BOOQA.COM (Trading name for PLAIN SIGHT LIMITED)
Terms of Service for Clients
Updated: July 27, 2017
Terms of Service
These Terms of Service (the "Terms of Service") govern the use of the mobile and internet-based services, business tools offered by BOOQA.com (the "Company," "BOOQA.com," "we" or "us") at and through the website BOOQA.com (the "Website") and through mobile applications (such services, applications and the Website are collectively referred to as the "Services").
Any reference to these Terms of Service shall include and mean a reference to all such incorporated policies, guidelines, programs, schedules and processes. In the event of a conflict between these Terms of Service and any other terms posted on the Website, the terms of these Terms of Service shall govern, and in the event of a conflict between these Terms of Service and the End User License Agreement in mobile applications (the "EULA"), the terms of the EULA shall govern.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN BOOQA.COM AND YOU WHICH GOVERNS YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE AND YOUR REPRESENTATION THAT YOU ARE 18 YEARS OF AGE OR OLDER. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO USE THE SERVICES.
If you are accepting these Terms of Service and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant to BOOQA.com that you have full power and authority to do so.
The Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Unauthorized reproduction or distribution of the Services, or any portion of them, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. The Services are licensed, not sold.
The BOOQA.com Services
BOOQA.com is a platform that connects salons, merchants, stylists and professionals (collectively or individually, "Professionals") providing hair, beauty and other health and wellness services ("Services") with clients seeking such services ("Clients" or "you"). The Professionals and Clients are both users of the Services provided by BOOQA.com and are hereinafter referred to collectively as "Users."
BOOQA.com solely provides a platform for Professionals and Clients to connect and serves only as a medium to facilitate the provision of Services. BOOQA.com does not provide or contract for any Services, and Professionals and Clients contract independently for the provision of Services. Each Client is solely responsible for selecting the Professional, the Services to be provided and the location at which Services will be performed, whether on the premises of a Professional or at a site designated by the Client. Any decision by a Client to receive Services or by a Professional to provide Services is a decision made in such person's sole discretion and at their own risk. All Users understand and acknowledge that (i) the Company does not conduct background checks on Clients and (ii) any provision of Services in a private location inherently increases the risks involved for both Clients and Professionals.
BOOQA.com does not have control over the quality, reliability, timing, suitability, durability, legality, failure to provide, or any other aspect whatsoever of any Services provided by Professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals or Clients. BOOQA.com makes no representations or warranties whatsoever with respect to Services offered or provided by Professionals or requested by Clients through use of the Services, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Professional. You understand that BOOQA.com does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. BOOQA.com does not verify or confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Services on the Services. BOOQA.com does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Services. Notwithstanding the foregoing, BOOQA.com may, but is not obligated to, check the background and experience of Professionals via third-party background check services and first party interviews, including but not limited to a verification of identity and a comprehensive criminal background check, and may terminate a Professional based on any information discovered during such background checks and first party interviews. Whether or not BOOQA.com conducts a background check or first party interview on a Professional, each Client must decide whether a Professional is suited to such Client's needs and should exercise caution and common sense to protect their personal safety and property, just as they would when interacting with anyone you don't know. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
In connection with certain services, including Services, for which reservations are made available on the Services, some Professionals may require you to enter credit card or other payment information, and such Professionals may charge fees for reservations, including cancelled and missed appointments. The Professionals are only allowed to do so in accordance with any policy posted on such Professional's BOOQA.com page at the time of your booking. By entering your payment information when requested, you authorize BOOQA.com and its payment processors to charge and process the fees and charges assessed in connection with your reservations in accordance with the policy described on the Professional's BOOQA.com page at the time of your booking. While BOOQA.com takes what it believes to be reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, BOOQA.com is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information.
If you cancel or don't show up for an appointment, your credit card may still be charged in accordance with the cancellation policy of the Professional posted on such Professional's BOOQA.com page at the time of your booking, at the Professional's discretion. BOOQA.com facilitates the payment transaction per these Terms between you and each Professional, but is not responsible for mediating any resulting disputes. BOOQA.com has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by BOOQA.com, in each case in BOOQA.com's sole discretion.
Although the Services are intended to provide a Professional's availability in real-time, it is possible that a scheduling conflict may occur that requires the Professional to reschedule your reservation. Creation of a reservation using the Services is not a guarantee that the Professional will honour the reservation as scheduled.
BOOQA.com cannot guarantee availability of the Services to any User.
BOOQA.com may from time to time, either as a BOOQA.com Program (described in further sections) or otherwise, provide certain services to Users for an additional fee that may, among other things, enable Professionals and Clients to connect more easily.
BOOQA.com does not independently confirm that Professionals are licensed to perform the Services offered by them on our Website. However, when Professionals create accounts with BOOQA.com, Professionals certify to BOOQA.com that they are a licensed professional, or if the Professional is a salon, merchant or other business entity, all of such Professional's employees, independent contractors or agents who are providing Services each are a licensed professional, that they are legally able to provide the Services they offer to Clients on our Website, and that their business information is correctly represented on BOOQA.com. BOOQA.com reserves the right to remove or hide any incorrect, out of date, or illegal information from profiles, as well as remove or hide the entire profile itself at any time.
By creating an account with BOOQA.com (an "Account"), you are
granted a right to use the Services provided by BOOQA.com subject
to the restrictions set forth in these Terms of Service and any other
restrictions stipulated to you by us in writing. Our registration process
will ask you for information including your name and other personal
information, and in registering for an Account, you agree to provide true,
accurate, current and complete information about yourself as prompted by
the Services' registration process and as requested from time to time by
BOOQA.com (such information, "Registration Data"). You further
agree that, in providing such Registration Data, you will not knowingly
omit or misrepresent any material facts or information and that you will
promptly enter corrected or updated Registration Data via the Services, or
otherwise advise us promptly in writing of any changes or updates to your
Registration Data. You further consent and authorize us to verify your
Registration Data as required for your use of and access to the Services.
We reserve the right to suspend or terminate the Account of any User who
provides inaccurate, untrue, or incomplete information, or who fails to
comply with the account registration requirements.
Once you register for the Services, you shall receive a unique user identification and password in connection with your Account (collectively referred to herein as "Account IDs"). You must use your true and accurate name when signing up for an Account. You are required to select an appropriate and non-offensive Account ID. Ideally, the Account ID you choose will be a reasonably descriptive name that clearly identifies you. We reserve the right to remove or reclaim any Account ID if we believe, in our sole discretion, the Account ID is inappropriate, offensive or confusing or potentially violates the rights of a third party (such as when a trademark owner provides notice that an Account ID is similar to the trademark and the Account ID does not closely relate to the User's actual name or trademark rights).
You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your Account IDs, your disclosure of your Account IDs, or your authorization to allow another person to access or use the Services using your Account IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account including any charges incurred relating to the Services. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed.
Linking Your Account
As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers (each such account, a "Third Party Account") by either: (i) providing your Third Party Account login information through the Services; or (ii) allowing BOOQA.com to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to BOOQA.com and/or grant BOOQA.com access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating BOOQA.com to pay any fees or making BOOQA.com subject to any usage limitations imposed by such third party service providers. By granting BOOQA.com access to any Third Party Accounts, you understand that (i) BOOQA.com may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the "SNS Content") so that it is available on and through the Services via your Account, including without limitation any friend lists, and (ii) BOOQA.com may submit and receive additional information to your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be Content (as defined below) for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or BOOQA.com's access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your Account and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. BOOQA.com makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and BOOQA.com is not responsible for any SNS Content.
The Services may contain links to third party websites that are not owned or controlled by BOOQA.com. BOOQA.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BOOQA.com will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve BOOQA.com from any and all liability arising from your use of any third-party website.
You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services. At your request made via e-mail to support@BOOQA.com, BOOQA.com will deactivate the connection between the BOOQA.com Services and your Third Party Account and any information stored on BOOQA.com's servers that was obtained through such Third Party Account will be hidden, except the username and profile picture associated with your Account.
Termination of Accounts
Right to Terminate
BOOQA.com reserves the right, in its sole discretion, to terminate your Account if you violate these Terms of Service or for any reason or no reason at any time. We may also suspend your access to the Services and your Account (including the funds in your Account) if you (a) have violated the terms of these Terms of Service, any other agreement you have with BOOQA.com, including without limitation the EULA, or BOOQA.com's policies, (b) pose an unacceptable credit or fraud risk to us, (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) for any other reason in BOOQA.com's sole discretion.
You may terminate these Terms of Service and/or the EULA by terminating your Account at any time. Upon closure of an Account, any pending transactions will be cancelled.
If your Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by these Terms of Service, (b) to immediately stop using the Services, (c) that any licenses granted to you under these Terms of Service shall end, (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers, and (e) that BOOQA.com shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion or hiding of your information or account data. You agree that BOOQA.com may retain and use your information and account data as needed to comply with investigations and applicable law.
We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of these Terms of Service does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in these Terms of Service.
BOOQA.com is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid as determined in BOOQA.com's sole discretion Fraudulent Actions"). By using the Services, you hereby release BOOQA.com from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify BOOQA.com of any Fraudulent Actions which may affect the Services. BOOQA.com reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
Payment Processing Services
The Services allow Clients to pay and Professionals to accept payments for Services, including Card-based payments initiated with Cards bearing the trademarks of MasterCard International Inc. and Visa Inc. (collectively, the "Networks") through a payment service provider retained by the Company (the "PSP"). We are not a bank and we do not offer banking services as defined by The Treasury, New Zealand.
BOOQA.com facilitates the processing of payments Professionals receive from Clients. This means that we collect, analyse and relay information generated in connection with these payments.
You authorize us to process payments in accordance with the Services, using the payment information you have supplied. Users of the Service will be required to provide their credit card or bank account details to Company and the PSP.
You agree to authorize the Company to provide your payment details to the PSP for processing of payments, out of pocket expenses owed to a Professional, any tip or gratuity, if applicable, and the service fees and/or booking fees owed to Company for the use of the Service. You may be charged a cancellation fee through the PSP if you book a Service, but cancel it before it is completed.
Third Party Payment Service Provider
Users will be required to provide their credit card or bank account details to the Company and the PSP. As a condition of BOOQA.com enabling payment processing services through the PSP, you agree to provide BOOQA.com accurate and complete information about you and/or your business, and you authorize BOOQA.com to share it and transaction information related to your use of the PSP services.
Company reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so.
Unauthorized or Illegal Use
We may decide not to authorize or settle any transaction that you submit to us if we believe in our sole discretion that the transaction is in violation of these Terms of Service or any other BOOQA.com agreement, or that it exposes Professionals, other BOOQA.com Users, the PSP or BOOQA.com to harm. Harm includes fraud and other criminal acts as determined by BOOQA.com in our sole discretion. If we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement.
BOOQA.com works with any NZ-issued and most non-NZ issued credit cards ("Cards") with a Visa, or MasterCard logo. We may remove or add Cards that we accept at any time without prior notice. We will generally only process Cards that receive an authorization from the applicable Network and Card issuer.
If applicable, you agree to pay the applicable fees for use of the Services ("Fees"). Subject to the terms of these Terms of Service, we reserve the right to change our Fees immediately upon notice. You must agree to the change in Fees to continue to use the Services. To withdraw your consent, you will need to close your Account. All balances and all Fees, charges, and payments collected or paid through the Services are denominated in US dollars.
Professionals, as a separate entity from BOOQA.com, are solely responsible for all customer service issues relating to such Professional's goods or services, including without limitation, any Services, pricing, order fulfilment, order or appointment cancellation, returns, refunds and adjustments, rebates, functionality and warranty, and feedback concerning experiences with such Professional, any personnel, their policies or processes. As between Clients and BOOQA.com, BOOQA.com is solely responsible for customer service issues relating to any Account, payment, Card processing, debiting or crediting.
Professional's Loyalty Programs
Professionals may offer loyalty programs to Clients. If a Professional offers such a loyalty program, the Professional (and not BOOQA.com) is responsible for ensuring that its program and any associated rewards are compliant with applicable federal and state laws, including laws governing prepaid cards and special offers such as rebates and coupons. The Professionals agree to make available to Clients any terms and conditions applicable to such Professional's loyalty program.
The Company may from time to time provide certain programs, promotions, opportunities, sweepstakes and contests to Clients ("BOOQA.com Programs"). BOOQA.com may at any time in its sole discretion, change, modify, add to, supplement or delete the terms and conditions of any BOOQA.com Program, including without limitation changing the name, fees and eligibility requirements to participate in such BOOQA.com Program. The Company will endeavour to notify you of any material changes by email, but will not be liable for any failure to do so. In any case, the liability of any of Company's partners pursuant to such BOOQA.com Programs shall be limited as described in these Terms of Service, including but not limited to Section 12 of these Terms of Service.
The BOOQA.com Programs may, among other things, offer certain benefits to Clients for referring Professionals or Clients to the Services. The BOOQA.com Programs may offer certain premium services for additional fees to certain Users. Currently, each User will have the choice to join that BOOQA.com Program, however, in the future, the participation in certain of the BOOQA.com Programs may become mandatory for certain Users.
The Company's general terms and conditions for promotional offers (including offers where you must redeem a promotional code as part of the offer) that are not otherwise described or made available on the Website or mobile application can be requested from firstname.lastname@example.org.
If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you must terminate, and immediately stop using, the Services.
Use of Services; Limitations and Changes to the Services.
We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and BOOQA.com shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. BOOQA.com has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.
We will make reasonable efforts to keep the Services operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which we will endeavour to provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems or Internet service provider failures or delays.
As a User of the Services, you agree to follow all applicable rules and laws and take full responsibility for any promotion you offer via the Services.
When you publish content or information using the "public" setting, it means that everyone, including people outside of the BOOQA.com community, will have access to that information and we may not have control over what they do with it.
We always appreciate your feedback or other suggestions about BOOQA.com, but you understand that we may use them and you hereby grant us all rights to such suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep BOOQA.com safe and spam free, but can't guarantee it. In order to help us do so, you agree not to:
· send or otherwise post unauthorized commercial communications (such as spam) on the Services.
· collect Users' content or information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
· engage in unlawful multi-level marketing, such as a pyramid scheme, on the Services.
· upload viruses or other malicious code.
· solicit login information or Account IDs or access an account belonging to someone else.
· bully, intimidate, or harass any User.
· post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
· develop, advertise or otherwise market alcohol-related or other mature content.
· use BOOQA.com to do anything unlawful, misleading, malicious, or discriminatory.
· do anything that could disable, overburden, or impair the proper working of BOOQA.com or the Services, such as a denial of service attack.
· facilitate or encourage any violations of these Terms of Service.
To make sure we are able to provide a service to our Users and customers, we need to make sure our pages are accurate and up-to-date. To help us do so, you agree to:
· keep your Registration Data and contact information accurate and up-to-date.
· keep your Account IDs and Account information confidential and to not share your login information or Account IDs, let anyone else access your Account, or do anything else that might jeopardize the security of your Account.
You should not share any protected health information with service providers via the Services. The Services are not intended to be used to communicate protected health information, and it is not intended to be compliant with the Health Insurance Portability and Accountability Act (HIPAA). The term "protected health information" means any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. If you do share any protected health information, you do so at your own risk.
· The Services contains content and technology of the Company that is protected by copyright, trademark, patent, trade secret and other laws. The Company owns intellectual property rights to any protectable part of the Services, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the "Company Property"). You may not copy, modify, or reverse engineer any part of the Services or the Company Property.
In order to operate the Services, the Company needs to make certain use of your publicly posted Content. Therefore, by posting, uploading or submitting to BOOQA.com, or making available for inclusion in publicly accessible areas of BOOQA.com, any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights (collectively, "Content"), you represent that you have full authorization to do so. You also hereby grant BOOQA.com a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such Content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such Content on BOOQA.com and will terminate at the time such Content is removed from the Services by you or by BOOQA.com; provided that the license will not terminate and will continue notwithstanding any removal of the Content or termination of your use of the Services to the extent that BOOQA.com needs to use such Content in connection with any investigation or in compliance with any laws.
· You agree not to post any images containing written text or text overlays. Images may not have symbols or text-images anywhere in the photo, including but not limited to shapes, logos, or emoticons, etc. BOOQA.com reserves the right to remove or hide or change any images without notice.
When you delete Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others).
You acknowledge that all derivative designs and artwork which utilize the Company's logo or other Company Property (collectively, "Derivative Works") are the sole property of the Company. No other rights are granted to you with respect to the Company Property other than those rights granted explicitly herein, including with respect to any Derivative Works.
Any Content posted by a User belongs to the person that posted such Content. You may use any Content posted by you in any way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.
The Company reserves the right to remove or hide any Content from the Services, at its sole discretion.
The Company respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of Users who the Company, in its determination, believes have repeatedly infringed others' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Company's copyright agent via email to copyright@BOOQA.com or by mail to BOOQA.com, Attn: Copyright Agent, 218a Clara Street, San Francisco, CA 94107:
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
· a description of the copyrighted work or other intellectual property that you claim has been infringed;
· description of where the material that you claim is infringing is located on the site, including a url link;
· your address, telephone number, and email address;
· a statement by you that you have a good faith belief that the disputed use is not authorized or consented to by the copyright owner, its agent, or the law; and
· a statement by you, made under penalty of perjury, that the above information in your notice is completely accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
The Company reserves the right to send Clients a newsletter from time to time if they opt-in to receiving one. This communication will be highly targeted based on how each Client uses BOOQA.com and will be designed to inform Clients of how to get more value from the Services.
As part of the Services, the Company offers Professionals the option to send SMS and email messages to their Clients for various reasons such as reminding them of an upcoming appointment. By agreeing to these Terms of Service and using such tools, each Professional represents that it has permission from each Client to send SMS and email notifications and that each Professional takes full responsibility for adhering to each Client's preference with respect to such notifications.
As part of the Services, the Company may send SMS messages to Users concerning product developments, marketing communications, and other information regarding the Services. The Company may also send SMS messages to Users regarding upcoming appointments and other reminders using a short code text messaging service. The following guidelines apply to the Company's short code text messaging service:
· When Users opt-in to the service, we will send you an SMS message to confirm your signup.
· You can cancel the SMS service at any time. Just reply to the received SMS with keyword "STOP". After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
· If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
· If at any time you forget what keywords are supported, look for help available on the website.
· After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
· We are able to deliver messages to the following mobile phone carriers:
· Major carriers: Vodafone, Spark, 2 Degrees, other NZ & AU carriers.
· As always, message and data rates may apply for any messages sent to you from us and to us from you. You may receive messages including but not limited to requests for appointments, appointments booked, reminders for appointments, tips, and payment receipts. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to support@BOOQA.com.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND YOU AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH OTHER PROFESSIONALS AND CLIENTS AND IN THE PROVISION OR RECEIPT OF SERVICES. BOOQA.COM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. BOOQA.COM IS UNDER NO OBLIGATION TO, AND DOES NOT ROUTINELY, SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ANY USER. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE SERVICES OR THROUGH THE SERVICES OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER PARTICIPANTS OR USERS.
IT IS POSSIBLE FOR OTHERS TO OBTAIN PERSONAL INFORMATION ABOUT YOU DUE TO YOUR USE OF THE SERVICES OR SERVICES, AND THAT THE RECIPIENT MAY USE SUCH INFORMATION TO HARASS OR INJURE YOU. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON THE SERVICES OR THROUGH THE SERVICES. YOU UNDERSTAND THAT IN USING THE SERVICES, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURE THAT IS NOT UNDER BOOQA.COM'S CONTROL (SUCH AS THIRD-PARTY SERVERS). BOOQA.COM MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURE.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOOQA.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BOOQA.COM MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BOOQA.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF SERVICES OFFERED OR PROVIDED BY PROFESSIONALS OR REQUESTED BY CLIENTS THROUGH USE OF THE SERVICES WHETHER IN PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS OR ABOUT THE ACCREDITATION, REGISTRATION OR LICENSE OF ANY PROFESSIONAL.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOOQA.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability and Release
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOOQA.COM OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) SERVICES FACILITATED BY THE SERVICES OR ANY INTERACTIONS BETWEEN USERS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY USER; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SERVICES OR YOUR DATA OR TRANSMISSIONS; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
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.
BOOQA.COM EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE SERVICES. BECAUSE BOOQA.COM IS NOT INVOLVED IN THE ACTUAL INTERACTIONS BETWEEN PROFESSIONALS AND CLIENTS OR IN THE PROVISION OF ANY SERVICES, YOU HEREBY RELEASE AND FOREVER DISCHARGE BOOQA.COM AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF SERVICES OR OTHERWISE.
You agree to defend, indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney's fees) arising from or relating to: (i) your use of and access to the Services; (ii) Services facilitated by the Services or any interaction between you and another user; (iii) your violation of any term of these Terms of Service; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services. This defense and indemnification obligations will survive the termination of these Terms of Service and your use of the Services.
To expedite resolution and the cost of any dispute, controversy or claim related to these Terms of Service ("Dispute"), you and BOOQA.com agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to BOOQA.com. BOOQA.com's address for such notices is BOOQA.com, 907F Mount Eden Road, Auckland – 1024 Attention: Legal.
If you and BOOQA.com are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Services (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. ONLY BOOQA HAS THE RIGHT TO CHOOSE THE ARBITRATOR. YOU UNDERSTAND THAT BOOQA ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL.
Your arbitration fees and your share or arbitrator compensation will be governed by BOOQA. If your claim for damages does not exceed NZD 5,000, BOOQA.com will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms of Service, you and BOOQA.com may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action or Representative Proceeding.
You and BOOQA.com agree that any arbitration will be limited to the Dispute between BOOQA.com and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND BOOQA.COM ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and BOOQA.com otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
Location of Arbitration.
Arbitration will take place in Auckland, New Zealand. You and BOOQA.com agree that for any Dispute not subject to arbitration (other than claims proceeding in any refunds as agreed by BOOQA.
Right to Opt out of Arbitration and Class Action/Jury Trial Waiver.
You may opt out of the foregoing arbitration and class action/jury trial waiver provision of these Terms of Service by notifying BOOQA.com in writing within 30 days of the date your first registered for the Services or a Subscription or 30 days from the date these Terms of Service were last updated . To opt out, you must send a written notification to BOOQA.com at BOOQA.com, POX BOX 12345 AUCKLAND, Attention: Legal, that includes (a) your user identification, (b) your name, (c) your address, (d) your telephone number, (e) your email address and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver sections.
You and BOOQA.com agree that, other than as set forth under the subsection entitled "Waiver of Right to be a Plaintiff or Class Member in a Purported Class Action or Representative Proceeding" in Section 15 above, if any portion of Section 15 entitled "Dispute Resolution" is found illegal or unenforceable, that portion will be severed and the remainder of these Terms of Service will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled "Exceptions to Alternative Dispute Resolution" in Section 15 is found to be illegal or unenforceable, neither you or BOOQA.com will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Auckland, and you and BOOQA.com agree to submit to the personal jurisdiction of that court.
Except as expressly provided otherwise, these Terms of Service are governed by, and will be construed under, the laws of the New Zealand, without regard to choice of law principles.
Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, the enforceability of Section 15 entitled "Dispute Resolution" shall be dictated by BOOQA..
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.