Thank you for choosing Booking-in-Time to grow your business. Kindly read the following information carefully as it contains important information regarding a client's legal rights and obligations.
Booking-in-Time refers to itself as "our", "we", and "us" on its official website, publications and online presence, specifically in this Terms of Use (referred to as TOU) throughout.
By using our site and Software, you become a "User" and you must accept and agree to this TOU as a legal contract between you and us. A User will be referred to as "you", "your", "client", "customer", "User", "account owner", "person, and party".
We may make changes to these TOU at any time, and any such changes will immediately become applicable to all subsequent access to or use of our site and Software. We may notify all our existing clients regarding any changes, updates and disclosures. All our clients are requested to check for any modifications periodically.
If a User does not accept and agree to all requirements of these TOU, now or in the future, he/she may reject these TOU by immediately terminating all access and use of our sites and Software. In case of such happening, any continuing access or use of our site and Software shall remain unauthorized and unlawful for him/her.
A User is also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to his/her activities on our site and Software.
A User must make clear to us that he/she has read our Privacy Policy as well before entering into any business engagement with us.
We do not sell our services to children under the age of 17 as the Software is not intended for them. As such, our Software and website is designed for adult User interaction with businesses only.
Please note that these TOU grant a User a limited, revocable and non-exclusive license to access our site and Software and its use, in whole or in part, including but not restricted to our intellectual property therein, solely in compliance with these TOU.
This TOU does not apply to any other site or Software in our name, or posing under our name, which does not display or link you to this TOU, or that have their own terms of use.
General Terms of Use
-
A User must agree that all disputes related in any way to or arising from his/her use of the Software shall be governed, without respect to conflict of law principles, by the Australian Law.
-
A User must accept and agree that Booking-in-Time may update this TOU at any time by posting the relevant amended and restated TOU on the website and such amendments to the TOU are in effect as of the date of posting.
-
In case of any changes made to these TOU, the continued use of the Software after the amended TOU are published to the website constitutes a User's agreement to, and acceptance of, the amended TOU. In case a User does not agree to any changes to the TOU, he/she is required to please notify us as a User reserves the right to not continue to use the Software and service we provide.
-
A User must agree not to sell, resell, misuse, duplicate, reproduce or copy any portion of the Software, use of the Software, or access to the Software, without the express written permission by Booking-in-Time authority.
-
A User may not use the Booking-in-Time Software for any unauthorized or illegal purpose at any point in time, nor may a User, in the course of using our Software, violate any laws of his/her local jurisdiction (including but not limited to copyright laws), or the laws applicable to him/her in his/her customer's jurisdiction.
-
A User will comply with all applicable laws, rules and regulations in his/her use of the Software.
-
When you register as a User, you must acknowledge and agree that you shall use our Software and services for the advertised purposes only, and that you have a valid business desiring to use the Software to enhance profits and generate online reservations.
-
A User shall not store or collect any credit card information or other information pertaining to online payments via means other than the payment processors that are provided within the Software.
-
A User must understand that his/her data (except credit card information which is collected through the provided payment processors), may be transferred unencrypted.
-
A User must understand that the process of his/her data transfer may involve transmissions over various networks and be required to adapt to the technical requirements of connecting networks or devices may occur.
-
A User must acknowledge and agree that upon usage of the Software, all information that is stored and transferred to or from Booking-in-Time remains governed by Booking-in-Time's Privacy Policy.
-
A User must not transmit data that encroaches the privileges of others or is damaging, explicit, rough, bigot, oppressive, hostile, indecent, foul, slanderous, intrusive of individual security, bothering, undermining, or generally shocking through our Software.
-
A User must not transmit data that is pornographic, violent, racist, defamatory, threatening, harassing, discriminatory, objectionable or invasive of personal privacy, through our Software.
-
A User must not upload invalid data, viruses or worms, or other harmful elements to the Software.
-
A User must not use the Software in a way that disables others to use the Software.
-
A User must not send unsolicited commercial e-mails or SMS messages that can be classified as "spam" through the Software unless he/she has the consent of the recipient, to promote their services.
Account Terms of Use
-
A User must be above 18 years of age or at least the age of majority in the jurisdiction where you reside and run your business.
-
To access the site and Software, a User must create an "account" by providing his/her full name and e-mail address, which must be authentic. This is how you register with us.
-
A User must acknowledge and agree that his/her login credentials may only be used by one (1) person - as a single login shared by multiple people is not permitted.
-
A User may create separate logins ("Account Users") for as many people as his/her subscription plan allows.
-
A User must provide authentic, valid and true information to register with us and use the Software.
-
The person signing up for using our Software will become the contracting "party" (i.e. Account Owner) and shall become the person who will be in correspondence with us to initiate, manage and execute the business deal between you and us.
-
In case of a person signing up for using our Software is doing so on behalf of the business owner/employer, his/her employer shall be the Account Owner. If you are signing up to use our Software on behalf of your employer, it shall mean that you represent and warrant to us that you have the authority to bind your employer to our TOU.
-
Booking-in-Time may cancel a User account, for any reason, including a breach or violation of any term mentioned in the TOU and/or Privacy Policy.
-
A User is solely responsible for ensuring his/her login ID and password credential remains unknown to third party and is remembered at all times.
-
A User is solely liable for any activity or content on and in connection with his/her account.
-
A User must agree not to use or access, or attempt to use or access other User's account and/or data for any personal, professional or commercial purposes at any time.
-
A User must agree that Booking-in-Time can use its company's name and/or logo to advertise its business unless and until the User asks us not to do so in writing officially.
Booking-in-Time Rights
-
Booking-in-Time reserves the right to change, temporarily cease and/or permanently discontinue its Software and services, without notice at any time.
-
Booking-in-Time reserves the right to deny its service to anyone for any reason at any time, especially in case of when a User and/or his/her affiliates are found to be involved in any fraud, miscommitment, deceit and theft of valuable information.
-
Booking-in-Time may, but holds no obligation, to delete materials and suspend or terminate User accounts if we decide on sole discretion that the products or services offered violate any laws and moral standards.
-
In case where written or spoken abuse of any kind is found (including threats of retribution and/or abuse) of any Booking-in-Time customer or Booking-in-Time employee, the result will be immediate account termination.
-
Booking-in-Time does not do any pre-screening of data, services, items or any information which an end User may place and save in their account and our Software. However, it is in our sole discretion to delete and/or reject any materials from our service.
-
Booking-in-Time has the right to provide its Software and service to your business competitors and we do not promise any exclusivity in any particular market segment.
-
A User must acknowledge and agree that Booking-in-Time employees and contractors may also be Booking-in-time's customers and that they may compete with you. Yet, they will not use your personal and confidential information in any case for their benefit.
-
In the event of dispute over Account Ownership, Booking-in-Time reserves the right to request for documentation to determine and verify Account Ownership. Details regarding the documentation required are listed in our Privacy Policy.
-
Booking-in-Time reserves the right to temporarily suspend an Account in the time until a resolution has been reached upon between the two parties quarreling over Account Ownership. In case where no ownership can be determined, we reserve the right to delete the account in question and you may be required to sign up again to avail our services and use our Software.
Limitations of Liability
-
A User must particularly understand and agree that Booking-in-Time shall not be held accountable for any consequential, incidental, exemplary, special, direct or indirect indemnities, including but not limited to, indemnities for loss of profits, data, goodwill or other intangible losses ensuing from the use of or inability to use the Software.
-
Booking-in-Time does not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you through the Software will meet your expectations, or that any faults in the service will be mended.
-
Booking-in-Time does not guarantee that the results obtained via using the Software will be accurate and reliable.
-
The Service we provide is provided on an "as available" and "as is" basis without any warranty or condition, express, implied or statutory.
-
Under no circumstance shall Booking-in-Time or our suppliers be held accountable for any lost profits or any incidental, consequential or special damages that may arise out of or in connection with our Software.
-
A User should additionally consent to reimburse, protect and hold innocuous Booking-in-Time and (as appropriate) our associates, Booking-in-Time accomplices, parent organization, chiefs, officers, providers, backups and workers from any interest or case, including without restriction lawyers' expenses and costs, made by any outsider/third party due to or emerging out of your rupture of these TOU or the reports it incorporates by reference, or your infringement of any law or the privileges of an outsider/third party.
Payment of Fees and Subscriptions
-
Booking-in-Time offers a variety of pricing plans listed as Subscriptions to its clients. To view details regarding your plan's offerings, due dates, fee amount and time duration, the client will be required to log in to your Account Owner ID.
-
In case of any confusions regarding payment and limitations, contact us via any contact detail provided on our official website or any specific contact information provided to you.
-
A User is required to pay the subscription fee prior to initiation of availing our service and using our Software. However, we offer trials and the trial period is a free period for which no charge will be forwarded to the client.
-
The fees for a User's plan shall be charged in advance of each billing cycle.
-
Towards the end of a User's current subscription plan period, the same plan will be renewed automatically for the next period, unless the User requests to us in writing at least 30 days prior to the event that we should not auto-renew the plan for the next cycle.
-
If a User upgrades his/her plan level, he/she will immediately be charged for the increased price of the upgraded plan, pro-rated to reflect the remaining duration of his/her subscription period, and a User will be charged the full amount of the then-current rate for the new plan.
-
Total Fee amount will be mentioned on an invoice, which shall be sent to the Account Owner via the email address provided. Also, an invoice will appear on the Account Page of your Booking-in-Time Admin Panel. All Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
-
The Account Owner must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Booking-in-Time reserves the right to charge applicable Fees to the credit card account that you authorize (Authorized Card), and Booking-in-Time shall continue to charge the same Authorized Card for applicable Fees until the service is terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in AUD dollars, and all payments shall be in AUD currency.
-
If we are not able to process payment of the Fees using the Authorized Card, we will retry up to 3 times within a 28-day period. In case our final attempt is not successful, we reserve the right to suspend and revoke your access to your Account. Your Account will be reactivated upon the payment of any outstanding Fees. You will not be able to access your Account during the period of Account suspension. If the outstanding Fees remains unpaid for up to 60 days following the date of suspension, Booking-in-Time reserves the right to permanently delete your Account.
-
Booking-in-Time does not offer any refunds under any conditions.
-
All Subscription Fee's mentioned on the website are exclusive of applicable federal, local, provincial, state, governmental sales, goods and services, and/or any other 'Taxes'. You are responsible for all applicable taxes and we will charge you tax when we are required to do so.
Termination and Cancellation
-
A User reserves the right to cancel his/her Account at any time. This can be done by emailing us at support@bookingintime.com and following the instructions that will be provided in the email.
-
Booking-in-Time reserves the right to terminate, suspend and modify a User account for any reason, without notice at any time.
-
Booking-in-Time reserves the right to permanently terminate your account without prior notice if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have been engaged in any fraudulent activity through the connection offered via our Software and site.
Revisions of Subscription Fees and Services
-
Booking-in-Time reserves the right to modify and/or discontinue its services and/or Software (or any part thereof) with or without notice at any time and from time to time.
-
Booking-in-Time does not stand liable to you or to any third party for any modifications, fee changes, suspension or discontinuation of its Software and/or services.
-
All revised subscription fees shall become applicable automatically with immediate effect for the next billing cycle and from thereon.
-
If a User is availing a special or discounted on-going subscription fee, he/she must remember that the particular subscription fee is for that particular time period only and after the passage of that time, we shall revert back to our standard prices. We do not guarantee discounted prices in case you have signed up for a User account in times of discounted subscription fees, for all the time for which you will make use of our Software.
Complete Agreement and Waiver
-
The failure of Booking-in-Time to practice or authorize any privilege or arrangement of the TOU will not comprise a waiver of such right or arrangement. The TOU and the records it joins by reference structure form the whole agreement among a client and Booking-in-Time and administer client utilization of the service, superseding any past understandings among Booking-in-Time and client (counting, yet not restricted to, any prior adaptations of the TOU).
User Warranties
-
You are responsible and in charge of guaranteeing that you can satisfy all reservations, appointments, buys and memberships made through the Software and for conveying any and all changes straightforwardly to your clients.
-
You are in charge of overseeing accessibility for the web based planning of your business arrangements and reservations including settings for staff, assets and administrations provided, bookable days and times for staff, assets and administrations provided, and lead times as might be suitable to avoid unfortunate occasions which would antagonistically influence your clients and their involvement with your business.
-
You are in charge of investigating your online arrangements and reservations frequently and routinely. On the off chance that you can't respect any arrangement or reservation made through the Software, you consent to speedily impart such change to the significant clients.
-
You are in charge of charging clients' credit cards just under express approval by the client.
-
You are in charge of taking care of client request expertly and immediately.
-
You are in charge of respecting wiping out/reschedule demands as indicated by your promoted approach.
User Submissions
-
a. Materials, including yet not constrained to content, programming, information, pictures, illustrations, graphics, photographs of service, sound, varying media, recordings, and substance of any nature given by Booking-in-Time ("Content") or by different clients of the Service ("User Submissions") to the service site is owned by the party contributing such substance.
-
b. A User shall hold the majority of possession rights for your User Submissions; be that as it may, by submitting material to Booking-in-Time, you allow us the permanent, completely transferable rights to utilize, replicate, circulate, change, transmit, plan subsidiary works of, show and produce the material as is required so as to give the service we intend to, and to concede these rights to other people. To the degree you don't have proprietorship rights to any of your User Submissions, you will reimburse Booking-in-Time for any case in regards to the utilization of your User Submissions from our end.
-
c. As a User of the Software, you are exclusively in charge of your own User Submissions. By transmitting your User Submissions, you represent that you have all rights and approvals important to post, submit, show, produce, or generally transmit such materials. Regarding your User Submissions, you concur that you will not submit material that is or contains the licensed innovation of an outsider that you do not have consent and/or authority to utilize.