- ACCOUNT CREATION
- In order to access our booking platform, both Merchants and End Users need to create an
account (“Account”). You must ensure the Account must only be accessed by you. The
information
you give us must be accurate, complete and at all times up to date.
- We may need to use this information to contact you.
- You are responsible for the activity on your Account. You must be at least 16 years of age
to use the Go Book Me In platform.
- On creation of an Account you will be required to setup your username or password, or use
your social media login. Please safeguard your account information including username and
passwords and don’t allow other persons to access your Account. You are solely responsible
for
any activity on your Account and for maintaining the confidentiality and security of your
passwords. We’re not liable for any acts or omissions by you or anyone else in connection
with
your Account. You must immediately notify us if you know or have any reason to suspect that
your
Account or password have been stolen, misappropriated or otherwise compromised or in case of
any
actual or suspected unauthorised use of your Account. We recommend changing your password
frequently, you can use the ‘forgotten password’ link on our Service to change your
password.
- The Services provided are not intended for and may not be used by children under the
age of 16. By using the Services, you confirm that you're at least 16. If you’re under the
age
of 18, depending on where you live, you may need to have your parent or guardian’s consent
to
this Agreement and they may need to enter into this Agreement on your behalf.
- OUR RIGHTS
- To operate effectively and protect the security and integrity of Go Book Me In, we need to
maintain control over our Services.
- We reserve these rights, which we may exercise at any time and in our sole discretion, and
without liability or notice to you (except where prohibited by applicable law) we may change
parts or all of the Services and their functionality.
- We may suspend or discontinue parts or all of the Services.
- We may terminate, suspend, restrict or disable your access to or use of parts or all of the
Services. we may terminate, suspend, restrict or disable access to your Account.
- PRIVACY
- Our Privacy Policy explains how we collect, use and share your
personal information for our
own
purposes. Be sure to read it carefully, but note it is not part of this Agreement and can
change.
- TERM AND TERMINATION
- Either of us can end this agreement at any time.
- This Agreement will remain in effect until terminated by either you or us. You may
terminate this Agreement at any time via the Services. We reserve the right to change,
suspend
or discontinue, or terminate, restrict or disable your use of or access to, parts or all of
the
Services or their functionality at any time at our sole discretion and without notice. This
includes the Reserve with Google booking service provided by Google (Alphabet Inc.). We may
suspend or terminate your use of part or all of the Services if you violate these Terms. We
will
endeavour to provide you reasonable notice upon suspending or terminating part or all of the
Services.
- WARRANTY DISCLAIMERS
- Services are provided as is, without warranties.
- To the fullest extent permitted by applicable law, Go Book Me In Ltd makes no warranties, either express or implied, about the Services. The
Services
are provided “as is” and “as available”. We disclaim any warranties of merchantability,
fitness
for a particular purpose and non-infringement. No advice or information, whether oral or
written, obtained by you from Go Book Me In Ltd, shall create any warranty. Go Book Me In Ltd makes
no warranty or representation that the Services will be timely, uninterrupted or error-free;
or
meet your requirements or expectations; or be free from viruses or other harmful components.
- LIMITATION OF LIABILITY
- Should something go wrong as a result of you using the Go Book Me In platform, our liability
is
capped.
- Unless you are an EU Consumer, you acknowledge and agree that to the fullest extent
permitted by
applicable law, in no event will Go Book Me In Ltd and its affiliates and its and their
directors,
officers, employees and agents be liable with respect to any claims arising out of or
related to
the Services or this Agreement for: (a) any indirect, special, incidental, exemplary,
punitive
or consequential damages; (b) any loss of profits, revenue, data, goodwill or other
intangible
losses;(c) any Losses (as defined below) related to your access to, use of or inability to access
or
use parts, some or all of your Account; (d) any Losses related to unavailability,
degradation,
loss, corruption, theft, unauthorised access or, unauthorised alteration of, any content,
information or data, including without limitation Your data; (e) any Content you provide or
other conduct or content of any user or third party using the Services, including without
limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third-party websites accessed via the Services. If you are an EU Consumer, we
shall, despite any other provision in this Agreement, provide the Services with reasonable
care
but will not be liable for any losses which were not a reasonably foreseeable consequence of
our
breach of this Agreement (except in relation to death or personal injury resulting from our
negligence or fraud). These limitations apply to any theory of liability, whether based on
warranty, contract, tort, negligence, strict liability or any other legal theory, whether or
not
Go Book Me In Ltd has been informed of the possibility of such damage, and even if a remedy
set
forth in this Agreement is found to have failed its essential purpose. To the fullest extent
permitted by applicable law (whether or not you are an EU Consumer),
- END USER COMPLAINTS AND REFUNDS
- Go Book Me In Ltd are not responsible for complaints or refunds for
Services provided by our
Merchants. End Users should seek resolution of complaints and possible refunds with the
Merchants
providing the bookable service.
- MERCHANT USER SPECIFIC TERMS
- Account Representatives.
- Your “Account Representatives” are your employees or agents
that
you
designate to be your primary points of contact for the Go Book Me In Account. You
agree to make
all your communications with Go Book Me In Ltd regarding your account through your
Account
Representatives.
- Services may be limited to your Account Representatives.
We will assign an “Administrator” that: (a) will serve as your primary point of contact at
Go Book Me In Ltd for your Account.
- Your Account
"Your Account" means the areas of the platform promoting the services you provide to your
End
Users.
- Your Content
- Merchants using our Service may provide content to us this can be in form of but
not limited to text, images, logos or any other material to promote your services,
this
is known as (“Merchant User Content”). Your Merchant User Content is yours and stays
yours.
- The service and product content you upload to the Go Book Me In Platform, is
yours and you still own it, however, you give us permission to use it, store,
provide,
improve or promote our services. You give us the right to store the content and
display
it to promote our product and services. You give us the right to feature Your
Account
(but not your appointment booking pages) or names, trademarks, service marks or
logos
included on Your Account for the limited purpose of marketing and promotional
activities.
- Merchant Responsibilities
-
It is your responsibility to ensure content you publish on Go Book Me In is legal and you
are
allowed to use it for public viewing, you also agree that the content you upload and promote
is
owed by you and you have all rights to your Merchant User Content or otherwise have (and
will
continue to have) all rights and permissions necessary to use, share, display, transfer and
licence your Merchant User Content via the Services and in the manner set forth in this
Agreement. If we use your Merchant User Content in the ways described in this Agreement, you
represent and warrant that such use will not infringe or violate the rights of any third
party,
including without limitation any copyrights, trademarks, privacy rights, publicity rights,
contract rights, trade secrets or any other intellectual property or proprietary rights.
Also,
content on the Services may be protected by others' intellectual property, trade secret or
other
rights. Please don't copy, upload, download or share content unless you have the right to do
so
and ensure you have the correct licence agreements in place before uploading content to our
platform.
- Your (Merchant) responsibility for your End Users
- Your Account And Your End Users Are Your Responsibility. As a Merchant you may have your own
clients, customers and users (“End Users”). You understand and agree that (a) Your Account
and
your End Users are your responsibility; (b) you’re solely responsible for providing
products,
services and support to your End Users; (c) you’re solely responsible for compliance with
any
laws or regulations related to Your Account and/or your End Users. (d) You are solely
responsible for End User disagreements, complaints and refunds. We’re not liable for, and
won’t
provide you with any legal advice regarding, your Account or your End Users
- Your responsibilities for the services and products you provide.
- You're solely
responsible
for the services you provide (“Your Service”), and compliance with any laws or
regulations
related to the, including without limitation the following:
- Taxes. You're solely responsible for: (a) all Taxes and fees associated with Your
Service, including without limitation any Taxes related to the purchase or sale of
products
or services in connection with Your Service; (b) collecting, reporting and remitting
required Taxes to relevant government authorities; (c) informing your End Users of
required
Taxes, and providing them with invoices as required by applicable law; (d)
monitoring
distance sales thresholds in the EU and other indirect Taxes (such as value-added
tax or
goods and services tax) and registration thresholds in the countries where you have
customers or where you ship goods to or provide services to; and (e) registering for
indirect Taxes in countries where you are required to register. We do not give tax
advice,
and nothing we communicate should be interpreted as such.
- Fulfilment And Delivery of Your Service
You're solely responsible for fulfilling and delivering your products and services to your
End
Users.
- Claims And Warranties
You're solely responsible for any claims or warranties you make in connection with Your
Service
and any claims made by End Users against you.
- Customer Service
You're solely responsible for handling any comments or complaints related to Your Service,
including without limitation any issues related to payments, promotions, refunds or
chargebacks.
You agree to provide accurate and complete contact information on Your Service so that your
End
Users can submit comments or complaints to you.
- You agree to display and make clearly, and any other terms or policies that may be
required by applicable law, and you warrant that Your Services and your conduct will comply
with all applicable laws and regulations.
- Consumer, eCommerce And Other Laws
You are also responsible for complying with any consumer, eCommerce, products, goods,
services
and related laws.
- Restrictions on the Services and Products you offer
You may not offer or sell any products or services which, in our sole discretion: (a) we
consider hazardous, counterfeit, stolen, fraudulent, abusive or adverse to our interests or
reputation; (b) are prohibited for sale, distribution or use; or (c) otherwise fail to
comply
with any applicable laws or regulations, including without limitation with respect to
intellectual property, trade secrets, privacy or publicity rights, consumer protection,
shipping
or transportation, product safety or trade regulations or export controls, regulations or
sanctions.
- Account Suspensions
While we’d prefer not to, we may, at any time and in our sole discretion, and without any
notice
to you, suspend, restrict or disable access to or remove your Account, Your Services,
without
any liability to you or to any End Users, including without limitation for any loss of
profits,
revenue, data, goodwill or other intangible losses (except where prohibited by applicable
law).
Accounts which we may find inactive (due to no bookings placed by Merchants Users or no
interaction of Merchant Users and Merchants on our Platform), will automatically be
disabled.
Merchants will need to contact [email protected] to reactivate their account.
- Payment Processors
To accept payments from your End Users in connection with Your Services, you may integrate
Your
Account with third our party payment processor (“Payment Processors”). We currently provide
integration with Stripe. If you enable card payment features through our Services you agree
to
also agree to Stripes terms and policies. We don’t control and aren’t liable for any Payment
Processor, or for any transaction you may enter into with or through any Payment Processor.
Payment Processors are a Third Party Service. While we will try to provide advance notice,
you
agree that we may, at any time and in our sole discretion, and without any notice to you,
suspend, restrict or disable access to or remove from the Services, any Payment Processors,
without any liability to you or to any End Users, including without limitation for any loss
of
profits, revenue, data, goodwill or other intangible losses (except where prohibited by
applicable law). Your Payment Processor may provide invoices for any transaction fees
associated
with Your transactions.
- INDEMNIFICATION
- To the fullest extent permitted by law, you agree to indemnify and
hold harmless Go Book Me In Ltd and
its affiliates and its and their directors, officers, employees and agents from and against
all
damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind
(including without limitation reasonable lawyer fees and costs) (collectively, "Losses")
arising out
of or related to: (a) your breach of this Agreement; (b) your Content, Your Account and Your
Services; (c) any claims by, on behalf of or against your End Users; (d) your violation of
any law
or regulation or the rights or good name of any third party; and (e) any claims from tax
authorities
in any country in relation to Your operations, including without limitation your sales to
individual
consumers (including distance sales) and other operations for which Go Book Me In Ltd may be
held
jointly and severally liable. Your indemnification obligations under this Section shall not
apply to
the extent directly caused by our breach of this Agreement or, where you are an EU Consumer,
to the
extent that the consequences were not reasonably foreseeable.
- MODIFICATIONS
- We may modify this Agreement from time to time, and will post the most
current version on our website
and applications. If a modification meaningfully reduces your rights, we’ll notify you (by,
for
example, sending you an email or displaying a prominent notice within the Services). The
notice will
designate a reasonable period after which the new terms will take effect. Modifications will
not
apply retroactively. By continuing to use or access the Services after any modifications
come into
effect, you agree to be bound by the modified Agreement and price changes. If you disagree
with our
changes, then you must stop using the Services and cancel all Paid Services.
- EVENTS BEYOND OUR CONTROL
- We are not in breach of this Agreement or liable to you if there is
any total or partial failure of
performance of the Services resulting from any act, circumstance, event or matter beyond our
reasonable control. This may include where such results from any act of God, fire, act of
government
or state or regulation, war, civil commotion, terrorism, insurrection, inability to
communicate with
third parties for whatever reason, failure of any computer dealing or necessary system,
failure or
delay in transmission of communications, failure of any internet service provider, strike,
industrial action or lock-out or any other reason beyond our reasonable control.
- SERVICE AND PRICE CHANGES
- We may modify Services from time to time, and will make them available
on our Websites, Services or
Applications. If a modification meaningfully reduces your rights, we may notify you in
accordance
with the procedures set forth in our Terms. By continuing to use or access any of the
Services
referred to herein after any modifications come into effect, you agree to be bound by the
modified
Terms and price changes. If you disagree with our changes, then you must stop using the
applicable
Services and cancel the applicable any Paid Services.
- COPYRIGHT
- We reserve the right to delete or disable services and its content alleged to be infringing, and
to
terminate Accounts of repeat infringers without any refunds.
- PAID SERVICES AND FEES
- Certain Services on our platform are paid services. This section explains how we handle
payments for those paid services. For certain paid services, such as subscriptions, we’ll
automatically bill you in regular intervals (such as monthly or annually) unless you disable
auto-renewal or cancel your subscription. You can do that anytime.
- Fees. You can access certain portions of the Services by submitting a fee payment (such
services, “Paid Services”). Paid Services will remain in effect until cancelled or
terminated in
accordance with this Agreement. We’ll tell you about fees for Paid Services before charging
you.
You may cancel Paid Services at any time by contacting Go Book Me In Support Team at [email protected] .
Your Booking functionality on Reserve with Google may take upto 72 hours to remove, and some cases longer.
If you don't pay for Paid
Services on
time, we reserve the right to suspend or cancel your access to the Paid Services. Please
note
that different Paid Services have different fees and payment schedules, and cancelling one
Paid
Service may not cancel all your Paid Services.
- To ensure uninterrupted service, we'll automatically bill you for certain Paid Services
from the date you submit your initial payment and on each renewal period or amount
afterwards
until cancellation. Your renewal period will be equal in time or amount to the renewal
period of
your current subscription. For example, if you're on a monthly subscription plan, each
billable
renewal period will be for one (1) month. We’ll automatically charge you the applicable
amount
using the payment method you have on file with us and by agreeing to this Agreement, you
authorise us to do this. We’ll let you know in advance if you’re purchasing a Paid Service
that
includes auto- renewal payments. You can disable auto-renewal at any time via the Accounts
page
.
- Refunds. While you may cancel any Paid Services at any time, you won't be issued a refund
except in our sole discretion, or if legally required. Some of the Paid Services offer a
free trial so you can try out your subscription. Please note applicable statutory rights of
cancellation may not result in a refund, as we do not charge for trial periods.
- Fee Changes. We may change our fees at any time. We’ll provide you with advance notice of
these fee changes via the Services. New fees will not apply retroactively. If you don't
agree
with the fee changes, you have the right to reject the change by cancelling the applicable
Paid
Service before your next payment date.
- Chargebacks. If you contact your bank or credit card company to decline, chargeback or
otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a
payment made to us, we encourage you to contact us before filing a Chargeback. We reserve
our
right to dispute any Chargeback.
- Payment Processors. We use third party payment processors (each, a “Payment Processor”) to
bill you through a payment account linked to your Account. The processing of payments will
be
subject to the terms, conditions and privacy policies of the Payment Processor, in addition
to
this Agreement. Except for payments made through mobile app stores, our current Payment
Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s
terms
of service and privacy policy. You agree to pay us, through the Payment Processor, all
charges
at the prices then in effect for any purchase in accordance with the applicable payment
terms.
You agree to make payment using the payment method you provide with your Account. We reserve
the
right to correct, or to instruct our Payment Processor to correct, any errors or mistakes,
even
if payment has already been requested or received.
- REDIRECT SUBSCRIPTIONS
- Site Submissions to our platform. A ("Site") is defined as a single Google Business Profile associated to a Merchant, a Merchant can have many sites associated to their Go Book Me In Account and each site can be submitted to the platform for the addition of booking functionality.
To initiate a site submission request for your site(s), you will need to email our Support Team at [email protected]. You will be able to submit single or multiple requests in an agreed-upon format to upload your site information. For more details, please contact our Support Team.
We will submit your sites for Reserve with Google verification and submission to our platform. This process may take up to 72 hours to complete for each site submission. Google may reject your submission for reasons that we may not be able to you rely back to you. It will be your duty to ensure your Google Business Profile is verified and each site submission is error-free and free from duplicates. We will reject site submissions that have failed the submission process and notify you of the failure.
- Invoice and Payment of Submitted Sites. We will invoice or provide a payment link to you for each site submission request.
- Multiple Site Submissions. If you submit multiple site submission requests, we may set up separate monthly subscriptions or request a pro-rata payment, and bill you accordingly.
- OTHER IMPORTANT TERMS
- No part of this Agreement is intended to confer rights on any third parties.
- No failure or delay by either Party in exercising any of its rights under this
Agreement
shall be deemed to be a waiver of that right.
- All notices under this Agreement shall be in writing and addressed to the most
recent
(e-mail) address of the other Party.
- This Agreement contains the entire agreement between the Parties.
- Each Party acknowledges that, in entering into this Agreement, it does not rely on
any
representation, warranty or other provision except as expressly provided in this
Agreement, and
all conditions, warranties or other terms implied by statute or common law are
excluded to the
fullest extent permitted by law.
- In the event that one or more of the provisions of this Agreement is found to be
unlawful,
invalid or otherwise unenforceable, that / those provision(s) shall be deemed
severed from the
remainder of this Agreement. The remainder of this Agreement shall be valid and
enforceable.
- Each party agrees that this Agreement herewith may be electronically signed, and
that any
electronic signatures appearing on this Agreement are the same as handwritten
signatures for the
purposes of validity, enforceability, and admissibility. For the purpose of clarity,
the
following shall qualify as electronic signature: a) Checking a box or a ‘click to
accept’
button; or b) By proceeding when prompted to confirm you have read our privacy policy and our terms & conditions
or c) Typing a name; or d) Pasting an image of a signature; or e) Drawing a
name or
initial with a stylus or by hand on a touchpad; and f) Electronically signing using
an available
third-party software application.
- The Parties shall attempt to resolve any dispute arising out of or relating to this
Agreement through negotiations. If negotiations do not resolve the matter within 30
days of
receipt of a written invitation to negotiate, the parties will attempt to resolve
the dispute in
good faith through an agreed Alternative Dispute Resolution (“ADR”) procedure. If
the ADR
procedure does not resolve the matter within 30 days of the initiation of that
procedure, or if
either Party will not participate in the ADR procedure, the dispute may be referred
to
arbitration by either Party.
- These Terms and the relationship between you and us shall be governed by and
construed in
accordance with the laws of England and Wales.
