Terms & Conditions - User Agreement

A. General Terms & Conditions

Boutique Setters (“We”, “Us”, “Our”) developed the web portal https://boutiquesetters.com (the “Website”) as a means of connection between hoteliers and the best vendors and suppliers operating in the hospitality market, to provide solutions and elevate the guest experience.

By entering and making use of the Website, either as a visitor, newsletter subscriber, or account holder (as defined under the User Agreement found herein below), you agree to and unconditionally accept the general terms and conditions of the Website (the “Terms”), which may be amended from time to time. We reserve the right to modify the Terms, at our sole discretion. The latest version of the Terms will supersede all previous versions.   

By creating a professional account (members and/or partners, as defined under the User Agreement found herein below) you agree to and unconditionally accept the terms of the User Agreement. The User Agreement does not apply to non-account holders (such as visitors and newsletter subscribers). 

The Terms apply to all services and information made available by us, either online, through mobile devices, apps, e-mail, telephone, or mobile phone. 

Boutique Setters is represented and owned by Elena Papadonikolaki and is established in Athens, Greece. 

Privacy Policy: Please read carefully our Privacy Policy regarding our data collection usage. 

Website Usage, Responsibility, and Confidentiality:

You understand and agree that the content and information available on the Website are for personal, non-commercial use within the platform. It is strictly prohibited to use, copy, reproduce, distribute, or transmit any content or information from the Website outside of its intended use on this platform, unless explicitly authorized by the website owners.

Additionally, while using this website, you are expected to respect the rights and privacy of other members and companies on the platform. Any form of harassment, offensive behavior, or violation of the intellectual property rights of others will not be tolerated. We reserve the right to suspend or terminate your account if you fail to comply with these terms and conditions or engage in any activity that is detrimental to the well-being of other users or the platform as a whole.

We prioritize the protection of your personal information and will take reasonable measures to ensure its confidentiality; however, we cannot guarantee absolute security. By using our website and providing personal information, you acknowledge and agree that you understand the inherent risks associated with internet-based communications. We encourage you to exercise caution when sharing personal or sensitive information through our platform.

Third-Party Links and Services:

The Website may include links to third-party websites, applications, or services that are not owned or controlled by us. We provide these links solely for your convenience and do not endorse, guarantee, or assume responsibility for the accuracy, relevance, or quality of the content, products, or services provided by these third parties. By accessing and using these third-party links or services, you acknowledge and agree that you do so at your own risk.

We strongly advise you to review the terms and conditions, privacy policies, and practices of any third-party websites, applications, or services that you visit through our website. We shall not be held liable for any damages or losses incurred as a result of your interaction with such third-party links or services.

It is important to note that any personal information you provide to these third parties is subject to their respective privacy policies and practices. We recommend exercising caution and conducting your own due diligence before engaging in any transactions or sharing personal information with third-party entities.

We reserve the right to modify or remove any third-party links or services on our website without prior notice. However, we do not assume any obligation to update or review these links or services. Your use of any third-party links or services is subject to your own discretion and responsibility.

By using the Website, you acknowledge and agree that we shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on any content, products, or services available through third-party links or services.

Usage of Emails and Digital Communications:

We may use your registered email address to communicate with you regarding your account, provide updates, deliver important information, and respond to inquiries or requests.

Please note that email and other digital communications are not completely secure methods of communication. While we take reasonable measures to protect the confidentiality and integrity of your information, we cannot guarantee the security of any information transmitted through email or digital channels. By using the Website and engaging in digital communications with us, you understand and accept these inherent risks.

Furthermore, we may send you promotional emails, newsletters, or other marketing communications if you have opted to receive them. You have the right to unsubscribe from these communications at any time by following the instructions provided in the respective emails or by contacting us directly.

We respect your privacy and will not sell, rent, or disclose your email address or digital communications to third parties without your explicit consent, except as required by law or in accordance with our Privacy Policy. However, please be aware that our website may contain links to external websites or platforms, and we cannot be held responsible for the privacy practices or content of those third-party websites or platforms.

By providing your email address and engaging in digital communications with us, you consent to receive electronic communications from us, including but not limited to emails, notifications, and updates related to your account or the services we provide.

If you have any concerns about the usage of your email address or digital communications, please contact us for further clarification.

Information Sharing and Disclosure with 3rd Parties:

We take your privacy seriously and are committed to safeguarding your personal information. However, there may be circumstances where we need to share or disclose your information as described in this section. By using the Website, you acknowledge and agree to the following terms and conditions regarding information sharing and disclosure:

Service Providers: We may engage trusted third-party service providers to assist us in operating and maintaining our website or to perform services on our behalf. These service providers may have access to your personal information but are obligated to maintain its confidentiality and use it solely for the purposes outlined in our agreements with them.

Legal Requirements: We may disclose your personal information if required to do so by law, regulation, legal process, or governmental request. We may also disclose your information to protect our rights, property, or safety, or the rights, property, or safety of others, without notice. 

Business Transfers: In the event of a merger, acquisition, or sale of all or a portion of our assets, your personal information may be transferred to the acquiring entity. We will notify you via email or a prominent notice on our website of any change in ownership or the transfer of your personal information.

Anonymized Data: We may aggregate and anonymize your personal information with that of other users to create statistical or analytical reports. These reports do not identify individual users and may be shared with third parties for various purposes, including research, marketing, or improving our services.

While we take reasonable precautions to protect your personal information, we cannot guarantee the security of any information transmitted over the internet. Therefore, you understand and accept the inherent risks associated with the sharing and disclosure of your information.

International Users:

The Website is accessible to users from around the world, and by accessing and using the Website, international users agree to comply with the following terms and conditions:

Compliance with Local Laws: As an international user, you are solely responsible for ensuring your use of the Website complies with all applicable local laws, regulations, and requirements of the jurisdiction in which our company is located.

Jurisdiction of Company Location: Any disputes arising from your use of the Website, or these terms and conditions shall be governed by the laws of the jurisdiction where we are located. You agree to submit to the exclusive jurisdiction and venue of the courts in that jurisdiction for the resolution of any such disputes.

We strongly advise international users to familiarize themselves with the laws and regulations of our jurisdiction and ensure that their use of the Website aligns with those requirements. Failure to comply with applicable laws may result in limitations or denial of access to the Website.

If you have any questions or concerns regarding compliance with local laws or the jurisdiction of our location, please contact us for further assistance.

Liability Disclaimer and Indemnification:

By accessing and using our website, you acknowledge and agree to the following terms and conditions regarding liability disclaimer and indemnification:

Content Accuracy: While we strive to provide accurate and up-to-date information on our website, we do not warrant or guarantee the accuracy, completeness, reliability, or suitability of any content, information, or materials provided. You understand that any reliance on such content is at your own risk.

Limitation of Liability: In no event shall we, its directors, employees, affiliates, or agents be liable to you or any third party for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your use of the Website, including but not limited to damages for loss of profits, data, or other intangible losses. This limitation of liability applies regardless of whether such damages arise from negligence, breach of contract, or any other legal theory.

Indemnification: You agree to indemnify, defend, and hold us, its directors, employees, affiliates, and agents harmless from and against any and all claims, demands, actions, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Website, your violation of these terms and conditions, or your infringement of any rights of any third party.

Third-Party Links and Content: The Website may contain links to third-party websites or content. We do not endorse, guarantee, or assume responsibility for the accuracy, relevance, or quality of such third-party content. Your interaction with any third-party websites, applications, or services linked on the Website is at your own risk and subject to their respective terms and conditions.

Service Availability: We strive to ensure that the Website is available and accessible; however, we do not guarantee the uninterrupted or error-free operation of our website. We reserve the right to modify, suspend, or discontinue any aspect of our website at any time without prior notice.

Please note that some jurisdictions may not allow the exclusion or limitation of certain types of damages, so the above limitations and exclusions may not apply to you to the extent prohibited by applicable law.

If you have any questions or concerns regarding liability disclaimer or indemnification, please contact us for further clarification.

Termination and Access Restriction:

We reserve the right to terminate or restrict your access to the Website at any time, without prior notice or liability, based on our sole discretion. By using the Website, you agree to the following terms and conditions regarding termination and access restriction:

Grounds for Termination: We may terminate or restrict your access to the Website for any reason, including but not limited to violation of these terms and conditions, suspected fraud or misconduct, abusive behavior towards other users or our staff, or any activity that may disrupt or interfere with the proper functioning of the Website.

Termination Effects: Upon termination or access restriction, all rights and licenses granted to you under these terms and conditions will immediately cease. You must cease all use of the Website and any content or materials obtained from it.

User Account Termination: We may terminate or suspend your user account if it has been inactive for an extended period or if you have violated any provisions of these terms and conditions.

Access Restriction: We may impose limitations or restrictions on your access to certain features or areas of our website, including but not limited to user accounts, services, or content, based on our sole discretion and without prior notice.

No Liability: We shall not be liable to you or any third party for any termination or access restriction, including any resulting loss, damage, or inconvenience.

Please note that any termination or access restriction does not relieve you of any obligations or liabilities incurred prior to the termination or access restriction.

If you have any questions or concerns regarding termination or access restriction, please contact us for further clarification.

Contact Us:

If you have any questions or need any kind of further clarification about the terms, or if you no longer wish to receive marketing e-mails from www.Boutiquesetters.com, please Contact us at [email protected]. 

Complaints:

You have the right to make a complaint at any time to [email protected].

Feedback:

We invite you to provide us with feedback and suggestions, since we are constantly working to improve the Website. Any such feedback, improvements and suggestions are non-proprietary and non-confidential. You cannot claim any rights in relation to them and we are free to use any such feedback, improvements and suggestions as we wish without any charge or prior permission

B. User Agreement

This User Agreement is concluded and entered into force between Elena Papadonikolaki, owner and administrator of Boutique Setters (“We”, “Us”, “Our”) and the Client (“You”, “Your”).

latest version, updated on March 26, 2024

1. General Terms

By clicking “Apply”, “Apply Now”, “Register’’ or similar, registering, accessing, or using Our Services (described below hereinafter), You agree to enter into a legally binding contract (the “Contract”) with Us (even if You are using Our Services on behalf of a legal entity, whichever its type is). If You do not agree to this Contract, do not click “Apply”, “Apply Now”, “Register” (or any similar), and do not access or otherwise use any of Our Services. If You wish to terminate this Contract You can do so at any time by closing Your account and no longer accessing or using Our Services, provided that all subscription fees would have been paid up to termination.

This Contract applies to the web portal https://boutiquesetters.com operated by Us, where the Boutique Community is hosted, and any other related websites, apps, and communications offered under this Contract (the “Services”).

Registered users of Our Services are “Members” (hoteliers operating as legal entities) or “Partners” (suppliers/vendors operating as legal entities). When You register and join (“Apply”, “Apply Now”, “Register”, or any similar) Our Services, You become a Member or Partner. If You have chosen not to register for Our Services, You may access limited features of our web portal and all related websites, apps, communications, etc. as a visitor. This Contract applies only to Members and/or Partners.

Members and Partners are listed on the directory of the Boutique Community marketplace. Individual accounts of hoteliers and vendors and/or suppliers (natural persons) are not listed on the directory. Listed profiles are subject to public review by the members of the Boutique Community.

Hoteliers in particular may also upgrade to the Elite subscription program. Under such a program, hoteliers can register themselves on the platform by activating their personal profiles (as natural persons) under the listed business profile of their boutique hotel. Hoteliers may add information such as their names, photos, business titles, and personal business email. 

Vendors and/or suppliers may create a personal profile to interact within the Boutique Community; however, the said profile is not included in the directory. 

As a Member or Partner, the collection, use, and sharing of Your personal data is subject to Our Privacy Policy.

We may modify this Contract, Our General Terms and Conditions, as well as Our Privacy Policy from time to time, at Our discretion. If We make material changes, We will provide You notice via e-mail to allow You to review the changes before they become effective. Changes do not apply retroactively. If You object to any changes, You may close your account, provided that all subscription fees have been paid up to that point. Your continued use of Our Services following 10 days from the receipt of the notice about the changes means that You consent to the updated version of this Contract, as of their effective date.

This Contract (including any change, as stated above herein) is the only agreement between You and Us regarding Our Services and supersedes all prior agreements for Our Services.

In case of any lacuna to this Contract, General Terms and Conditions found above herein shall apply.

2. Obligations

Our Services are not for use by anyone under the age of 18, as per applicable law of this Contract (“Minimum Age”).

To use Our Services, You agree that: (1) You must have the Minimum Age or older; (2) You will only have one Boutique Setters account per name (either natural or legal person); and (3) You have not already been restricted by Us from using Our Services. Creating an account with false information is a violation of this Contract, as well as Our General Terms and Conditions, reserving the right to close Your Account under such a scenario.

Members or Partners are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of Your account (e.g., connections) to any third party and (3) comply with the applicable law of this Contract and Our General Terms and Conditions. You are solely responsible for anything that happens through Your account unless You close it or report misuse.

You agree to pay Us the applicable subscription fees and taxes for Our Services, according to the subscription program you chose. Failure to pay these fees will result in the instant termination of Our Services. In addition, You agree that: (1) payments are processed and executed via Stripe, by entering your credit card credentials (2) Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates); (3) We may store and continue billing Your payment method (e.g. credit card) even after it has expired, to avoid interruptions in the use of Our Services; (4) if You purchase a subscription, Your payment method will be automatically charged at the start of each subscription period for the fees and taxes applicable to that period. 

You can terminate your subscription at any time by closing Your account. Subscription fees are nonrefundable. Should You wish to terminate your subscription, cancel before the renewal date, to avoid future charges. 

We may calculate taxes payable by You based on the billing information that You provided us at the time of purchase of the subscription.

The invoice for Our Services is directly sent to the business e-mail address registered on Your account. 

You agree that We will provide notices and messages to You in the following ways: (1) within the Boutique Setters platform, or (2) sent to the contact information You provided Us (e.g., business e-mail, telephone or mobile number, physical address). You agree to keep Your contact information up to date at all times. We are not liable for any non-received notice and/or message due to false or non-updated contact information.

You agree to keep your communications within the Boutique Community safe, professional, and trustworthy.

3. Rights and Limits

Provided that you have an active subscription, You are free to interact with any other Member and/or Partner registered within the Boutique Community, subject to your package features. Interaction includes but is not limited to sending and replying in private messages, posting on the Share & Engage forum seen by all Members and Partners of the Boutique Community, and reviewing and liking a Partner. Should you receive any message or interaction from another Member or Partner, you will be notified by e-mail.

Upon purchasing Your subscription, You will be entitled to automatically receive notifications by e-mail. Additionally, each time a new Member or Partner subscribes to the Boutique Community, you will be notified by e-mail. Should You wish to unsubscribe, You can do so by sending an e-mail at [email protected]. 

You have the right to receive statistics limited to the name of the Member or Partner who visited your profile within the Boutique Community, as well as the number of visits, subject to Your subscription package.

As a Member or Partner, You will have access to various industry discounts published on the web portal. The services offered in the section “Advisory Solutions’’ are not included in Your subscription fees. Those services are tailored to specific needs and an offer will be sent separately should You require to use Our consulting team.

As between You and Boutique Setters, You own the content, feedback, and information (either personal or not) that You submit, send, share, or post within the Boutique Community, and You only grant Us the non-exclusive right to monitor the said content, feedback, or information, to confirm compliance with the applicable law, this Contract and the General Terms and Conditions. We reserve the right to erase any content, feedback, or information, that does not comply with this Contract and the General Terms and Conditions (e.g., use of inappropriate language, inappropriate interaction, etc.). We further reserve the right to restrict, suspend, or even terminate Your account if You constantly breach the applicable law, this Contract, and the General Terms and Conditions.

In any event, You agree that We are not responsible for others’ (including other Members’ or Partners’) content, feedback, or information. We cannot always prevent this misuse of our Services, and You agree that We are not responsible for any such misuse.

In addition, You grant Us the non-exclusive right to use, copy, modify, distribute, publish, and process, content, feedback, and information that You provide through Our Services, without any further consent, notice, and/or compensation to You. These rights are limited in the following ways:

(a) You can end this license for specific content by sending a deletion request or by closing Your account, except to the extent that You shared it with others as part of Our Services and they copied, re-shared it, or stored it and for the reasonable time it takes to remove it from backup and other systems.

(b) We will not include Your content, feedback, or information in advertisements for the products and services of third parties to others without Your separate consent (including sponsored content).

(c) While We may edit and make format changes to Your content, feedback, or information (such as translating or transcribing it, modifying the size, layout, or file type, or removing metadata), We will not modify the meaning of Your expression, subject to any inappropriate language used, as per indicated above herein.

4. Intellectual Property Rights

Trademarks, logos, and any other intellectual property rights used in connection with Our Services are the trademarks, logos, or other intellectual property rights of their respective owners. “BoutiqueSetters”, “Dare the Experience” and other Boutique Setters trademarks, service marks, graphics and logos used for Our Services are trademarks or registered trademarks of Boutique Setters.

5. Disclaimer

We make no representation or warranty about Our Services, including any representation that Our Services will be uninterrupted or error-free, and provide the Services (including content, feedback, and information) on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, We disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability, or fitness for a particular purpose.

We are not, in any way, liable for any collaboration made between members of the Boutique Community within or outside of the Community.

6. Governing Law and Jurisdiction

All disputes arising out of or in connection to the execution and interpretation of this Contract shall be finally and irrevocably resolved by the Courts of Athens. Greek laws govern this Contract.