These Terms are in addition to the Edyn Booking Terms and any other terms that You may enter into with Edyn, such as an Edyn rate agreement which may include supplementary terms to be agreed upon, from time to time, between Edyn and You (“Rate Agreement”) Any capitalised term not defined in these Terms shall have the meaning given to it in the Edyn Booking Terms.
1. Acceptance of Terms
You accept these Terms on behalf of You as a user of the Edyn Booking Portal, and the company you represent as well as the entire party who will stay at the Edyn property.
2. Use of the Edyn Booking Portal
We grant you a non-transferable, revocable, non-exclusive licence to access and use the Edyn Booking Portal subject to these Terms. If considered necessary to protect the integrity and/or security of Our services, We retain the right to deny anyone access to the Edyn Booking Portal at any time, and for any reason including, but not limited to, violation of these Terms.
3. Your Obligations
In using the Edyn Booking Portal, You shall (and procure that Your authorised users shall):-
Comply with these Terms;
Not use the Edyn Booking Portal for any purpose that is unlawful or prohibited by these Terms;
Ensure that all information You provide us with is current, complete and accurate;
Ensure that any access information We provide to You (for example, user identification details or numbers) is kept secure and not provided to any third party;
Subject to 3.6, only use the Edyn Booking Portal to make legitimate business or corporate bookings for You or for another person for whom You are legally authorised to act;
Pre-agree in advance with both Edyn and the company You represent that any bookings made through the Edyn Booking Portal are made for Your personal use or for a combination of business and personal use;
Not interfere or attempt to interfere, by any means, with the proper working of the Edyn Booking Portal;
Except for internal business purposes, not publish, disclose or otherwise make available to any third party any data or compilation of data obtained from the Edyn Booking Portal;
Not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Edyn Booking Portal in any way.
4. Intellectual Property Rights
Unless stated otherwise, the intellectual property rights (including the copyrights) in the contents, information and material on the Edyn Booking Portal (“Material”) are owned by and shall remain vested in Edyn Limited or its suppliers.
Where any intellectual property rights (including copyright) in and to the Edyn Booking Portal and its underlying software (including the look and feel and infrastructure of the Edyn Booking Portal) is owned by a third party, it shall be and remain vested in that third party from whom Edyn has licensed the software in the Edyn Booking Portal from.
Except for the rights specifically granted under these Terms, nothing in these Terms shall be construed as transferring any such rights to You and all rights in the Edyn Booking Portal not specifically granted in these Terms are reserved by Us.
5. Data Protection
We shall not have any liability whatsoever to You or any other person (whether in contract, tort (including negligence) or otherwise for any loss or damage resulting from or in connection with the Edyn Booking Portal or Your use of or inability to use it including without limitation (i) indirect, incidental, special, punitive, consequential or exemplary damages, and (ii) damages (whether direct or indirect) for loss of profits, goodwill, use, data, business opportunity or anticipated saving or other intangible losses.
Subject to 6.1, Edyn’s total liability to You under these Terms and in relation to the Edyn Booking Portal to the extent permitted by law (whether in contract, tort (including negligence) or otherwise) for any direct damages actually suffered, paid or incurred by You in respect of Edyn’s services under these Terms will not exceed the aggregate amount of the aggregate cost of Your reservation as set out in the confirmation email (whether for one event or a services of connected events).
To the extent permitted by law, Edyn explicitly disclaims any condition, warranty or representation that the Edyn Booking Portal will be secure, private, available continuously, or error free, or that any information, software or other Material contained on, or accessible through, the Edyn Booking Portal is true, accurate and up to date, and free of computer viruses or other harmful components.
Neither Edyn, nor any of its agents makes any conditions, warranties or representations of any kind, either express or implied, including, but not limited to, conditions, warranties or representations of completeness, accuracy of information (including but not limited to inaccuracies relating to property descriptions, rates, availability, ratings correctness) title, non-infringement or implied conditions, warranties or representations of merchantability, satisfactory quality or fitness for a particular purpose in relation to the Edyn Booking Portal or any such information, software or Material.
Nothing in these Terms shall exclude or limit any liability for (i) death or personal injury resulting from Our negligence, (ii) fraud or fraudulent misrepresentation or (iii) any other liability that cannot by law be limited or excluded.
You shall indemnify Us against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Us arising out of or in connection with Your breach or negligent performance or non- performance of these Terms.
7. Suspension and Termination
We reserve the right to suspend Your access to the Edyn Booking Portal, without notice to You, if You breach, or authorise, encourage, promote, facilitate or instruct others to breach, these Terms. We also reserve the right to suspend access to the Edyn Booking Portal if it is threatened or impaired in whole or in part, and to modify, remove, block or disable access to any Materials available on or through the Edyn Booking Portal that breaches these Terms. If We suspend Your access to the Edyn Booking Portal and the reason for suspension is not corrected by You within 7 days, We may terminate Your access, in which case We reserve the right to levy a reasonable fee against You for any costs incurred by us arising from such suspension or termination. If any part of these Terms is held unenforceable by a court of competent jurisdiction, the remaining parts of these Terms will remain in full force and effect.
8. Governing Law
These Terms shall be governed by and construed in accordance with English law. The English courts shall have exclusive jurisdiction to settle any dispute or claim (including noncontractual disputes or claims) arising out of or in connection with the Terms or their subject matter or formation.
We reserve the right to replace or modify these Terms at any time. Whenever these Terms are updated, they will be posted on the Edyn Booking Portal and/or an email notification will be sent to You in advance. If You do not agree to these Terms, please do not use the Edyn Booking Portal
Last updated 29/06/22