Orioly (or “Service provider”) is a technology company that provides its service to its registered clients and customers. It provides tour and activity online booking software comprising inventory management software, customer relationship management software, sales, and distribution tools along with customer support and documentation.
Its services are a subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you.
By agreeing to this TOS, you are accepting the following documents
USA – 3500 South DuPont Highway, Dover, Delaware 19901
Croatia – Avenue Dubrovnik 15, 10000 Zagreb
Your continued use of the service following such modification shall be deemed to be your acceptance of such modification. You can review the most current version of the TOS at any time at http://www.orioly.com/terms-of-service
Supplier is a company that is the owner of the tour product.
Reseller is a company that sells supplier products and that has been added as an agent to your account. Reseller can act as a reseller agency or as an affiliate partner.
The marketplace is an online travel agency (“OTA”) that can list products of suppliers or sellers and sell it to its visitors or customers.
Orioly client is a company that created an account by signing up using the following URL: https://app.orioly.com. Orioly client can be a Supplier, Reseller or even marketplace (if a certain marketplace decides to use Orioly software as its core management system.
Orioly Software Licence
Our service and software are always installed on our servers. It can be accessed using an online browser or using the official Orioly mobile application.
Orioly provides users with access to business management and sales tools, along with integration with possible 3rd part tools for sales and communication purposes. You also understand and agree that the Service may include advertisements.
You also understand and agree that the Service may include certain communications from Orioly Inc., such as service announcements and administrative messages, and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS.
You understand and agree that the Service is provided “AS-IS” and that Orioly assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalisation settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Orioly reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Orioly Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You will receive a password and account number upon completing the registration process and once accepted by Orioly.
During registration, you can register other colleagues or persons that are part of your company or organization and it’s your responsibility to inform them about your actions. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
You agree to immediately notify Orioly of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Orioly cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Orioly does not claim ownership of Content you submit or make available for inclusion on the Service.
With respect to text, photos, graphics, documents, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, you grant Orioly the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Service solely for the purpose for which such content was submitted or made available on a worldwide, royalty-free, and non-exclusive license.
This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Orioly removes such Content from the Service.
You agree not to upload, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
Orioly service is used by you to manage your business products and sales opportunities.
You are not allowed to:
- allow access to any persons not associated with your business.
- use the content provided through the Service and promote it or publish it on any other media without asking Orioly provider or making a partnership with the original content or product owner. A partnership with the content owner can be arranged by using Orioly Service or by signing an agreement outside or Orioly services.
- reverse-engineer and build a competitive product, tools or services with a similar design, user experience or functionalities
- copy, distribute or resell your Orioly account, your Orioly credentials or your licenses as such.
- act harmful by using the Service, upload malicious files, software or use the software in any way that can damage the Service.
You are responsible for:
- adding your product information and manage product and content information to be up-to-date
- account protection
- managing backup of all uploaded files to the Service
- setting up your company information, invoice settings, payment gateway configuration
- managing access to your content (allowing your Resellers and Marketplace partners to sell and promote your products)
- complying to any laws and Orioly terms of usage and policies
Orioly does not guarantee that the Service meets your business requirements. Before you starting using it for business purposes, you must test your business processes and validate if Orioly Service fully meets your expectations.
Orioly engineers are working on creating a product that works on multiple screens, browsers and operating systems. However, before using Orioly for business purpose, you need to validate and test the usage of Service on devices that you use for managing your business.
Costs and charges
Service subscription costs are based on monthly fixed cost and commission fee calculated based on the price of the booked product. Pricing costs are defined on our pricing page.
During the free trial period, you are not charged for Service usage, even if you use it for business purposes.
Fixed cost of the Service can be paid on a monthly or annual basis where you receive an invoice for a 1-month or 12-month period.
Monthly or annual fixed costs and commission fees are always charged in advance for the previous period of usage (previous month).
We will issue you with a tax invoice for the charges on a monthly or annual basis.
You are liable for any applicable taxes, rate, levy, impost, duty, interest, penalty, fine or other expense in relation to the Service and the amounts paid to you in respect of the Service.
All charges and costs are non-refundable in all circumstances, including but not limited to any Service costs paid in advance.
Trademarks and Copyrights
Certain names, logos, and other materials displayed in the Service constitute trademarks or intellectual property of Orioly or other entities. You are not authorized to use any such marks. Ownership of such trademarks and other intellectual property remains with Orioly or those other entities.
Links to 3rd Parties
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Orioly has no control over such sites and resources, you acknowledge and agree that Orioly is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials available from such sites or resources.
You further acknowledge and agree that Orioly shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such site or resource.
Limitation of Liability
You expressly agree that your use of the service, content and Orioly software is at your own risk. Neither Orioly, its affiliates, nor any of their respective officers, directors, members, shareholders, employees, agents, third-party content providers, or licensors warrant that the service, ads or Orioly software will be uninterrupted, timely, secure or error-free; nor do they make any warranty as to the results that may be obtained from the use of the service, ads or Orioly software including their accuracy, reliability, quality, adequacy, timeliness or authenticity.
Nor do they make any warranty as to the accuracy, reliability, quality, adequacy timeliness or authenticity of any ads, information, service, products, merchandise or other material purchased or provided by or through the service.
The Service, Orioly software, and ads are provided on an “as-is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, non-infringement or fitness for a particular purpose.
In no event will Orioly, or any person or entity involved in creating, producing or distributing the service, ads or the Orioly software, be liable to you or any other person or entity for any indirect, incidental, special, punitive or consequential damages, or loss of profit or revenue arising out of the use of or inability to use the service, ads or Orioly software.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action regardless of whether Orioly had notice of the cause or such cause was foreseeable. These disclaimers and limitations shall apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this agreement.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
You acknowledge that Orioly may establish general practices and limits concerning use of the Service, including without limitation the maximum disk space, bandwidth, and server processing that will be allotted on Orioly servers on your behalf, and the maximum number of times (and the maximum duration for which) you or your customers may access the Service in a given period of time.
You agree that Orioly has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
You acknowledge that Orioly reserves the right to remove free accounts that are inactive for an extended period of time. You further acknowledge that Orioly reserves the right to modify these general practices and limits from time to time.
If you are using the free account, restrictions may be less favorable than for commercial accounts.
Closing your Account
Accounts, where no payment has been received for a period of ninety (90) days, will be classified as inactive (“Inactive Account”).
For free accounts (where no payment is received for system access fees), an account will be classified as inactive (“Inactive Account”) where no staff login or new booking has been received for a period of ninety (90) days.
Orioly in its sole discretion may delete any existing data from Inactive accounts as well as refuse any future submissions of incoming data.
Orioly may terminate your account and this agreement if you:
- fail to pay Service costs defined by your active subscription plan within 30 days of the due date
- breached any part of this agreement
- intentionally or unintentionally caused any damage to Service stability and quality
Termination and notice
If you chose to pay Service costs on a monthly basis, the term of this Agreement will commence on the Commencement Date and continue until terminated by either party, providing a notice 14 days prior to the termination, to the other party.
If you chose to pay Service costs annually in advance, the term of this Agreement will commence on the Commencement Date and continue until terminated by either party providing a notice 14 days prior to the expiry of the 12 month period after the Commencement Date.
Law and Jurisdiction
This Agreement shall be considered as an agreement made in the United States and shall be interpreted in accordance with US Law and the courts of the United States shall have exclusive jurisdiction over all disputes which may arise between the parties.
If you provide us with information about another person or entity, you confirm that they have appointed you to act for them, to consent to the processing of their personal data, including sensitive personal data and that you have informed them of our identity and the purposes for which their personal data will be processed.
3rd Party Tools & Services
While Orioly may suggest or supply software products and/or services from third parties, it cannot be held responsible for the performance of such software and/or services.
By agreeing to these Terms of Service you acknowledge that you do not rely on any prior representation, warranty or other assurance made by or on behalf of Orioly and you waive all rights and remedies which, but for this agreement, might otherwise be available to you in respect or of such representation, warranty or other assurance, provided that nothing in this clause shall exclude or limit any liability for fraud.
You agree that Orioly may use your name and logo in presentations, marketing materials, customer lists, financial reports and website listings of customers.
By using all or any portion of Orioly service or by creating an account with Orioly, you agree that this agreement is enforceable like any written negotiated agreement signed by you and you agree to be legally bound and to abide by this agreement just as if you had signed this agreement.
You agree to use the service in a manner consistent with all applicable laws and regulations and in accordance with this agreement. If you do not agree to all the terms of this agreement, do not use this service. Orioly reserves the right to refuse participation to any applicant or user at any time in its sole discretion.