1. ACCEPTANCE OF TERMS
bookingcloud.au owns and provides various Sites, services, and software that facilitate online scheduling of appointments (collectively, the “Services”) via bookingcloud.au and/or its sub-domains, mobile sites, mobile applications (collectively the “Sites”). In these Terms of Service, we may refer the applicable contracting entity, as specified in the ‘Contracting Entity and Applicable Law’ section, as “bookingcloud.au,” “us,” or “we”.
“You”, “yourself”, “Client” shall refer to any natural person or any legal entity and its authorized Users that subscribe or use the Services. bookingcloud.au and the Client may be individually referred to as a “Party” and collectively referred to as the “Parties”.
By creating the Account with bookingcloud.au and accessing the Sites and the Services, you agree that you are authorized to accept the terms set forth below (the “Terms of Service”, or “Service Agreement”) on behalf of yourself or the entity that you represent. You represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). Any and all use of the Services is subject to these Terms of Service. If you do not agree with all of the provisions of these Terms, do not access and/or use the Platform. By continuing to use the Services, you agree to be bound by these Terms of Service.
You agree to be bound by and adhere to these Terms of Service, and confirm to us that you have the authority to enter into this Service Agreement on behalf of your company or business. Your usage of our services will be taken to mean that you have accepted the Terms of Service, and agreed to be bound by them.
Modifications and changes to this Service Agreement
bookingcloud.au reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Service at any time, with or without notice to you. Please check these Terms of Service, available on the bookingcloud.au Sites periodically for changes. Your continued use of the Services after the posting of any changes to the Terms of Service will signify your acceptance of those changes.
We may change these terms at any time, so you need to check back here regularly to make sure you know the changes we’ve made, and understand the updated changes. Your continued use of the Services will signify your acceptance of these changes.
These Terms of Service are also applicable to the staff members who gain access to your account. You must make sure they are aware of and understand these Terms of Service, as well.
BY ACCEPTING THIS SERVICE AGREEMENT, EITHER BY (I) CLICKING A BOX INDICATING YOUR ACCEPTANCE; OR (II) BY EXECUTING AN ORDER FORM THAT REFERENCES THIS SERVICE AGREEMENT; OR (III) BY DIGITALLY OR MANUALLY SIGNING THIS SERVICE AGREEMENT, YOU AGREE TO THE TERMS OF THIS SERVICE AGREEMENT. IF YOU ARE ENTERING INTO THIS SERVICE AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “CLIENT” OR “CLIENTS” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS SERVICE AGREEMENT AND YOU MAY NOT USE THE SERVICE
By signing this Service Agreement or checking an “agree” box, you are agreeing to abide by the full terms of the legal Service Agreement.
It is your responsibility to use the Services properly and effectively. By using the Services, you warrant that you will use the Services only for the purposes advertised on the bookingcloud.au Sites, that you are a valid business desiring to use the Services to advertise your business and generate online appointments from End Users using the Services, and that any contact information you provide, such as email addresses and phone numbers, is valid and active contact information for you. Any breach of this section will result in termination of your account. We reserve the right to pursue any remedies available to us at law or in equity for any breach of this Section.
You are responsible for using bookingcloud.au properly and effectively, as advertised. You confirm that your business identity is true and genuine. This Service Agreement can be terminated if the above information is found to be incorrect or untrue.
“Aggregate Data”: refers to the aggregate User Data, in anonymized form, solely for statistical purposes and for improving the functionality and operation of the Services.
“bookingcloud.au Data”: Proprietary Information of bookingcloud.au which includes non-public information regarding features, functionality and performance of the Service.
“Client”: means any natural person or any legal entity and its authorized Users that subscribe and use the bookingcloud.au Services to reach out to their End Users.
“Client Data”: Proprietary Information of Client which includes non-public, electronic data or information provided by Client to bookingcloud.au to enable the provision of the Services, including but not limited to the information of Users and Client’s End Users, the reports and analyses provided to the Client, derived from its use of the Service.
“Content”: Materials, including but not limited to text, software, data, images, graphics, photos, audio, audio-visual, videos, and content of any nature provided by bookingcloud.au (“Content”)
‘End User’: refers to End Users or end users of Clients who schedule or book appointments through the end user facing interface provided by bookingcloud.au Sites. End Users sign this End User Agreement when they schedule or book appointments with the Client which governs their use of the Services and their legal relationship with the bookingcloud.au Clients.
“End User Account”: refers to the access account created for the End Users to interact with bookingcloud.au Clients. Terms related to creation and use of such End User Account is provided here.
“User”: means individual employees or agents of Client who are authorized by Client to use the Service on its behalf.
3. SCOPE OF SERVICE AGREEMENT
4. DIRECT RELATIONSHIP BETWEEN bookingcloud.au CLIENTS AND END USERS
End User agrees that apart from their limited use of bookingcloud.au Sites to book and schedule appointments with bookingcloud.au Clients under this End User Agreement, there is no direct or legal relationship between bookingcloud.au and End User. All settlement with respect to all the payments/refunds/cancellations of services that bookingcloud.au Client or Clients are extending to the End User shall be managed directly between bookingcloud.au’s Clients and such End User in accordance with the terms and conditions agreed upon between bookingcloud.au’s Clients and such End User.
bookingcloud.au shall bear no responsibility whatsoever with regards the commercial or legal relationship between bookingcloud.au Clients and End Users.
5. CHANGES TO THE SERVICES
bookingcloud.au has the right to change or modify, upgrade, add to, or discontinue the Services or any portion or feature thereof at any time without notice. bookingcloud.au also reserves the right to assign any rights, licenses, or obligations arising out of or relating to these Terms of Service without restriction.
We may change or discontinue particular features or functions of our Services at any time.
You must register to access and use the Services. If you are registering on behalf of a company, by registering you agree that you have the requisite authority to register on behalf of such company. The email address you provide during your registration will be the login for your bookingcloud.au account. Each account must have a unique email address and you agree that you shall not attempt to create more than one account under the same email address.
If you are registering on behalf of an organisation, you should have the permission from your organisation to do so. Your account will be registered under the email address you provide during the sign-up. You agree that you will not create multiple accounts using the same information.
You represent that any information you provide during registration or at any time thereafter is true, accurate and complete and that you will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so shall constitute a breach of these Terms of Service. You shall be responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account and under your password, whether or not made with your knowledge or authority. You further agree that any credit card or payment gateway information you provide during registration or at any time thereafter is valid and that you have authority to authorize payments from such credit card or accounts.
You confirm that all information you’ve provided is correct/accurate, and valid. You are responsible for keeping your password safe, and all actions undertaken under your account. You confirm that the payment details provided by you are either yours, or you have authority to use them.
By registering, you agree that you will use the Services only for the purposes advertised on the bookingcloud.au website or in other marketing material published by bookingcloud.au, that you are a valid business desiring to use the Services to advertise your business and generate online appointments from consumers using the Services, and that any contact information you provide, such as email addresses and phone numbers, is valid and active contact information for you.
You confirm that you are a genuine business and agree to using bookingcloud.au only for the purposes described on our website, and that the contact information you’ve provided is valid and active.
7. FEES; PAYMENT TERMS
You agree to pay all charges as set forth on the bookingcloud.au website and/or in these Terms of Service. You agree that the address and email address you provide in your account settings are valid business addresses and that bookingcloud.au may invoice you at such addresses or through other electronic or facsimile communications. All invoices will also be accessible through your My Membership page.
Any charge invoiced to you by bookingcloud.au is exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Australian (federal or state) taxes based solely on bookingcloud.au’s income. All fees paid to bookingcloud.au by you pursuant to these Terms of Service are nonrefundable.
bookingcloud.au reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the bookingcloud.au website and will be effective immediately.
This section describes your payment obligations. You agree to pay all charges listed on the bookingcloud.au Sites, and are also responsible for the payment of any taxes, levies or duties that may be applicable. All fees are non-refundable and must be paid in advance.
8. PAYMENT AUTHORIZATION; INVOICING AND COMMISSION CHARGES
bookingcloud.au will invoice you on a monthly basis, in advance, for all amounts due to bookingcloud.au. Each invoice shall set forth the fees to be incurred by you in the forthcoming month for the Subscription Term. (a “bookingcloud.au Invoice”).
“Subscription Term” means, the period stated during which Client subscribes to the Services.
By providing a credit card or any other payment information either during registration or at any time thereafter, you warrant that such credit card or payment gateway is good and valid, and you authorize bookingcloud.au to charge such credit card or payment gateway for amounts due under the bookingcloud.au Invoices.
bookingcloud.au may invoice you on a monthly basis for charges payable to us. You confirm that bookingcloud.au has the permission to charge the credit /debit card provided by you for the payments due to bookingcloud.au, and that any payment information (credit /debit card) provided by you is valid.
Bookingcloud.au charges a commission fee when you select the Commission Plan and are approved to use the Commission Plan by Bookingcloud.au. The commission fee will be a 2.5% of the total cost of the booking and will be clearly stated in the Plan details. The commission fee will be automatically deducted from the total cost of the booking. When using this Plan, you are required to use the Stripe payment gateway for payments, it will be the only payment option available. The commission fee for the Commission Plan is subject to change, clients will be notified and changes will take affect immediately.
The commission is automatically taken from the total booking fee at the time of booking.
If you select the Commission Plan, you agree to not “game” the system and use it in good faith. Bookingcloud.au will do random periodical checks to ensure you’re not “gaming” the system. If you are found to be “gaming” the system, your account will be suspended and you will be given 5 working days to prove otherwise. Bookingcloud.au reserves the right to make the detirmination of “gaming” the system in it’s sole discretion.
In this context, the term “Gaming” means if you structure your services in a manner that reduces the booking fee to be charged through Bookingcloud.au in an attempt to reduce the amount payable through the commission and gain the balance through other means.
bookingcloud.au offers a fully functional 14 day free trial, excluding SMS service, so you can assess the suitability of the service for your requirements. For these reasons we do not offer refunds once you have signed up for a paid plan and your credit card has been charged. In order to be fair, no exceptions are made.
All payments made are non-refundable.
If, for whatever reason, bookingcloud.au charges your credit card or payment gateway pursuant to Section 7, above, and the payment does not go through, bookingcloud.au reserves the right to suspend your access to the Services. If you fail to pay the applicable invoice within 10 days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, bookingcloud.au reserves the right to cancel your account. In the event bookingcloud.au cancels your account for non-payment, all amounts due and unpaid from you to bookingcloud.au 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, bookingcloud.au reserves the right to seek payment using any remedies allowed to it by law.
If you fail to pay for your subscription fee, or any due payments, we have the right to terminate or suspend your subscription. We reserve the right to pursue any outstanding payments as per prevailing laws.
10. DISPUTED CHARGES
If you wish to dispute any charge invoiced to you by bookingcloud.au, you agree to submit the disputed charge to us no later than five (5) business days after the disputed charge has been charged to your credit card or payment gateway. You may submit a disputed charge by contacting us by email, telephone, or mail. We agree to review your message and work with you to find a timely solution.
You must inform us within 5 days of any charges that you wish to dispute.
11. ELECTRONIC COMMUNICATIONS
bookingcloud.au reserves the right to contact you from time to time for feedback about the Services and for service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, or notices posted on the bookingcloud.au Sites. Notices will be deemed effective at the time they are sent by bookingcloud.au or as of date they are posted, regardless of whether you actually read any such notices.
You permit bookingcloud.au to contact you from time-to-time with information/communication pertaining to your bookingcloud.au account through e-mail, facsimiles, text or voice messages, or notices posted on the bookingcloud.au Sites.
You may opt-out of receiving notifications regarding appointments through the Services by logging into your account and changing the notification settings; opting-out of such notifications, however, it will limit the effectiveness of the Services. You may not opt-out of receiving notifications relating to support of the Services or other notices as required by law.
You have the ability to opt-out from receiving some notifications from your account settings. Mandatory notifications cannot be opted-out of.
Any non-personally identifiable information communicated to us can be utilised by us in any manner. For example – as testimonials or reviews.
12. INTELLECTUAL PROPERTY
We grant you a license to use the Services in accordance with these Terms of Service. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Services. We reserve all rights not expressly granted in these Terms of Service.
We retain all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the “bookingcloud.au Intellectual Property”) that are the exclusive property of bookingcloud.au and/or its licensors. We do not transfer any rights in or to the bookingcloud.au Intellectual Property to you. Neither Party will acquire any right, title or interest in any Intellectual Property belonging to the other Party.
Content of the Services that incorporates or includes any of the bookingcloud.au Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of bookingcloud.au or the rightful owner, as applicable.
While we have granted you a license to use our product, we are the sole owner of all intellectual property rights (such as trademarks, copyright, patents, etc.) in our product and related services. This Service Agreement does not convey any ownership or right to use, copy, or alter our product in any way, other than as specifically stated in this Service Agreement. Similarly, this Service Agreement does not give us any rights or ownership to your intellectual property.
13. CONFIDENTIAL INFORMATION
Each Party understands that the other Party has disclosed or may disclose business, technical or financial information relating to the other Party’s business. Either Party will not disclose or use any Confidential Information of the other Party except:
(a) as reasonably necessary to perform its obligations or exercise any rights granted pursuant to this Service Agreement;
(b) with the other Party’s prior written permission; or
(c) to the extent required by law or order of a court or other governmental authority or regulation.
Each Party agrees to protect the other Party’s Confidential Information in the same manner that it protects its own Confidential Information of like kind, but in no event using less than a commercially reasonable standard of care.
Confidential Information will not include any information that:
(a) is or becomes generally known to the public without breach of any obligation owed to the disclosing Party;
(b) was known to a Party prior to its disclosure by the other Party without breach of any obligation owed to the other Party;
(c) was independently developed by a Party without breach of any obligation owed to the other Party; or
(d) was or is received from a third party without breach of any obligation owed to the other Party.
For clarity, nothing in this Section will restrict bookingcloud.au with respect to bookingcloud.au Data or Aggregated Data.
This describes the confidentiality obligations we have to one another under the Service Agreement. We will always keep your confidential information private. The only case in which we may disclose such information is if it is required by law.
14. CLIENT RESPONSIBILITIES
General: You are responsible for ensuring that you can fulfill all appointments made through the Services and for communicating changes directly to your End Users. You are responsible for all activity occurring during your use of the Services, including that of your End Users. All such activity must comply with all terms laid out herein and any applicable Order Form and any applicable local, state, national and international laws, regulations and treaties (collectively “Laws”) governing your use of the Services, including all applicable Laws relating to export restrictions, data privacy, international communications and transmission of technical or personal data. 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 lead times as may be appropriate to prevent double-bookings and other events which would adversely affect your End Users 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 End Users.
You are responsible for actions and communications undertaken under your account. This includes actions and communications carried out by all users with user accounts under your subscription. You and your users must follow all laws, all the terms of this Service Agreement, and the terms of the order form (if any). If you are aware of any illegal or unauthorized uses of your account by anyone, you are obliged to report it to us as soon as possible. You are responsible to maintain your schedule and availability in your bookingcloud.au account.
Responsibilities for the Users: The Client is responsible for Users compliance with this Service Agreement. The Client shall: (i) be solely responsible for the accuracy, quality, integrity and legality of Client Data and of the means by which it acquired Client Data (ii) use reasonable efforts to prevent unauthorized access or use of the Services, including the use of associated User Accounts, by employees, Users, and any third parties; (iii) use the Services and Content only in accordance with these terms and all attached or incorporated Order Forms; (iv) notify bookingcloud.au within twenty-four (24) hours of any unauthorized use or any other known or suspected breach of security pertaining to the Service or the Content; and (v) use reasonable efforts to immediately stop any copying or distribution of Content that is known or suspected by the Client, its employees, third parties or its Users.
You will ensure all user names and passwords are kept confidential. Your use of bookingcloud.au is in accordance with these terms. You will notify bookingcloud.au immediately of any unauthorized access or breach.
Restrictions: 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:
Use the Services through unauthorized interfaces or protocols;
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;
Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Services or Services software (accept as applicable law expressly permits);
Remove, obscure or alter any notices or indications of rights in or to the bookingcloud.au Intellectual Property;
Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any bookingcloud.au servers;
Take any action that imposes an unreasonable or large load on our infrastructure;
Upload invalid data, viruses, worms, or other harmful software to the Services;
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services, unless expressly permitted by bookingcloud.au;
Use the Services in a way that disables the Services or prevents or inhibits anyone from using the Services; or
Impersonate any person or entity in order to use, or through use of, the Services.
You are only allowed to use the Services in accordance with this Service Agreement. You are not permitted to attempt to modify or reverse-engineer the product. You are also not permitted to sell, resell, transfer or sublicense it to a third-party.You promise to not use bookingcloud.au in an illegal or harmful manner.
15. CLIENT DATA OBLIGATIONS
Client is solely responsible for collecting, inputting and updating all Client Data while using the Services and is responsible for its accuracy, quality, integrity, legality, reliability, appropriateness. Client shall ensure that the Client Data does not (i) include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, or (ii) contain anything that is obscene, defamatory, harassing, offensive or malicious.
bookingcloud.au is not responsible for the integrity and accuracy of the Client Data that you see on bookingcloud.au Sites.
bookingcloud.au does not own Client Data submitted. bookingcloud.au is not responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any Client Data. You agree to indemnify and hold bookingcloud.au harmless from any damage, loss, claim, complaint (legal or End User specific), demand, or cause of action for any issue arising from Client Datad, deletion, damage, use or misuse, except to the extent that bookingcloud.au is solely responsible for deletion or damage not related in any way to Client’s breach of the Service Agreement.
We are not responsible for resolving or intervening in any dispute over Your Data.
Downloading Client Data during the Services and post termination of Account:
The Services enable you to download the Client Data during the term of the Subscription in a structured, commonly used, and machine-readable format, by way of the requesting such copy from Us with a written notice. You acknowledge and agree that bookingcloud.au has no obligation to retain Client Dat aafter termination of this Service Agreement for any reason. No later than one hundred and eighty (180) days from termination of this Service Agreement for cause or no cause, bookingcloud.au will delete and remove all Client Datawithout liability. Upon termination for cause, Your right to access or use your Client Dataand the Services immediately and automatically ceases.
If you want to download your data after the termination of your Service Agreement, you can do so by sending us a request. After you delete your account, the data removal process will be initiated. We will guarantee that all your data will be permanently removed from our system no later than 180 days after the termination of your Service Agreement.
You grant bookingcloud.au the right to aggregate User Data, in anonymized form, solely for statistical purposes and for improving the functionality and operation of the Services.
We will own all Aggregated Data. Such data will be anonymized and would not contain any personally identifiable information or personal data.
When using the Services, you may be exposed to User Submissions from a variety of sources, and bookingcloud.au is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.
Personally identifiable information (PII) in Client Data
Personally identifiable information in Client Data: Client hereby acknowledges and agrees bookingcloud.au’s performance of this Service Agreement may require bookingcloud.au to process, transmit and/or store Client PII Data or the personal data of Client employees. By submitting such personal data to bookingcloud.au, Client agrees that bookingcloud.au may process, transmit and/or store personal data only to the extent necessary for enabling bookingcloud.au to perform its obligations under this Service Agreement. In relation to all such personal data provided by or through Client to bookingcloud.au, Client will be responsible as data controller and bookingcloud.au will be responsible as a data processor (or any equivalent nomenclature used to convey the role of a data controller or a data processor respectively) for complying with all applicable data protection or similar laws that regulate the processing of personal data.
Client acknowledges and agrees that it is Client’s obligation to inform Client’s End Users of the processing of Client Data pursuant to this Service Agreement and to ensure that such End Users have given any necessary consent to such processing as required by all applicable data protection legislations.
Client is solely responsible for determining the purposes and means of processing such personal data by bookingcloud.au under this Service Agreement, including that such processing according to Client’s instructions will not place bookingcloud.au in breach of applicable data protection legislations.
16. LINKS TO THIRD PARTY SITES
You may encounter hypertext links to Sites operated by parties other than bookingcloud.au during your use of the Services and on the bookingcloud.au website. bookingcloud.au does not control such Sites and is not responsible for nor can guarantee the content of such Sites. Unless otherwise explicitly stated, the inclusion of any hypertext links to such Sites in the Services or on the bookingcloud.au website does not imply any endorsement by bookingcloud.au of the material on such website or any association with their operators. You further acknowledge and agree that, bookingcloud.au shall not be responsible or liable ,directly or indirectly for any damage or loss caused or alleged to be caused by in connection with use or reliance on any such content, services available on or through any such site and resource.
bookingcloud.au is not responsible for any content or services on any other website, other than bookingcloud.au itself.
17. bookingcloud.au INTEGRATION
bookingcloud.au proprietary computer software applications that are hosted by bookingcloud.au or are downloaded by the Client or its Users, and allow connection between non-bookingcloud.au software applications and the Service. Some Integrations are free “plug-ins” and others are fee-based (“Integrations”). bookingcloud.au either owns all right, title, and interest in and to the Integrations, or it may license the rights. Some Integrations, in the sole discretion of bookingcloud.au, are offered free of charge to the Client and some Integrations must be licensed by the Client as add-on services under the Subscription, for an additional fee.
The Client acknowledges and agrees that bookingcloud.au, simply by virtue of the Client licensing or using an bookingcloud.au Integration, does not make bookingcloud.au a party to any relationship among the Client, its Users, and the entity providing any such third-party software application with which the Integrations interoperates. Any claim brought pursuant to such relationship will fall under the right of bookingcloud.au to be indemnified by the Client for any claim brought by a third party in accordance with this Service Agreement.
By using an Integration, the Client instructs and grants permission to bookingcloud.au to allow the entity providing any such third-party software application with which the Integration interoperates to access Client Data as required for the interoperation of such third-party software application with the Service. bookingcloud.au is not responsible for any disclosure, modification, deletion, or other processing of Client Data resulting from access by the entity providing such third-party software application.
When you integrate your account with a third-party app, you are fully responsible for all activities, data transfers and processes that result from the integration. We do not act as an intermediary between you and the third-party application and we have no legal involvement in your relationship with them.
18. PAYMENT INTEGRATION
If the Client elects to utilize the Payment Gateway integration feature(s) of the Services, then the following additional terms shall govern the Client’s use of such feature(s).
Where the Service interoperates with the Client’s Payment Gateway account, bookingcloud.au is not a party to any transaction(s) between Payment Gateway and the Client. bookingcloud.au does not process payment card or other financial data associated with such transaction(s). bookingcloud.au is not responsible for the security of any payment card data submitted to the Service by third parties. The Client is advised to read the Terms of Service of the Payment Gateways they’re in.
When you integrate bookingcloud.au with third party Payment Gateway services to collect payments as an integral part of your booking process, you establish and maintain a relationship directly with the Payment Gateway service. We do not act as an intermediary between you and the Payment Gateway. These Payment Gateway services remains responsible for the security of any payment data processed by their service.
19. COMMISSION PLAN SUITABILITY QUALIFICATION
Bookingcloud.au reserves the right to require clients to meet certain suitability qualifications before being approved for the commission plan. Such qualifications may include, but are not limited to, the type of business, type of services offered, charges for the services and the ability to adhere to the terms and conditions set forth by Bookingcloud.au.
When you choose to use the Commission Plan, bookingcloud.au needs to be assured of revenue from the services you offer, so we need to check the suitability of your business to do this.
20. DATA PROTECTION
bookingcloud.au agrees to implement and maintain appropriate and commercially reasonable technical, physical, and administrative security controls reasonably designed to protect the confidentiality, integrity and availability of Client Data.
Security is a top priority for us. We safeguard the security of our systems and operations at all levels and carefully monitor our servers for possible security issues.
If bookingcloud.au becomes aware of any actual unlawful or unauthorized loss, disclosure, alteration of, or access to Client Data processed in the Services (each a “Security Incident”), bookingcloud.au will promptly notify you of each Security Incident and take reasonable steps to mitigate the effects of the Security Incident(s).
We will notify you if there is a security incident involving your data.
You agree that bookingcloud.au may make Client Data available to vendors assessed, approved, and engaged by bookingcloud.au who can competently provide services to bookingcloud.au and be trusted with access to limited Client Data as necessary in order to fulfil one or more specific functions within the Services (“Trusted Vendors”), who are engaged by bookingcloud.au for the specific, limited purpose of helping to provide the Service. Trusted Vendors are bound by data security and privacy covenants no less restrictive than those contained in this Service Agreement.
Trusted Vendors are approved on a case-by-case basis, are obligated to comply with industry-standard security frameworks or pass a security evaluation, and agree to confidentiality covenants no less restrictive than those contained in this Service Agreement. Trusted Vendors may be located in countries outside of Australia, including countries which the European Commission has not found to provide an adequate level of data protection in national law.
We may use trusted vendors to assist with our product operations. We carry out a rigorous selection process when picking our vendors. These vendors must be able to demonstrate their ability to rigorously protect any data they come into contact with.
bookingcloud.au agrees to promptly notify the Client if bookingcloud.au becomes unable to satisfy its obligations under this Section 21 on Data Protection or Section 12 on Confidentiality.
We will notify you if we cannot meet our obligations under sections 17 and 11.
The Parties agree that bookingcloud.au is a data processor, per the meaning given to such term in The General Data Protection Regulation of the European Union, and Directive 95/46/EC of the European Union.
You are ultimately in control of the data submitted to your account. You, not us, determine the purposes for which the data is used.
21. COMPLIANCE WITH LAWS
At all times, you shall comply with:
All Laws. All local, state or federal laws, statutes, rules, regulations, or orders, including any Laws governing the use, sale, and/or distribution of alcohol, and any Laws governing gift cards, coupons, and/or gift certificates; and
Unfair Competition Laws. All laws that prohibit false, deceptive or unfair advertising or disparagement; and
Intellectual Property Laws. All laws regarding the copyright, trademark, or other intellectual property rights or rights of privacy or publicity of any third party; and,
Gift Card, Gift Certificate and Abandoned Property Laws. All applicable laws, any state or local laws governing the imposition of expiration dates, service charges, dormancy fees or other terms and conditions of the Order. You shall allow the Consumer to use the Order for Services with You for the amount paid by Consumer for the Order (i.e. the cash or redemption value of the Order) for the applicable term specified under applicable state or federal laws and shall allow redemption refund of the amount paid for the Order as required by applicable state or federal laws. To the extent required by applicable abandoned or unclaimed property laws, You shall be solely responsible for and agree to report and pay over to the applicable local, state or federal governmental agency any unredeemed cash value of any Order issued under this Service Agreement. You are responsible for keeping track of the cash amount paid by the Consumer for the Order and any unredeemed balance of that cash amount to ensure compliance with this Service Agreement. Furthermore, you agree that so long as an appointment is made for services before the expiration date of the Order, the Order will be fully honored without restriction even though the services may be completed after the expiration date.
It is your responsibility to comply with all applicable laws, at all time. This includes any laws governing the sale of gift cards, sale of gift certificates, sale of coupons, unfair competition laws, or intellectual property laws.
You may terminate your bookingcloud.au account by stopping the use of the Services. The fee paid by you till date for the Services will not be refunded.
Either Party may terminate the Service Agreement for cause (i) upon thirty days written notice to the other party of a material breach and if such breach remains uncured at the expiration of such period, the non-defaulting party shall terminate the Service Agreement with immediate effect or (ii) with immediate effect if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
Upon termination of your use of the Services for any reason, all of your rights to access and use any and all parts of the Services shall immediately terminate. In the event of such termination, you agree to remove any and all Content from all of your hard drives and any other storage media and to destroy all copies of the Content in your possession.
Once this Service Agreement has been terminated, you can no longer use bookingcloud.au and its services. You must also destroy any data originated from bookingcloud.au that you hold.
23. OUR RESPONSIBILITIES
Subject to the terms and conditions laid out herein, bookingcloud.au agrees (i) to provide the Service to the Client and grants to the Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to use the Services, according to the terms and conditions of all included Subscriptions, solely for the Client’s own business purposes; and (ii) We may provide to the Client commercially reasonable technical support via telephone and email As defined in the Client’s Subscription Plan.
You have the right to use our product for your own purposes only and you may not give this right to anyone else (except for the users that you have set up as part of your subscription).
bookingcloud.au is not obligated for providing assistance or support to you, including error corrections, upgrades, support, updates, bug fixes, enhancements, or other types of support. You agree that bookingcloud.au has no liability or responsibility for the storage or deletion of any User Submissions. bookingcloud.au reserves the right, but not the obligation, to remove any User Submissions at its discretion and/or terminate a user account without giving an explanation or cause. We may monitor your use of the Services, to the extent permitted by law, to ensure compliance with these Terms of Service, satisfy legal requirements, or protect our rights and the right of others.
The Client shall indemnify and hold bookingcloud.au and its parent organizations, Affiliates, subsidiaries, officers, directors, employees, solicitors and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorney’s fees and costs such as expert witness costs, witness costs and the like) arising out of, or in connection with (i) claims alleging that use of the Client Data infringes the rights of, or has caused harm to, a third party; (ii) a claim which, if true, would constitute a violation by the Client of the Client’s representations and warranties above, or (iii) a claim arising from the breach by the Client or the Client’s users of this Service Agreement, provided in any such case that bookingcloud.au (a) gives written notice of the claim promptly to the Client; (b) gives the Client sole control of the defense and settlement of the claim (provided that the Client may not settle or defend any claim unless the Client unconditionally releases bookingcloud.au of all liability without requirement of any type of payment and such settlement does not affect bookingcloud.au’s business or Service); (c) provides to the Client all available information and reasonable assistance; and (d) has not compromised or settled such claim.
If we are sued by another party as a result of something you’ve done, you’ll cover the costs.
25. SOLE REMEDY
Your only remedy for any dispute with bookingcloud.au is to stop using the Services.
26. GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of Australia. Any dispute arising from or relating to these Terms and Conditions shall be resolved exclusively by the courts of Australia.
27. ENTIRE SERVICE AGREEMENT / TRANSLATION / INTERPRETATION
These Terms of Service, other bookingcloud.au legal policies as posted on the bookingcloud.au Sites, and any operating rules for the Services established by bookingcloud.au constitute the entire Service Agreement between bookingcloud.au and you regarding your use of the Services. If any provision of these Terms of Service should be held illegal or unenforceable by a court with jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Service if no such modification is possible, and the other provisions of these Terms of Service shall remain in full force and effect. The section headings used are for convenience only and shall not be given any legal significance.
28. EXPLANATORY PARAGRAPHS
This Service Agreement may be accompanied by explanatory glosses (the “Explanatory Paragraphs”) that attempt to simplify and summarize the language used herein. The Explanatory Paragraphs that may be found throughout this Service Agreement are for reference and administrative purposes only, are not incorporated into this Service Agreement, and shall not affect the interpretation of this Service Agreement.
In the event of any conflict between the provisions of this Service Agreement and the Explanatory Paragraphs, this Service Agreement shall control.
bookingcloud.au is not a law firm and does not provide legal advice. The Explanatory Paragraphs are not intended as legal advice and should not be relied upon as such by the Client. bookingcloud.au shall not be liable for any damages caused by the Client’s reliance upon the Explanatory Paragraphs or failure to seek appropriate legal assistance before accepting this Service Agreement.
This text that you are reading, which is a simplified version of the subscription Service Agreement, is just to help make it easier for you to understand the subscription Service Agreement. It is not technically part of the Service Agreement itself. To ensure that you understand all the terms of this Service Agreement, we highly recommend that you read the full subscription Service Agreement yourself and/or get legal advice from an attorney. It is the full text of the subscription Service Agreement – not these simplified explanations – that ultimately defines our relationship, and our respective rights and obligations to each other.
29. NO WAIVER
A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.
30. WARRANTY DISCLAIMER
The Services are provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE.” YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. bookingcloud.au does not guarantee that users will be able to access the Services at all times or places, that bookingcloud.au will have adequate capacity for all users, OR THAT THE SERVICES WILL BE OPERABLE with your equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, bookingcloud.au, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, including implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement. bookingcloud.au MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THE SERVICES. bookingcloud.au DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND bookingcloud.au WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
You are solely responsible for compliance with all applicable local law.
Aside from the specific warranties we make in Section 30, we do not promise or guarantee that our product or services will always be reliable, timely, of a certain quality, suitable for your needs, true or accurate, available, or complete. We do not promise or guarantee that our service will always be secure, timely, uninterrupted, or free from errors, or that it will work in combination with other systems. We do not promise or guarantee that our product will meet your expectations, that any data in our service will be accurate or reliable, or that any errors or defects will be corrected. We provide our service to you “as is,” and we explicitly refuse to promise or guarantee that it meets any particular legal warranty or standard.
31. LIMITATION OF DAMAGES AND LIABILITY
bookingcloud.au, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,WILL NOT BE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
These are the limits of legal liability we may have to you.
bookingcloud.au TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT OF LAST PAYMENT MADE BY YOU FOR THE SERVICES THAT CAUSED SUCH DAMAGE.
bookingcloud.au’s liability to you for any damages will be limited to the last payment you made to bookingcloud.au.
For any questions or doubts or disputes regarding the End User Agreement, End Users can contact bookingcloud.au via the Contact Us page.