** THESE ARE EXAMPLE TERMS AND CONDITIONS ONLY**
Terms and conditions
For the Users of the {OURBUSINESS} Online Booking Solution
Overview
This is a legally binding document governing the provision of the {OURBUSINESS} Online Solution from {OURBUSINESS} to You via our Website. When you sign-up for an Account, You automatically accept the below provisions which constitute the {OURBUSINESS} Terms and Conditions and You are legally bound by them.
Read this document very carefully and together with our Website Terms and Conditions, {OURBUSINESS} Privacy Policy and Data Processing Agreement.
This document is translated for your convenience but where there is any inconsistency between different versions, the English document shall prevail.
If you are an Enterprise Client, you accept the provisions herein and any additional documentation tailored to your needs. Get in contact with us to find out more.
IF YOU DO NOT ACCEPT THE PROVISIONS BELOW, DO NOT USE OUR SERVICES.
Context
1. The {OURBUSINESS} Online Booking Solution
1.1. The {OURBUSINESS} Online Booking Solution (the “Software”) is owned, operated and provided to You, the person who uses the Software and operates the Account further defined below (the “User”) by {OURBUSINESS}, a company incorporated and existing under the laws of the {OURCOUNTRY} (referred to as “We” and/or “Us”) subject to the provisions of these Terms and Conditions (“T&Cs”).
1.2. The Software is available via our Website, subject to the Website Terms and Conditions and following the completion of the sign-up for a {OURBUSINESS} Account (the “Account”), pursuant to any additional documentation relevant to the subject matter communicated to You which You agreed.
1.3. You may have an Account to which You can register service providers, services, products for sale, make promotions and do other business related things and be used for the purposes of operating the Software and receiving our Services.
1.4. Subject to the provisions herein, We hereby provide You with the Software by granting You a non-exclusive licence to use it for real-time scheduling and management of customers bookings (the “Specific Purposes”).
1.5. We may provide You with additional products and/or support services as part of the Software, and/or Solutions such as:
(a) the Stripe online payments (subject to relevant provisions below);
(b) the Directory (available by default and subject to provisions below);
as may be made available from time to time and always subject to any related payment conditions and restrictions pursuant to the provisions herein or communicated to You via the Software.
1.6. Where You contact Us for support or buy our set-up assistance package, You hereby understand and agree that You grant access to our support agent into Your administration interface section of the System.
1.7. You hereby understand and accept that, any links to websites which are not covered by our Website T&Cs, do not apply to the provisions herein but are solely your convenience and do not constitute any endorsement, guarantee, warranty, or recommendation and we do not have any control whatsoever over respective legal documents and/pr security and/or privacy practices.
1.8. You hereby understand and agree that, You may enable services and integrations in order to receive the Solution as per the Specific Purposes; which are not vetted, endorsed, or controlled by Us in any way or manner and therefore you use them at your own risk, subject to respective applicable provisions, limitations etc.
1.9. You hereby understand, agree and accept that for clause 2.5. above, it is Your responsibility to conclude necessary legal agreements for the use of their respective services and/or for the processing of personal data from their side.
Bookings via the {OURBUSINESS} Online Solution
1.10. When a person (a “Client”) uses the Software to make a booking; and/or for any other Solutions; and/or buys a product online with a Service Provider (could be You or any other person that uses the System to accept and treat bookings online, send promotions, sell products and do other related things that helps them run their service business) which is linked to the Account:
1.10.1 he/she hereby accepts the provisions of Terms and Conditions for Clients;
1.10.2 and further agrees and understands that all applicable fees applied by the User are payable and any additional provisions may be applicable by the User via the latter website.
1.11. When a Client makes any change in the booking including but not limited to cancelling, the responsibility to be familiar with the applicable policies and procedures of the User lies to him/her.
{PAYMENTPROCESSOR/Stripe}
General Provisions
1.12. You hereby agree and understand that the {PAYMENTPROCESSOR/Stripe} Solution (the “{PAYMENTPROCESSOR/Stripe}”) is made available to Users by {OURBUSINESS} and once enabled and in use as the {PAYMENTPROCESSOR/Stripe}, subject to the provisions of these T&Cs as a whole and to the extent applicable to clauses below.
1.13. The purpose of the {PAYMENTPROCESSOR/Stripe} to enhance the “Accept Payments” Custom Feature available to our Users and depending on the version enabled:
(a) allow for integration of multiple payment processors;
(b) accept payments for services or products;
(c) produce general or extensive reporting for payments, refunds, statistics of sales etc.
1.13. All existing Users, as from the date the provisions herein come into effect; have to enable {PAYMENTPROCESSOR/Stripe} manually via their administration page.
1.14. All new Users, as from the date the provisions herein come into effect; will enable {PAYMENTPROCESSOR/Stripe} manually.
1.15. The processing of personal data for the purposes of using the {PAYMENTPROCESSOR/Stripe} solution is subject to the provisions of the {OURBUSINESS} Privacy Policy.
{PAYMENTPROCESSOR/Stripe} Basic
1.16. The {PAYMENTPROCESSOR/Stripe} allows Users to integrate multiple payment processors, accept online payments upon bookings and produce general payment reporting.
1.17. The {PAYMENTPROCESSOR/Stripe} is free of charge to all users subject to provisions herein.
The Directory
1.22. When You complete the set-up of the Account, You may enable the publication of Your company information to the booking.page, owned and operated by {OURBUSINESS}.
1.23. You hereby acknowledge and understand that We reserve the right to display the advertisement banner of the Directory, on booking sites of free system Accounts.
2. The Rights of {OURBUSINESS}
2.1. We reserve the right to limit, suspend, or terminate our Services and any Account as well as prohibit access to any content, sites, additional services or tools as well as remove hosted content and otherwise take any technical and legal steps necessary to limit any problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the provisions herein.
2.2. We reserve the right to suspend the Services and capacity of the relevant System momentarily in order to equalise the server load where there is a high volume of bookings, as clarified below.
2.3. You hereby understand and agree that, in order to prevent too high volume of bookings load on servers from individual accounts all subscription levels have a maximum number of users and providers, as per the Fee Schedule available here.
3. Acceptances, Warranties and Responsibilities from You
3.1. You hereby agree, accept and warrant that:
3.1.1 when you create an Account, You must provide specific information about yourself, which will be processed in accordance with the provisions of our Privacy Policy;
3.1.2 and You are at least 18 years old when creating an Account and/or in case not considered a “child” under Your local laws and regulations in the jurisdiction of Your business operations ;
3.1.3 You are responsible to provide accurate and complete information;
3.1.4 and You are responsible to maintain the confidentiality of your Account information and log-in details;
3.1.5 and the information are personal to yourself and you are not acting on behalf of a third party, unless written authorisation is provided when required by {OURBUSINESS};
3.1.6 and You shall not use any information which may be of an offensive and/or an insulting nature, breaching any of the provisions herein.
3.2. You hereby acknowledge, agree and warrant that in order to provide our Services, You must cooperate where deemed necessary and ensure that Your material will not contain payment details, obscene, offensive, defamatory or otherwise unlawful material nor will it infringe the Intellectual Property Rights of any third party or otherwise harm our goodwill and/or reputation.
3.3. You hereby warrant and represent to hold {OURBUSINESS} harmless and fully and effectively indemnified against all actions, proceedings, claims, demands, damages and costs (including legal costs on a full indemnity basis) occasioned to or incurred by us as a result of any breach of your warranties herein.
3.4. You hereby acknowledge and accept that {OURBUSINESS} reserves the right to investigate complaints or reported violations of the provisions herein and if deemed necessary, take any action considered appropriate, including but not limited report any reasonably suspected unlawful activity to relevant governmental bodies or otherwise authorities
4. Acceptable Use Of the Software
4.1. You shall take reasonable measures to ensure that you do not generate a high volume of bookings which is likely to load the server and hence cause delays.
4.2. You hereby understand and agree that a high volume of bookings can cause Your Client(s) to be unable to make a booking in which case they may receive a message to try to book again. In the case a user system causes the server to have extraordinary load, or comes under a DDOS attack, {OURBUSINESS} may at its own discretion take your system temporarily off-line until the load has passed away.
4.3. The Software, as well as any other product provided by {OURBUSINESS} which You will use pursuant to the provisions herein, shall only be used for the Specific Purposes and other unrelated usage is strictly forbidden such as for:
4.3.1 sending spams and/or other emails or SMS (text messages) making direct or indirect reference to activities which may be illegal in some jurisdictions such as prescription or not drugs, including but not limited to cannabis, THC, Marijuana, TLC, CBD; and loan arrangements such as student loans, payday loan, get rich quick schemes and other; and/or otherwise infringe other peoples’ privacy in any way;
4.3.2 and/or undertaking or in any way promote illicit activities;
4.3.3 and/or misrepresenting your true identity and/or impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
4.3.4 and/or usage in any manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this services of {OURBUSINESS};
4.3.5 and/or any action which violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law applicable to You and/or {OURBUSINESS};
4.3.6 and/or stalking, harassing and/or cause any kind or harm to another person;
4.3.7 and/or to use any data mining, robots, or similar data gathering or extraction methods in connection with the System and the Services;
4.3.8 and/or any attempt to gain unauthorised access to accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means..
4.4 Except as otherwise expressly permitted herein, You may not, directly or indirectly, sell, assign, sublicense, lease, rent, distribute or otherwise transfer the System or any licence rights or obligations under these T&Cs, to any third party (person or legal entity), without the express written consent of {OURBUSINESS}.
4.5 You can use the option of Intake Forms only for the purposes of getting additional information from Your Clients and not to accept sensitive information such as health data or financial details.
4.6 You must use one of the certified payment providers for accepting payments for Your services when using our System.
4.7 You hereby understand and agree that the Service Provider(s) operating under Your Account should provide their own terms and conditions, privacy, cancellation and other related policies, which will be applicable to Your Clients and You hereby accept full responsibility for the context therein.
4.8 You hereby agree and acknowledge that when using the System and collecting medical information about Your Clients and You will ensure that their data remains secure; You have the absolute responsibility to avoid including personal health related information in your email and text messages notifications.
4.9 You hereby agree and acknowledge that it is Your responsibility to comply with any laws and regulations applicable to Your operations which may declare that text messages and emails are not secure communication and therefore, you may refrain from including any personal health related information in Your communications via the System.
4.10 You here agree and understand that you have the full legal responsibility to comply with, follow and perform Your business operations when and/or via using our System and/or Services, with any applicable local and/or international law and regulation to You.
5. Fees and Payment Conditions
5.1. In consideration for the Services and in line with these T&Cs, You hereby accept that the fees payable shall be in accordance with the Fee Schedule available here, as may be amended from time and to our discretion.
5.2. Any applicable VAT is payable by You in addition to the fees charged by ourselves.
5.3. You hereby agree and understand that all purchases made in the system are final, and are not refunded.
5.4. You hereby agree and understand that where You fail to pay any sum due hereunder within 21 (twenty one) days of the date upon which your payment of that sum was due, an interest of 1.5% shall be applicable and {OURBUSINESS} in addition to any additional expenses and/or charges occurred as a result of any administrative and/or legal action required for the collection of any such amount due.
6. Term and Termination Provisions
6.1. These T&Cs shall be applicable from the date you sign-up for an Account and shall remain in effect until terminated in accordance with the provisions herein.
6.2. You hereby understand and accept that where You own a free account, You must renew Your subscription every month in order to avoid disconnection of the term.
Termination Conditions
6.3. {OURBUSINESS} reserves the right to terminate, delete or suspend Your Account, subject to our discretion and without any prior written notice, where:
6.3.1 we terminate that You have breached any of the key provisions (a “Material Breach”) herein or as otherwise deemed necessary;
6.3.2 and/or the Account owner is not confirmed;
6.3.3 and/or the Account is not active for more than 8 (eight) weeks, provided that no log in occurred from the owner of the Account and/or no valid paid subscription is present;
6.3.4 and/or it has been determined that the Account has been created from a person proven to be under 18 (eighteen) years old.
6.4. You may terminate these T&Cs at any time and therefore delete Your Account subject to any pending payments and/or other legal obligations.
6.5. Any termination of these T&Cs shall occur without prejudice to any other rights, remedies or liabilities applicable to {OURBUSINESS} and/or You; expressly or by implication intended to come into or continue in force on or after such termination.
7. Data Protection And Privacy
7.1. You hereby acknowledge, understand and agree that the provisions of our Privacy Policy and Data Processing Agreement are applicable, understood and accepted as part of these T&Cs which you hereby accept, agree and agree to comply with to the extent required.
7.2. You acknowledge, understand and agree that: (i) You are the “data controller” of personal data involved to the provision of the Software and Services herein from Us; and (ii) We are the “data processor” for those purposes; and (iii) You are solely responsible for obtaining a valid consent from Your Clients when using the Software and Our Services.
8. Security
8.1. You hereby agree and acknowledge that {OURBUSINESS} has security measures in place.
8.2. You should change your password in the admin interface of the System and the “Manage” and “Users Section”, immediately after Your Account has been created.
8.3. You are responsible to maintain the confidentiality of the password and access to Your Account.
8.4. You are fully responsible for all activities that occur under Your Account and for compliance with regulatory, legal, and statutory requirements applicable to You.
8.5. {OURBUSINESS} shall not be held liable in any way for any loss or damage arising from your failure to comply with this policy.
8.7. You must inform Us immediately if any unauthorised person has obtained or has attempted to obtain access to the System or any data processed and accessed by the System, whether stored on the server or elsewhere, disclosing at least the circumstances of the incident, confirm that relevant passwords has been changed and where this is a result of Your actions and misuse of the System, You may be held accountable to the extent permitted.
9. Confidentiality And Intellectual Property
9.1. All Confidential Information on our Website and/or part of our Services shall remain solely to the property of {OURBUSINESS}.
7.2. Any Confidential Information provided to you pursuant to these Terms and Conditions shall be subject to the provision herein unless otherwise clearly stated herein and under no circumstances be used in any matter other than the subject matter.
7.3. Breach of this provision shall constitute a material breach by You and gives {OURBUSINESS} any and all related contractual and regulatory rights.
7.4. You shall not copy, display, modify, create derivative works of, publish, sell, reproduce, distribute, commercially exploit nor in any form benefit or profit from the Confidential Information, Services and System provided by {OURBUSINESS}; nor will You assist or facilitate any third party in actions or activities mentioned herein.
10. Limitation Of Liability
General Limitation Of Liability
10.1. {OURBUSINESS} shall not be liable for any consequential, incidental or special damages, including but not limited to any loss in profits, use, business interruption, data or cost of obtaining substitute goods; arising out of or in connection with the provisions herein, or the use or inability to use the System, even the possibility of such damages has been advised.
10.2. {OURBUSINESS} shall have no liability whatsoever to remedy any breach of a warranty, undertaking and/or representation provided herein where the breach results from your misuse of the System and/or is in relation to Your obligations to the subject matter of these T&Cs.
10.3. Except for indemnification for infringement, in no event the aggregate liability of {OURBUSINESS} arising out of or in relation to the provisions herein, irrespective of cause, any theory of liability, whether based in contract or tort or otherwise, except as related to the indemnification provisions herein; shall exceed the amount payable by You for the Services and subject matter.
10.4. The foregoing limitation of liability shall apply notwithstanding any failure of essential purpose of any limited remedy stated herein.
10.5. Except as expressly and specifically provided herein, You assume sole responsibility for results obtained from the use of Services including any and all conclusions drawn from such use; and any and all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the provisions of heein and pursuant to the subject matter.
10.6. {OURBUSINESS} shall have no liability whatsoever in relation to the functioning of booking widgets when inserted on external sites or in other external solutions.
Limitation Of Liability For Clients
10.7. The Client hereby understands and agrees that {OURBUSINESS}:
10.7.1 has no responsibility whatsoever about the booking and cannot guarantee in any way the accuracy or completeness of the User to meet the expectations;
10.7.2 no responsibility whatsoever for any fees applicable by the User for any normal business relations;
10.7.3 does not guarantee in any way purchases made via the System operating by the User and any dispute for that subject matter shall be settled between the Client and the User;
10.7.4 accepts no responsibility whatsoever for any wrongdoing of the User and subsequent provision of services.
10.8 The Client hereby understands and agrees that he/she holds the sole responsibility to ensure that bookings are properly processed and confirmed by the User as deemed necessary.
11. Indemnification
11.1. You will indemnify and hold {OURBUSINESS} and where deemed appropriate its officers, directors, agents, subsidiaries, joint ventures, and employees; harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the provisions herein or your violation of any law or the rights of a third party, pursuant to these T&Cs.
11.2. Where there is a dispute between You and Your Clients or between Your Clients and a Service Provider, {OURBUSINESS} shall have no liability, responsibility or otherwise held accountable for any claim, demand (actual and consequential) of any kind and nature, known and unknown, arising out of or in any way connected with the Services.
12. Force Majeure
12.1. Neither You nor {OURBUSINESS} shall be liable to each other by reason of failure or delay in the performance of our obligations herein, if the failure arises out of any circumstances beyond each reasonable control, including but not limited to acts of God, flood, fire, natural disaster, war, pandemic, invasion, riot, civil unrest, embargos, national or regional emergency, strikes, power or telecommunication interruptions or shortages.
12.2. The Party failing or delaying to perform for the purposes of the provisions herein, due to circumstances beyond their control must give a prompt written notice to the other Party, stating among other the length of time estimated for the occurrence to continue and either party may terminate this Agreement, if such uncontrolled circumstances continue for longer than 30 days.
13. General Provisions
13.1. You have the capacity to enter into this Agreement and have no legal commitments or obligations which may likely conflict or otherwise interfere with or impede the performance of the Services herein.
13.2. These Terms and Conditions, together with other documents incorporated herein by reference; constitutes the sole, entire and final agreement between You and {OURBUSINESS}, with respect to the subject matter herein.
13.3. These T&Cs, supersedes all prior and contemporaneous understandings, representations, agreements and warranties, whether written, oral or implied between You and {OURBUSINESS}.
13.4. Nothing in these T&Cs shall be construed as creating any agency, partnership or any other form of joint enterprise, employment or fiduciary relationship between You and {OURBUSINESS} and neither shall have the authority to bind the other Party in any such manner.
13.5. Any dispute claim, dispute or controversy arising under, out of or in connection with these T&Cs between the Parties shall be resolved via an alternative dispute resolution, starting with mediation and including if necessary a final and binding arbitration. Where the dispute is not resolved and Parties forward with arbitration, an arbitrator must be agreed by both Parties within 15 days while they use reasonable endeavours in good faith to resolve the dispute.
13.6. For the purposes of these T&Cs, the below contact details about {OURBUSINESS} shall be applicable for notification purposes:
Email Address:
support@{OURBUSINESS} (general queries)
legal@{OURBUSINESS} (legal queries)
accounting@{OURBUSINESS} (queries about invoices)
securityofficer@{OURBUSINESS} (queries about security of information)
dpo@{OURBUSINESS} (queries about privacy and personal data)
Postal Address:
{OURADDRESS}
13.7. These T&Cs may be amended at any time by {OURBUSINESS} in order to reflect any changes to the applicable laws and regulations and/or our business operations. We will notify you via electronic means of communication, mainly emails or notifications via the System for any major changes prior to the date these will take effect via the notification option on our System.
13.8. These T&Cs will be governed by and constructed in accordance with the laws and regulations of the {OURCOUNTRY} and any disputes relating to provisions herein shall be subject to the non-exclusive jurisdiction of the courts of the {OURCOUNTRY}.