscription fees are non-refundable.
Resova reserve the right to suspend or terminate any Customer account if you breach any of these Terms or for any other reason at our entire discretion.
Customer Support Services
We provide online support services to Customers. You will find details of our support services on our Website.
We reserve our rights to change the terms of our support services at any time, including ceasing any such services.
As part of our support services, we may provide support or discussion forums which allow the submission of text, images, videos or other content by you and other users ("User Content") and the hosting and publishing of such User Content. You understand that whether or not such User Content are published, we do not guarantee any confidentiality with respect to any User Content.
You represent and warrant that:
- you own or have the necessary rights and permissions to use and authorize us to use all copyright, trademark or other proprietary rights in and to any User Content to enable inclusion and use on the Website and in accordance with these Terms; and
- whilst, you retain all of your ownership rights in your User Content, by submitting the User Content to us, you hereby grant us, in addition to any other rights which we may have, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of, display and broadcast the User Content in connection with the Website and our business, including without limitation to grant access to the Website to third parties to view the User Content (and derivative works thereof).
- you will not: (i) submit material that is false or misleading copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Content and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us, our business or any third party; (iii) submit material that is unlawful, obscene, libelous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or (iv) misidentify yourself in submitting the User Content or misstate your true identity.
Any breach of the above warranties will result in the user’s account being immediately terminated and may result in the user becoming liable to legal action.
We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. You understand that when using the Website, you will be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
Copyright and Licence
This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, look, appearance and graphics and all of the educational material available on the Website including lessons, tests and test papers. You are not permitted to copy any aspect of our Website.
You are granted a licence to use the material contained in this Website subject to the restrictions described in these Terms.
Unless otherwise specified in these Terms, no user of the Website is permitted to:
- republish material from this Website (including republication on another Website);
- sell, rent, license, sublicense, lease, distribute, copy, duplicate, publish or reproduce material from the Website and any material or any part thereof for use by any third party (other than providing the materials free of charge to your own students);
- use any material in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable.
If you breach these Terms in any way then the licence granted to you will be automatically terminated upon such breach and we may take such action as we deem appropriate to deal with the breach, including terminating your membership, suspending or prohibiting your access to the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
You must retain, and must not delete or remove any copyright notices and other proprietary notices placed by us on any material.
Data Protection
Subject to these Terms, you will retain all rights to the data you enter on the Platform (“Your Data”). We will not disclose Your Data to any third parties without your prior consent except as required by law or as expressly set forth in these Terms or under our privacy policy which is available here.
You may export Your Data at any time. When your account is closed, Your Data may be deleted and will be no longer be accessible to you.
Security and Hosting
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
However, as you may be aware, all websites are ultimately susceptible to being attacked and/or hacked, no matter what level of protection is put in place. Therefore, we cannot be held responsible in the unlikely event that a security breach occurs.
We do not warrant or guarantee the confidentiality of any communications made through the Platform, that the Platform is compatible with your computer system or that the Platform, or any links therein, will be free of viruses, worms, trojan horses or disabling devices or other destructive or contaminating code.
You accept all of these risks and are responsible for implementing safeguards to protect the security and integrity of your computer system. You are responsible any costs incurred by you as a result of your use of the Platform.
No Warranties
This Website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this Website or the information and material provided on this Website.
The content of the pages of this Website is for your educational purpose and use only and it is subject to change without prior notice.
We do not warrant that this Website will be constantly available, or available at all; or that the information on this Website is complete, true, accurate or non-misleading.
You acknowledge that information and material found or offered on this Website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this Website and the use of this Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations and Exclusions of Liability
To the extent that the Website and the information and services on the Website are provided, our liability to you in relation to the use of our Website or under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will be limited as follows: Resova and its employees, agents and contractors will not be liable to you for any loss or damage of any nature whether arising directly or indirectly from the use of or reliance on information obtained from this Website; Resova and its employees, agents and contractors will not be liable for any consequential, indirect or special loss or damage and will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.
Nothing in these Terms will limit or exclude our liability for death or personal injury resulting from negligence, limit or exclude our liability for fraud or fraudulent misrepresentation or limit any of our liabilities in any way that is not permitted under applicable law. The maximum financial liability of Resova shall in no circumstance exceed the subscription fees paid by the Customer.
By using this Website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use this Website.
Indemnity
If you breach these Terms you will be held fully responsible for any loss suffered by us as result of such breach and will be held accountable for all losses caused or profits gained by you from breaching these Terms.
You agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses) incurred or suffered by us arising out of any breach by you of any provision of these Terms.
Other Websites
This Website may contain links to other Websites that are not under the control of and are not maintained by us. We are not responsible for the content or reliability of the linked Websites. We provide these links for your convenience only but do not endorse the material on those sites.
Waiver
The failure by us to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the right at any time subsequently to enforce all Terms.
Severance
If any provision of these Terms shall be found by any court to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
Variation
We may revise these Terms from time-to-time. Revised Terms will apply to the use of our Website from the date of the publication of the revised Terms on our Website. Please check this page regularly to ensure you are familiar with the current version.
Exclusion of Third Party Rights
These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.
Entire Agreement
These Terms constitute the entire agreement between you and us in relation to your use of our Website, and supersede all previous agreements in respect of your use of this Website.
Jurisdiction and Governing Law
Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Delaware without giving effect to any conflict of law provisions of such state.
Resova Free Plan Terms
These Free Plan Terms apply only to a business that has created a Resova account and selected the Free Plan during sign-up, or that later switches to the Free Plan from its account. They supplement Resova’s Terms of Service at Resova Terms. By selecting the Free Plan and checking the box to accept the Terms of Service, you agree to both on behalf of your business. If the Terms of Service and these Free Plan Terms conflict, these Free Plan Terms control for the Free Plan. Capitalized terms not defined here have the meanings given in the Terms of Service. These Free Plan Terms do not apply to visitors to our website, to customers on any other plan, or to anyone who has not accepted them.
Fees Under the Terms of Service: For the Free Plan, references in the Terms of Service to subscription fees or Subscription Fees include the Booking Fee, including for the purposes of the license to use the Services and the limit on Resova’s liability. The Terms of Service provisions on suspension and default for late payment apply to unpaid Booking Fees.
Payment Authorization: You must keep a valid payment method on file while you are on the Free Plan. You authorize Resova to charge that payment method for all Booking Fees and other amounts due under these Free Plan Terms when they are due, without further authorization.
No Subscription Fee: The Free Plan has no monthly subscription fee. Instead, you agree to pay Resova a booking fee of three percent (3%) of the total value of each booking made through the Platform (the “Booking Fee”). The Booking Fee is a fee for use of the Services. It is separate from, and in addition to, any payment processing fees.
Payments Through SpeedPay: To use the Free Plan, you must process all payments for bookings made through the Platform using SpeedPay, the integrated payments service available through the Platform, and accept ValPay’s terms and conditions during ValPay’s separate onboarding process (the “ValPay Terms”). SpeedPay is provided by Valpay LLC (“ValPay”), not by Resova, and the ValPay Terms alone govern payment processing, including processing pricing, settlement, reserves, refunds, and chargebacks. If you stop processing through SpeedPay or connect to another payment processor, we may move your account to a paid subscription plan or suspend your account.
Who Pays the Booking Fee: You may choose in your account settings whether to:
- cover the Booking Fee yourself, in which case we will calculate the Booking Fee on each month’s bookings and charge it to your payment method on file; or
- pass the Booking Fee to your guests, in which case it is added to the amount your guest pays. You instruct ValPay, under the ValPay Terms, to deduct the Booking Fee from your settlement funds at the time of the transaction and pay it to Resova.
Either way, you remain responsible for paying the Booking Fee.
Booking Fees Charged to Guests: If you pass the Booking Fee to your guests, it is your charge to your guests. You must show it clearly to your guests before they pay, include it in the first price shown where the law requires, apply it in the same way however your guests pay, and not describe it as a card fee or surcharge. You are responsible for complying with all laws and card network rules that apply to fees you charge your guests.
Refunds: The Booking Fee is non-refundable, including where you refund or cancel a booking or a payment is reversed by a chargeback.
Term and Changes: The Free Plan is month-to-month with no minimum term. We will give you at least thirty (30) days’ notice by email before changing the Booking Fee.
Inactive Accounts: If there is no usage of your account for sixty (60) consecutive days, meaning no bookings are made through the Platform and no user logs in to your account, we may deactivate your account. Once deactivated, your account will no longer accept bookings, and you will need to contact us to reactivate it. Deactivation does not by itself close your account or delete Your Data.
Messages: You are responsible for the content of all emails, text messages, and other messages you send through the Platform, and for obtaining any consent required for those messages and honoring opt-outs under applicable law, including the U.S. Telephone Consumer Protection Act, the CAN-SPAM Act, Canada’s Anti-Spam Legislation, the UK Privacy and Electronic Communications Regulations, EU ePrivacy rules, and the Australian Spam Act 2003. We may suspend messaging features if we reasonably believe your messaging does not comply with this paragraph.
Updated Customer Terms: We intend to replace the Terms of Service and these Free Plan Terms with updated customer terms of service. We will notify you by email at least thirty (30) days before the updated terms take effect and may ask you to accept them in your account. If you do not agree, you may cancel the Free Plan before they take effect. If you continue to use the Free Plan after the effective date, you accept the updated terms.
Questions and Comments
If you have any questions regarding these Terms or your use of our Services, please contact us at:
Email: legal@resova.com