1. Acceptance of Terms
2. Provision of services and registration
3. Online advertising
From time to time, at its sole discretion, Booksteam may make specific offers to you to participate in the Booksteam Advertising Network. The terms and conditions of these offers will be available to you at the time of the offer and acceptance of the offers will be at your discretion.
4. Payment terms
5. Suspension or termination of service for non-payment
If, for whatever reason, Booksteam charges your credit card pursuant to Section 4 and the payment does not go through, Booksteam reserves the right to suspend your access to the Services immediately. If you fail to pay the applicable invoice within 7 days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, Booksteam reserves the right to cancel your account. In the event Booksteam cancels your account for non-payment, all amounts due and unpaid from you to Booksteam for use of the Services shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this section, Booksteam reserves the right to seek payment using any remedies allowed to it by law.
This Agreement shall for all purposes be governed, interpreted, construed and enforced in accordance with the law of the Province of Ontario, Canada. You hereby agree that the courts located in Toronto, Ontario, Canada shall constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with the use of the Service and you hereby consent to the jurisdiction of such courts and irrevocably waive any objections thereto. In any action to enforce the provisions of these Terms and Conditions, the prevailing party shall be entitled to costs and attorney’s fees. Regardless of where you access the Service, you agree to comply with all applicable laws of Canada, including those regarding the export of data and software. You are also responsible for complying with all other laws, rules and regulations that may be applicable to your use of the Service.
You agree to indemnify and hold Booksteam, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site in violation of this Terms of Service or your violation of any law or the rights of a third party.
8. User responsibilities
You are responsible for any and all activities that occur under your Scheduler. You will: (a) notify Booksteam immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (b) report to Booksteam immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you; (c) assure that use of the Service shall at all times comply with all applicable local, state, federal, and international laws, regulations, and conventions, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data; and (iv) not impersonate another Booksteam user or provide false identity information to gain access to or use the Service. Booksteam reserves the right to take any action it deems appropriate with respect to Content posted on your Scheduler. Such action is taken at the sole discretion of Booksteam and may include, but not be limited to, termination of your rights of use. You are responsible for ensuring that you can fulfill all appointments made through the Services and for communicating changes directly to your customers. You are responsible for managing availability for the online scheduling of appointments including settings for staff and services, bookable days and times for staff and services, and other events which would adversely affect your customers and their experience with the Services. You are responsible for reviewing your online appointments often and regularly. If you cannot honor any appointment made through the Services, you agree to promptly communicate such change to the relevant customers.
9. Links to third party sites
You may encounter hypertext links to websites operated by parties other than Booksteam during your use of the Services and on the Booksteam website. Booksteam does not control such websites and is not responsible for nor can guarantee the content of such websites. Unless otherwise explicitly stated, the inclusion of any hypertext links to such websites in the Services or on the Booksteam website does not imply any endorsement by Booksteam of the material on such website or any association with their operators.
10. Use of the services
Booksteam licenses its appointment scheduling and resource management software to certain customers as a hosted application (the "Service"). We create a customized online scheduling application (the "Scheduler"), help train you in its use and administration, and host it at a third-party data center for access by users that you authorize (the "Users" and "Customers" and “Clients”). You agree to use the Services strictly within the terms described herein. Permission to use the Services and associated content does not include permission to copy the design elements, look and feel, or layout of any pages of the Services. Those elements of the Services are protected by Canadian and international laws and may not be copied or imitated in whole or in part. No logo, graphic, or image from the Services may be copied or retransmitted unless expressly permitted by Booksteam. You may not use the Services in any manner that is illegal or harmful to the Services. Among other restrictions, you agree that you shall not, nor shall you allow any third party to:
(a) engage in unlawful activity of any kind, advertise any illegal service or offer to sell items that are restricted or prohibited by applicable law;
(b) use the Services through unauthorized interfaces or protocols;
(c) transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable;
(d) translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Services or Services software (accept as applicable law expressly permits);
(e) post or disclose any personally identifying information or private information about children under the age of 18 without their parents’ consent;
(f) remove, obscure or alter any notices or indications of rights in or to the Booksteam Intellectual Property;
(g) interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any Booksteam servers;
(h) take any action that imposes an unreasonable or large load on our infrastructure;
(i) upload or introduce invalid data, viruses, worms, harmful code, Trojan horses and/or other harmful software to the Services;
(j) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services, unless expressly permitted by Booksteam;
(k) engage in any libelous, defamatory, scandalous, threatening, or harassing activity;
(l) post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence;
(m) provide material that is false, deceptive or misleading;
(n) use the Services in a way that disables the Services or prevents or inhibits anyone from using the Services; or
(o) impersonate any person or entity in order to use, or through use of, the Services.
11. User submissions
Materials provided by Booksteam ("Content") or by other users of the Services ("User Submissions") to the Website, including but not limited to software, text, data, graphics, videos, images, photos, audiovisual, audio, and/or content of any nature is owned by the party providing such content. Your User Submissions are your sole responsibility. When submitting User Submissions, you warrant and represent that: (a) you have acquired all necessary rights from the owner or that you own all rights in your Content to enable you to grant to Booksteam the rights to such User Submissions; (b) you will pay and have paid in full all financial obligations and other fees (if any) in connection to posting of your User Submissions; (c) you are either the individual heard, depicted, or pictured in your User Submissions and grant us permission or that you have obtained permission from each person who appears and/or is heard in your User Submissions, as may be required to enable you to grant to us the rights to such User Submissions; and (d) your User Submissions do not infringe on the publicity, privacy, intellectual property, or any other legal or moral rights, and are not defamatory in nature to, any third party. You retain ownership of all intellectual property and proprietary rights to any User Submissions that you post on the Website. However, by providing, sending or otherwise making your User Submissions available on or through the Website, you grant us a worldwide, royalty-free, freely transferable, non-exclusive right and license to distribute, reproduce, use, publicly display, and create derivative works of your User Submissions in any form, media, or technology now known or later developed, in connection with Booksteam’s business and performance of the Services and to grant these rights to others. You shall hold harmless and indemnify Booksteam for any claims in connection to use of your User Submissions. Booksteam guarantees no confidentiality of any User Submissions and assumes no User Submissions to be confidential. You may, by using the Website, encounter User Submissions from various sources. Booksteam accepts no responsibility for the intellectual property rights, safety, usefulness, or accuracy of or related to any User Submissions, which could be objectionable, indecent, infringing, or inaccurate.
Violation of any of the terms of this agreement, breach of any payment obligations, or unauthorized use of the Service will result in suspension or termination of your account or use of the Service. Booksteam may terminate any free account at its sole discretion. Booksteam may also terminate your free account if it has been inactive for a period of three (4) consecutive months. The account will be considered "inactive" if you or any users of your account do not use the Service. You agree that Booksteam has no obligation to retain data entered by you into the Service and may delete such data if you have violate any of the terms below or fail to pay outstanding fees.
You agree that the service provider (also known as staff member) can contact you via e-mail or other means to confirm details of the reservation, notify you of reservation cancellations, reschedule your reservation, or communicate other information relevant to the business relationship. As a courtesy to you, the Website may send e-mail communication relevant to your reservation (new reservation notices, reservation reminders, cancellation notices, etc.). You agree that these e-mail communications do not constitute unsolicited e-mail (sometimes referred to as ‘SPAM’) and as such are not subject to the terms of the Website’s unsubscribe policy. You also agree that you may not receive these messages in a timely manner (if at all) due to server error, ISP error, Internet traffic, e-mail filters, or any other circumstances. Failure to receive or read a courtesy reservation message will in no way absolve you from fulfilling your reservation responsibilities to the service provider (attending the reservation or canceling the reservation according to the service provider’s cancellation policy). Service providers with whom you schedule reservations through the Website may send you business-related e-mail messages that are not directly related to reservations. You acknowledge that Booksteam is not responsible for the content or transmission of any e-mails or other messages sent by service providers who make reservations available through the Website, including any failure by such third parties to include an unsubscribe link in their e-mails.
15. Additional information
16. Warranty disclaimer
The Website is "AS AVAILABLE," "WITH ALL FAULTS," and “AS IS." BY USING THE WEBSITE, YOU AGREE THAT SUCH USE SHALL BE AT YOUR OWN RISK. Booksteam does not and shall not be considered to GUARANTEE THAT THE WEBSITE WILL FUNCTION with your software or devices, that Booksteam will have sufficient load capability for all users, OR that accessibility to the Website will be possible for you in all places or at all times. TO THE GREATEST LEGALLY PERMITTABLE EXTENT, THE OFFICERS, EMPLOYEES, DIRECTORS, AND AGENTS OF Booksteam DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, include implied warranties of quality, suitability, merchantability, fitness for particular purposes, accuracy and non-infringement. Booksteam MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY THIRD PARTY WEBSITES OR CONTENT LINKED TO Booksteam. Booksteam SHALL NOT WARRANT, GUARANTEE, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY SERVICES OR PRODUCTS PROVIDED, OFFERED OR ADVERTISED BY THIRD PARTIES VIA THE Booksteam WEBSITE OR ANY LINKED SITE OR DEPICTED OR DESCRIBED IN ANY ADVERTISING, AND Booksteam REFUSES TO BE RESPONSIBLE FOR OR IN ANY WAY BE PARTY TO VERIFYING TRANSACTIONS BETWEEN ANY THIRD PARTY AND YOU.
17. Limitation of liability
UNDER NO CIRCUMSTANCES SHALL THE OFFICERS, EMPLOYEES, AGENTS, OR DIRECTORS OF BOOKSTEAM BE LIABLE WHATSOEVER FOR ANY CONSEQUENTIAL, PUNITIVE, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES RESULTING OR ARISING FROM ANY (I) UNAUTHORIZED USE OF OR ACCESS TO BOOKSTEAM SERVERS OR ANY PERSONAL INFORMATIONS SAVED THEREIN, (II) INACCURACIES, MISTAKES, OR ERRORS IN WEBSITE CONTENT, (III) DAMAGE TO PROPERTY OR INJURY TO ANY PERSON, OF ANY KIND, ARISING OUT OF OR RESULTING FROM USE OF THE WEBSITE, (IV) ANY CESSATION OR INTERRUPTION OF TRANSMITTAL TO OR FROM THE WEBSITE, INTEROPERABILITY, OR ANY OTHER PROBLEMS, (V) ILLEGAL, OFFENSIVE, OR DEFAMATORY CONDUCT OR USER SUBMISSIONS OF ANY THIRD PARTY, (VII) ANY KIND OR TYPE OF TROJAN HORSES, VIRUSES, BUGS OR SIMILAR TRANSMITTED THROUGH OR TO THE WEBSITE BY ANY THIRD PARTY, (VI) ANY OMISSIONS OR ERRORS IN CONTENT, (VIII) YOUR INABILITY OR ABILITY TO USE, ANY PART OF THE WEBSITE OR FOR ANY DAMAGE OR LOSS OF ANY KIND INCURRED IN CONNECTION TO USE OF THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, WARRANTY OR IN ANY OTHER LEGAL APPROACH, AND REGARDLESS OF IF THE COMPANY IS APRISED OF THE LIKELIHOOD OF SUCH DAMAGES. THE LIMITATION OF LIABILITY AS SET FORTH HEREIN SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.