MODULE TERMS COMPLIANCE
Thank You Vibes Platform – Compliance Module
TY APP TECHNOLOGIES LIMITED, registration number HE 484442 (the "Provider").
1. Scope
1.1 These Module Terms govern the use of the Compliance Module of the Thank You Vibes Platform.
1.2 They supplement the Master Platform Terms 112 (the "Master Terms"). Terms defined in the Master Terms have the same meaning in these Module Terms. In the event of a conflict, these Module Terms prevail over the Master Terms.
1.3 The Customer orders the Compliance Module online in the Dashboard in accordance with clause 4 of the Master Terms. It may be ordered independently of the Tipping Module.
2. Description of the Compliance Module
2.1 The Compliance Module is a software tool that helps the Customer to identify, organise and track the regulatory requirements relevant to the operation of its Places. It is currently designed for hotels and other tourist establishments in the Republic of Cyprus.
2.2 The Compliance Module comprises in particular the following functions:
- a) a compliance catalogue with compliance packs organised by country and industry, which bring together requirements, competent authorities, official forms and regulatory sources;
- b) a hotel compliance wizard for each Place, in which the Customer records hotel details, the licence route, the hotel profile and the facilities and installations operated (for example swimming pools, lifts and gas installations);
- c) an overview of the requirements resulting from the Customer's entries, together with references to the relevant regulatory sources and official forms.
2.3 The scope of functions available at any time is shown in the Dashboard. Clause 10 of the Master Terms (further development) applies.
3. Nature of the Service
3.1 The Compliance Module is an information and organisation tool. The Provider provides software and general, non-individual information. The Provider does not:
- a) provide legal, tax, technical, engineering or other professional advice;
- b) assess whether the Customer's establishment, facilities or operations actually comply with legal requirements;
- c) inspect, audit or certify the Customer's establishment or documents;
- d) communicate with authorities or file applications on the Customer's behalf;
- e) assume any of the Customer's obligations towards authorities or third parties.
3.2 The requirements, deadlines and documents shown in the Compliance Module are generated from the Customer's entries and the content of the compliance packs. They are an aid to orientation and do not replace a review by the Customer and, where necessary, by a qualified professional adviser.
3.3 The Customer remains solely responsible for complying with all legal requirements applicable to its establishment, for obtaining and renewing licences and permits, and for the content and timely submission of applications and notifications to authorities.
4. Content of the Compliance Packs
4.1 The Provider compiles the compliance packs from publicly available legal sources, official forms and official guidance. Each compliance pack bears a version number and shows the date of the legal status on which it is based.
4.2 The Provider updates the compliance packs at reasonable intervals. Laws, regulations, forms and administrative practice may change at any time. The Provider does not warrant that the compliance packs are complete, accurate or up to date at all times.
4.3 Official sources and the decisions of the competent authorities always take precedence. Before taking any action relevant to compliance, the Customer shall verify the information against the official sources linked in the Compliance Module or with the competent authority.
4.4 If the Customer becomes aware that content is inaccurate or out of date, it shall inform the Provider through the support function. The Provider will review the notification and correct the content within a reasonable period if necessary.
5. Obligations of the Customer
5.1 The Customer shall:
- a) enter complete and accurate information about its Places, its licence route and its facilities and installations and update it without undue delay when circumstances change;
- b) designate at least one Authorised User who is responsible for the use of the Compliance Module;
- c) review the overviews, deadlines and documents generated by the Compliance Module before relying on them;
- d) obtain professional advice where the complexity or importance of a matter requires it.
5.2 The Provider is not obliged to check the Customer's entries for accuracy or plausibility.
6. Documents and Forms
6.1 Where the Compliance Module provides or pre-fills official forms or other documents, these are drafts for the Customer's use. The Customer shall check each document before using or submitting it.
6.2 Official forms remain the property of the issuing authority. The Provider makes them available for the Customer's convenience only.
7. Fees and Billing
7.1 The Compliance Module is offered as a subscription. The Fees, including the discount for an annual term paid in advance, are those shown in the price list of the Compliance Module in the online ordering process at the time of the Order. Pricing of the Compliance Module is independent of the pricing of other modules.
7.2 Unless otherwise agreed in the Order:
- a) the subscription runs on a monthly basis and the monthly Fee is invoiced in advance at the beginning of each month;
- b) the Customer may instead book a term of twelve (12) months with payment of the annual Fee in advance, in which case the discount shown in the price list applies.
7.3 The Customer pays by the payment method selected in the online ordering process. The Provider collects the Fees in advance for the respective billing period.
7.4 Clause 8 of the Master Terms applies to invoicing, payment and adjustment of Fees.
8. Term and Termination
8.1 A monthly subscription runs for an indefinite period. Either party may terminate it at any time with effect from the end of the current calendar month. The Customer may give notice of termination in the Dashboard.
8.2 An annual subscription runs for twelve (12) months from the date on which the Compliance Module is activated. It renews for a further twelve (12) months unless either party terminates it with one (1) month's notice to the end of the current term. If the Customer does not wish to renew at the annual rate, it may instead switch to a monthly subscription with effect from the end of the current term by notice given within the same period.
8.3 Fees paid in advance for an annual term are not refunded if the Customer terminates early without good cause. If the Customer terminates for good cause attributable to the Provider, the Provider refunds the Fees paid in advance for the period after termination on a pro rata basis.
8.4 Clauses 19 to 21 of the Master Terms apply in addition.
9. Liability
9.1 The Provider is not liable for the consequences of decisions taken by the Customer on the basis of the Compliance Module, in particular for:
- a) the refusal, suspension, revocation or non-renewal of licences, permits or classifications;
- b) fines, penalties, closure orders or other administrative measures;
- c) losses resulting from missed deadlines, provided that the deadline displayed in the Compliance Module was based on the Customer's entries or on the legal status stated in the compliance pack.
9.2 Clause 9.1 does not apply where the loss is caused by the Provider's wilful misconduct or gross negligence. Clause 15 of the Master Terms applies in all other respects.
10. Data Protection
10.1 The Compliance Module processes mainly data about the Customer's establishments. It may also process personal data, in particular data of the hotel manager, of other responsible persons named in official forms and of Authorised Users.
10.2 To this extent the Provider acts as processor on behalf of the Customer. The Data Processing Agreement 114 applies.
11. Changes to the Compliance Packs
11.1 The Provider may add, update, restructure or withdraw compliance packs, in particular to reflect changes in the law.
11.2 If the Provider withdraws a compliance pack that the Customer uses without providing a replacement, the Customer may terminate the Compliance Module with immediate effect. The Provider refunds Fees paid in advance for the period after termination on a pro rata basis.