1.Your relationship with Reseliva
Your use of Reselivaâ€™s software, services and (referred to collectively as the
â€śServicesâ€ť in this document and excluding any services provided to you by
Reseliva under a separate written agreement) is subject to the terms of a legal
agreement between you and Reseliva. â€śReselivaâ€ť means software services provided by Nivera Bilgi Teknolojileri
Turizm San. ve Tic. Ltd. Sti, whose principal place of business is at Tophane,
BoÄźazkesen Cad. No:23/1 BeyoÄźlu Istanbul, Turkey. This document
explains how the agreement is made up, and sets out some of the terms of that
Unless otherwise agreed in writing with Reseliva, your agreement with Reseliva will
always include, at a minimum, the terms and conditions set out in this
document. These are referred to below as the â€śUniversal Termsâ€ť.
Your agreement with Reseliva will also include the terms of any Legal Notices
applicable to the Services, in addition to the Universal Terms. All of these
are referred to below as the â€śAdditional Termsâ€ť. Where Additional Terms apply
to a Service, these will be accessible for you to read either within, or
through your use of, that Service.
The Universal Terms, together with the Additional Terms, form a legally binding
agreement between you and Reseliva in relation to your use of the Services. It is
important that you take the time to read them carefully. Collectively, this
legal agreement is referred to below as the â€śTermsâ€ť.
If there is any contradiction between what the Additional Terms say and what
the Universal Terms say, then the Additional Terms shall take precedence in
relation to that Service.
Reseliva provides web-based software
solutions, named generally as â€śReselivaâ€ť: Reseliva Online
Programme, a description of which, as generally offered by Reseliva, web-based
module accessible by a dedicated URL, or content providing websites run by Reseliva
or other content providers arranged by agreement with Reseliva, or links and
calendar control boxes installed on the website of the Property (property
â€“hotel, motel, inn, apart, etc. - managed by you), where customers of the
Property can use services provided by the Property through Reseliva, including
but not limited to viewing the Property's room, reservation, availability,
price and rate information, and to booking rooms, by logging in when necessary.
Beyond these software solutions provided
by Reseliva, Reseliva does not act as an intermediary in any way between the
Property and the customers of the Property. The whole responsibility for the
dealings of the Property with customers of the Property is borne by the
The software runs on Servers controlled by
Reseliva. In the context of the Property offering services online, the Property
shall log in to the Property Admin Module under the URL dedicated by Reseliva to
input necessary information such as Property definitions, room availabilities
and prices and to manage customers, and view reservations and customer
messages. The features of Reseliva and the way in which Reseliva operates is
determined by Reseliva. Unless otherwise defined, any new feature that improves
or broadens Services will be part of the Services described here. The Property
acknowledges that the Services are provided â€śas they areâ€ť.
Accepting the Terms
3.1 In order to use the Services, you must
first agree to the Terms. You may not use the Services if you do not accept the
3.2 You can accept the Terms by:
(A) clicking to accept or agree to the
Terms, where this option is made available to you by Reseliva in the user interface for any Service; or
(B) by actually using the Services. In
this case, you understand and agree that Reseliva will treat your use of the
Services as acceptance of the Terms from that point onwards.
3.3 You may not use the Services and may
not accept the Terms if (a) you are not of legal age to form a binding contract
with Reseliva, or (b) you are a person barred from receiving the Services under
the laws of the Republic of Turkey or other countries including the country in
which you are resident or from which you use the Services.
3.4 Before you continue, you should print
off or save a local copy of the Universal Terms for your records.
Language of the Terms
4.1 Where Reseliva has provided you with a
translation of the English language version of the Terms, then you agree that
the translation is provided for your convenience only and that the English
language versions of the Terms will govern your relationship with Reseliva.
4.2 If there is any contradiction between
what the English language version of the Terms says and what a translation
says, then the English language version shall take precedence.
Provision of the Services by Reseliva
5.1 Reseliva may have subsidiaries and
affiliated legal entities around the world (â€śSubsidiaries and Affiliatesâ€ť).
Sometimes, these companies will be providing the Services to you on behalf of Reseliva
itself. You acknowledge and agree that Subsidiaries and Affiliates will be
entitled to provide the Services to you.
5.2 Reseliva is constantly innovating in order to
provide the best possible experience for its users. You acknowledge and agree
that the form and nature of the Services which Reseliva provides may change from
time to time without prior notice to you.
5.3 As part of this continuing innovation,
you acknowledge and agree that Reseliva may stop (permanently or temporarily)
providing the Services (or any features within the Services) to you or to users
generally at Reselivaâ€™s sole discretion, without prior notice to you. You may
stop using the Services at any time. You need to specifically inform Reseliva
when you stop using the Services.
5.4 You acknowledge and agree that if Reseliva
disables access to your account, you may be prevented from accessing the
Services, your account details or any files or other content which is contained
in your account.
acknowledge and agree that while Reseliva may not currently have set a fixed
upper limit on use of any services, featuares or on the amount of storage space
used for the provision of any Service, such fixed upper limits may be set by
Reseliva at any time, at Reselivaâ€™s discretion.
Use of the Services by you
6.1 In order to access certain Services,
you may be required to provide information about yourself (such as
identification or contact details) as part of the registration process for the
Service, or as part of your continued use of the Services. You agree that any
registration information you give to Reseliva will always be accurate, correct
and up to date.
6.2 You agree to use the Services only for
purposes that are permitted by (a) the Terms and (b) any applicable law,
regulation or generally accepted practices or guidelines in the relevant
jurisdictions (including any laws regarding the export of data or software to
and from the Republic of Turkey or other relevant countries).
6.3 You agree not to access (or attempt to
access) any of the Services by any means other than through the interface that
is provided by Reseliva, unless you have been specifically allowed to do so in a
separate agreement with Reseliva. You specifically agree not to access (or
attempt to access) any of the Services through any automated means (including
use of scripts or web crawlers) and shall ensure that you comply with the
instructions set out in any robots.txt file present on the Services.
6.4 You agree that you will not engage in
any activity that interferes with or disrupts the Services (or the servers and
networks which are connected to the Services).
6.5 Unless you have been specifically
permitted to do so in a separate agreement with Reseliva, you agree that you will
not reproduce, duplicate, copy, sell, trade or resell the Services for any
6.6 You agree that you are solely responsible
for (and that Reseliva has no responsibility to you or to any third party for)
any breach of your obligations under the Terms and for the consequences
(including any loss or damage which Reseliva may suffer) of any such breach.
Your passwords and account security
7.1 You agree and understand that you are
responsible for maintaining the confidentiality of passwords associated with
any account you use to access the Services.
7.2 Accordingly, you agree that you will
be solely responsible to Reseliva for all activities that occur under your
7.3 If you become aware of any
unauthorized use of your password or of your account, you agree to notify Reseliva
Reservations at the Property, details of customers, including details of agencies and
companies, member agency details, messages exchanged between the Property and
the aforementioned parties, and customers' Credit Card details are subject to Reseliva's
is not always stored on the Servers, and when it is stored on the Servers, it
is not done so permanently. If the Property has chosen to use an online payment
gateway and this gateway has been integrated with the Property's Booking Engine
upon the request of the Property, Credit Card information will be encrypted and
transmitted to the respective gateway instantly, without being stored on the
Servers. If the Property has chosen to process Credit Cards manually by
key-entering the Credit Card details, these details will be stored on the
Servers until the Property views the details for the first time, at which point
the details will be automatically deleted from the Servers. The Property bears
the whole responsibility for Credit Card details that have been forwarded to
the Property, including storing the details in a safe place and charging
appropriate amounts to Credit Cards when necessary. Reseliva does not act as an
intermediary in any way in the processing of Credit Cards.
Privacy and your personal information
Reseliva does not share any information
concerning the Property with third parties, with the exception of information
intended for viewing by the customer.
Customers booking at the Property, also
become Reseliva members and receive an email regarding this membership.
Customers can log in to the Reseliva Booking Engine of other Properties using
their Reseliva account.
Content in the Services
understand that all information (such as data files, written text, computer
software, music, audio files or other sounds, photographs, videos or other
images) which you may have access to as part of, or through your use of, the
Services are the sole responsibility of the person from which such content
originated. All such information is referred to below as the â€śContentâ€ť.
should be aware that Content presented to you as part of the Services,
including but not limited to advertisements in the Services and sponsored
Content within the Services may be protected by intellectual property rights
which are owned by the sponsors or advertisers who provide that Content to Reseliva
(or by other persons or companies on their behalf). You may not modify, rent,
lease, loan, sell, distribute or create derivative works based on this Content
(either in whole or in part) unless you have been specifically told that you
may do so by Reseliva or by the owners of that Content, in a separate agreement.
reserves the right (but shall have no obligation) to pre-screen, review, flag,
filter, modify, refuse or remove any or all Content from any Service
understand that by using the Services you may be exposed to Content that you
may find offensive, indecent or objectionable and that, in this respect, you
use the Services at your own risk.
agree that you are solely responsible for (and that Reseliva has no
responsibility to you or to any third party for) any Content that you create,
transmit or display while using the Services and for the consequences of your
actions (including any loss or damage which Reseliva may suffer) by doing so.
Content Provided by the Property
does not check the information that is provided by the Property for its
customers through the Property Admin Panel, including but not limited to
Property definitions, prices and availability, and does not guarantee the
accuracy, completeness or authenticity of this information. Reseliva is not
responsible in any way for any harm or loss caused by the inaccuracy,
incompleteness or misrepresentation of content or information provided by the
Property. The Property bears the whole responsibility for the information
provided and the commitments made by the Property to bookers during the booking
process on Reseliva, and will be liable for any harm or loss that might be
caused by this information or commitments.
12.1 You acknowledge and agree that Reseliva (or Reselivaâ€™s licensors) own all legal right, title
and interest in and to the Services, including any intellectual property rights
which subsist in the Services (whether those rights happen to be registered or
not, and wherever in the world those rights may exist). You further acknowledge
that the Services may contain information which is designated confidential by Reseliva and that you shall not disclose such
information without Reselivaâ€™s prior written consent.
12.2 Unless you have agreed otherwise in
writing with Reseliva, nothing in the Terms gives
you a right to use any of Reseliva's
trade names, trade marks, service marks, logos, domain names, and other
distinctive brand features.
12.3 You agree that you shall not
remove, obscure, or alter any proprietary rights notices (including copyright
and trade mark notices) which may be affixed to or contained within the
Unless you have been expressly authorized to do so in writing by Reseliva, you
agree that in using the Services, you will not use any trade mark, service
mark, trade name, logo of any company or organization in a way that is likely
or intended to cause confusion about the owner or authorized user of such
marks, names or logos.
License from Reseliva
13.1 Reseliva gives you a personal, worldwide,
royalty-free, non-assignable and non-exclusive license to use the software
provided to you by Reseliva as part of the Services as
provided to you by Reseliva (referred to as the â€śSoftwareâ€ť
below). This license is for the sole purpose of enabling you to use and enjoy
the benefit of the Services as provided by Reseliva, in the manner permitted by the Terms.
13.2 You may not (and you may not permit
anyone else to) copy, modify, create a derivative work of, reverse engineer,
decompile or otherwise attempt to extract the source code of the Software or
any part thereof, unless this is expressly permitted or required by law, or
unless you have been specifically told that you may do so by Reseliva, in writing.
Unless Reseliva has given you specific written permission to do so, you may not
assign (or grant a sub-license of) your rights to use the Software, grant a
security interest in or over your rights to use the Software, or otherwise
transfer any part of your rights to use the Software.
Content license from you
14.1 You retain copyright and any other
rights you already hold in Content which you submit, post or display on or
through, the Services. By submitting, posting or displaying the content you
give Reseliva a perpetual, irrevocable,
worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify,
translate, publish, publicly perform, publicly display and distribute any
Content which you submit, post or display on or through, the Services. This
license is for the sole purpose of enabling Reseliva to display, distribute and promote the
Services and may be revoked for certain Services as defined in the Additional
Terms of those Services.
14.2 You agree that this license includes
a right for Reseliva
to make such
Content available to other companies, organizations or individuals with whom Reseliva has relationships for the provision of
syndicated services, and to use such Content in connection with the provision
of those services.
14.3 You understand that Reseliva, in performing the required technical
steps to provide the Services to our users, may (a) transmit or distribute your
Content over various public networks and in various media; and (b) make such
changes to your Content as are necessary to conform and adapt that Content to
the technical requirements of connecting networks, devices, services or media.
You agree that this license shall permit Reseliva to take these actions.
confirm and warrant to Reseliva that you have all the rights, power and authority
necessary to grant the above license.
Software which you use may be automatically updated from time to time. These
updates are designed to improve, enhance and further develop the Services and
may take the form of bug fixes, enhanced functions, new software modules and
completely new versions. You agree to receive such updates (and permit Reseliva
to deliver these to you) and permit Reseliva to carry out these updates as part
of your use of the Services.
16. Termination and
Modifications of the Contract
Terms will continue to apply until terminated by either you or Reseliva as set
16.2 If you
want to terminate your legal agreement with Reseliva, you may do so by (a)
notifying Reseliva at any time and (b) closing your accounts for all of the
Services which you use, where Reseliva has made this option available to you.
Your notice should be sent, in writing, to Reselivaâ€™s address which is set out at
the beginning of these Terms.
16.3 Reseliva may at any time, terminate its
legal agreement with you if:
(A) you have breached any provision of the
Terms (or have acted in manner which clearly shows that you do not intend to,
or are unable to comply with the provisions of the Terms); or
(B) Reseliva is required to do so by law
(for example, where the provision of the Services to you is, or becomes,
(C) the partner with whom Reseliva offered the Services to you has terminated its
relationship with Reseliva or ceased to offer the
Services to you; or
(D) Reseliva is transitioning to no longer
providing the Services to users in the country in which you are resident or
from which you use the service; or
provision of the Services to you by Reseliva is, in Reselivaâ€™s opinion, no longer
Exclusion Of Warranties
17.1 in particular, Reseliva, its
subsidiaries and affiliates, and its licensors do not represent or warrant to
(a) your use of the services will meet
(b) your use of the services will be
uninterrupted, timely, secure or free from error,
(c) any information obtained by you as a
result of your use of the services will be accurate or reliable, and
(d) that defects
in the operation or functionality of any software provided to you as part of
the services will be corrected.
17.2 no advice or information, whether
oral or written, obtained by you from Reseliva or through or from the services
shall create any warranty not expressly stated in the terms.
further expressly disclaims all warranties and conditions of any kind, whether
express or implied, including, but not limited to the implied warranties and
conditions of merchantability, fitness for a particular purpose and
Limitation Of Liability
18.1 subject to overall provision in
paragraph 14.1 above, you expressly understand and agree that Reseliva, its
subsidiaries and affiliates, and its licensors shall not be liable to you for:
(a) any direct, indirect, incidental,
special consequential or exemplary damages which may be incurred by you,
however caused and under any theory of liability.. this shall include, but not
be limited to, any loss of profit (whether incurred directly or indirectly),
any loss of goodwill or business reputation, any loss of data suffered, cost of
procurement of substitute goods or services, or other intangible loss;
loss or damage which may be incurred by you, including but not limited to loss
or damage as a result of:
i) any changes which Reseliva may make to
the services, or for any permanent or temporary cessation in the provision of
the services (or any features within the services);
deletion of, corruption of, or failure to store, any content and other
communications data maintained or transmitted by or through your use of the
failure to provide Reseliva with accurate account information;
failure to keep your password or account details secure and confidential;
limitations on Reselivaâ€™s liability to you in paragraph 15.1 above shall apply
whether or not Reseliva has been advised of or should have been aware of the
possibility of any such losses arising.
Copyright and trade mark policies
19.1 It is Reselivaâ€™s policy to respond to
notices of alleged copyright infringement that comply with applicable
international intellectual property law and to terminating the accounts of
20.1 Some of the Services are supported by
advertising revenue and may display advertisements and promotions.
20.2 The manner, mode and extent of
advertising by Reseliva on the Services are subject to change without specific
notice to you.
consideration for Reseliva granting you access to and use of the Services, you
agree that Reseliva may place such advertising on the Services.
21.1 The Services may include hyperlinks
to other web sites or content or resources. Reseliva may have no control over any
web sites or resources which are provided by companies or persons other than Reseliva.
21.2 You acknowledge and agree that Reseliva
is not responsible for the availability of any such external sites or
resources, and does not endorse any advertising, products or other materials on
or available from such web sites or resources.
acknowledge and agree that Reseliva is not liable for any loss or damage which
may be incurred by you as a result of the availability of those external sites
or resources, or as a result of any reliance placed by you on the completeness,
accuracy or existence of any advertising, products or other materials on, or
available from, such web sites or resources.
Changes to the Terms
22.1 Reseliva may make changes to the
Universal Terms or Additional Terms from time to time. When these changes are
made, Reseliva will make a new copy of the Universal Terms available at http://www.reseliva.com/legal.php and any new Additional Terms
will be made available to you from within, or through, the affected Services.
understand and agree that if you use the Services after the date on which the
Universal Terms or Additional Terms have changed, Reseliva will treat your use as
acceptance of the updated Universal Terms or Additional Terms.
General legal terms
23.1 Sometimes when you use the Services,
you may (as a result of, or through your use of the Services) use a service or
download a piece of software, or purchase goods, which are provided by another
person or company. Your use of these other services, software or goods may be
subject to separate terms between you and the company or person concerned. If
so, the Terms do not affect your legal relationship with these other companies
23.2 The Terms constitute the whole legal
agreement between you and Reseliva
and govern your use of the Services (but excluding any services which Reseliva may provide to you under a separate
written agreement), and completely replace any prior agreements between you and
Reseliva in relation to the Services.
23.3 You agree that Reseliva may provide you with notices, newsletter,
including those regarding changes to the Terms, by email, regular mail, or
postings on the Services.
23.4 You agree that if Reseliva does not exercise or enforce any legal
right or remedy which is contained in the Terms (or which Reseliva has the benefit of under any
applicable law), this will not be taken to be a formal waiver of Reselivaâ€™s rights and that those rights or
remedies will still be available to Reseliva.
23.5. You agree to
receive email notifications about -not to limited- all reservations, messages
and other important updates or newsletters from Reseliva, and your customers receive reminding of booking, and (ii) an email
which we may send to them promptly after their stay at the hotel inviting them
to complete their guest review form.
23.6 If any court of law, having the
jurisdiction to decide on this matter, rules that any provision of these Terms
is invalid, then that provision will be removed from the Terms without
affecting the rest of the Terms. The remaining provisions of the Terms will
continue to be valid and enforceable.
Terms, and your relationship with Reseliva under the Terms, shall be governed by
the laws of the Republic of Turkey without regard to its conflict of laws provisions. You
and Reseliva agree to submit to the exclusive jurisdiction of the courts located
within the Republic of Turkey to resolve any legal matter arising from the Terms.
Notwithstanding this, you agree that Reseliva shall still be allowed to apply for
injunctive remedies (or an equivalent type of urgent legal relief) in any
Pricing of The Service
24.1 The Buyer of service accepts that the price and model of payment are defined/set by Reseliva. Reseliva informs the buyers /potential customers about the price of services in its official website and in the control panel of its official website.( after the registration.) Reseliva informs about its services and prices in detail also before the use of service.
24.2 The buyer of the service accepts that Reseliva has the rights to change pricing policy in upcoming year.
24.3 The buyer of the service accepts that Reseliva has the rights to charge interest on unpaid invoices until due date.