Software License Agreement
This software agreement is between the software licenser (EsyTravel.Com NZ Ltd) and the software licensee (the Operator).
“Esytravel” means EsyTravel.Com, Esytravel.net, Esytechnology.com or other related websites and mobile APP which are owned by EsyTravel.Com NZ Ltd.
“Operator” means the licensee of the Software in this agreement.
“Software” means the operator admin site and website under the subdomain of Esytravel.com and its modules, components, updates and supplements.
“Agreement” means the terms and conditions of this document.
“License” means the license to use the Software under the Agreement.
“Booking” means an event, reservation, or function made to the Operator to supply products and/or services.
“Client” means the end user of the products and services booked by Esytravel on behalf of and provided by the Operator.
By using the software and licence provided by Esytravel, the Operator accepts the following terms and conditions.
1. Installation and user rights.
The software is licensed on a per user basis. The Software is Internet based. No local software installation is required. One license is for one user to use at a time. User may use any licenced module, component, updates and supplements of the Software.
2. Internet-based services.
Esytravel provides Internet-based services with the software. Esytravel may uses product information including (but not excluding others) product description, pricing, place availability and departure schedules which are uploaded by the Operator onto the Software. The Operator agrees that Esytravel can use the information for its clients, agents and suppliers for the purpose of promoting, marketing and selling of the Products and Services of the Operator. Automatic Updates. Esytravel may provide updates to the Software without the consent of the Operator. Use of Information. Esytravel may use the booking information, agent, operator and user information to improve the Software and Services.
3. Scope of license.
The software is licensed, not sold. This agreement only gives the Operator some rights to use the features included in the Software licensed to the Operator. Esytravel reserves all other rights. Unless applicable law gives you more rights despite this limitation, the Operator may use the Software only as expressly permitted in this agreement. In doing so, the Operator must comply with any technical limitations in the Software that only allow the Operator to use it in certain ways. You may not Work around any technical limitations in the Software; Reverse engineer, decompile or disassemble the Software, except and only to the extent that applicable law expressly permits, despite this limitation; Make more copies of the Software than specified in this agreement or allowed by applicable law, despite this limitation; Publish the Software for others to copy; Use the Software in any way that is against the law; Rent, lease or lend the Software.
4. License Fee
License fee is the cost of using the Software by the Operator. Operator pays the License Fee to Esytravel in order to use the Software to manage its business.
5. Esytravel Bookings
Esytravel may make bookings for the products and/or services provided by the Operator on behalf of the Client or its agents via the Software. Terms and conditions for making these bookings are set by the Operator in different agreement. By using the Software, the Operator agrees that the payments from Esytravel for Esytravel Bookings are required by the 20th day of the next month following the invoice date.
6. License Fee Payment Terms
Payment for License Fee is required by the 20th day of the next month following the invoice date.
The Operator will indemnify Esytravel against all costs incurred and losses suffered by the Clients including costs on solicitor basis, resulting from the acts or omission of the Operator when supplies products and/or services which are booked by Esytravel on behalf of the Client.
8. Operator’s Obligations
Operator shall provide products and/or services in a satisfied and professional manner and as described by the descriptions of the products and services supplied to Esytravel and/or the Client. Operator shall ensure to follow all required safety procedures and ensure that all equipment, and/or vehicles, and/or vessels, and/or aircrafts, and other supplied to the Client or used for the purpose of providing goods and/or services to the Client legal and fit for the purpose. The Operator shall pay License Fee as described in this agreement.
9. Esytravel’s Liability
Esytravel shall not be held liable for any loss of any kind whatsoever suffered by the Operator due to any malfunction of the Software used by the Operator which results in the Operator failing to provide any Goods and/or Services. Notwithstanding anything else contained in this Document, the liability of Esytravel to the Operator, whether in contract or in tort, in respect of all claims, will not in the aggregate exceed the cost of the License.
10. Remedy for malfunction
In the case of malfunction of the Software, Esytravel will repair the Software at no charge. If Esytravel cannot repair it, Esytravel will refund the amount of the cost of the License for the period of the malfunction.
11. Force Majeure
Esytravel will not be in any breach of the Agreement or in any way liable, if it is prevented from complying with the provision of the Agreement by reason of act of God, act of public enemy, war, earthquake, riot, fire, storm, flood, explosion, compliance with any law of government restraint order, rule regulations, strikes, lockouts or any other cause not reasonably within the control of Esytravel.
Esytravel may assign all or part of its rights or obligations without the Operator’s consent. Esytravel reserves the right to review and change the terms of the Agreement at any time. Any such change will only take affect once Esytravel has published the changes on Esytravel website. If any provision within the terms of the Agreement is determined invalid, void, or illegal, the remaining terms shall not be affected, prejudiced or impaired by such a ruling.