Welcome to Booking Social presenting Only cloud based appointment booking solution. Booking Social provides sophisticated scheduling abilities for small and medium business with integration of Salesforce CRM.
IMPORTANT, PLEASE READ THIS FIRST. THIS IS AN ONLINE SERVICE CUM SOFTWARE LICENSE AGREEMENT.
Booking Social is willing to license the accompanying software to you only upon the condition that you hereby accept all of the terms contained in this agreement and any supplementary or unique license terms included herewith (“agreement”).
This Booking Social Online Services cum Software License Agreement is entered between M/s. Booking Social collectively known as “Booking Social” and “you” the users collectively known as the “Parties”.
PERUSAL OF AGREEMENT MUST ONE
Please read this entire agreement carefully.
Booking Social reserves the right to amend, add, remove or revise the terms of this agreement or any part of the services, at any time, at its sole discretion and without any prior notice. Booking Social will post the latest version of the agreement at View our Terms of Service at all times, the latest version of the agreement which is published on the above link shall be binding and shall supersede any other version.
Your use of the software also indicates your assent to be bound by the terms and conditions of this agreement.
Copying or use of this software or its documentation except as permitted by this agreement is unauthorized and is copyright infringement under the laws of India. If you copy or use this software or its documentation without permission of Booking Social, you are violating the law. You may be liable to Booking Social for damages, and you may be subject to criminal penalties.
Eligibility to enter this Agreement
You hereby solemnly and sincerely affirm that you are either at least eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms and conditions stipulated in this Agreement, and to abide by and comply with this Agreement.
User (Your) Agreement
You hereby specifically agree to this Agreement permits you to use one or more of the Services, subject to your agreement to all required Service Appendices, if any. Booking Social reserves the right to amend the terms of this Agreement without any kind of prior notice. If you do not agree to such amended terms, you may cancel your subscription to the Services, in accordance with Termination described below. Booking Social may discontinue or add new Services, aspects, or features to certain Services (“Features”) from time to time at its sole discretion.
Right to Use our Services
You hereby represent and warrant that you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder including having a valid license to use the software applications that generate Content, and the right to submit Content and you or a Participant’s Information in connection with the Services. Otherwise, you are not allowed to submit such Content or Information to Booking Social or the Services.
Access to our Services
You hereby acknowledge that your ability to access the Services may require the payment of third party fees (such as browsing charges, telephone toll charges, ISP, or airtime charges or any other charges) and that you are solely responsible for paying such fees. Booking Social is not responsible for any equipment you may need to be able to access the Services.
To gain access to and use our Services, you may be required to create a Booking Social ID and password or other user ID and password (“Sign-In Information”). You are solely responsible for maintaining the confidentiality of your password and any additional identifying information (such as user ID) required for your use of any of the features of the Product. Booking Social does not guarantee the security of any data or materials (“Data”) stored/ transmitted/ posted/ submitted and/or managed through the Product. You are solely responsible for all the Data uploaded to the Product under your user ID, username and/or password. If you lose control of your password, or you allow another person or entity to access and use the Product using your user ID, username and/or password you will be solely responsible for all the consequences of actions performed through/under your user ID, username and/or password and for all the Data stored/ transmitted/ posted/ submitted and/or managed in/through your username and password. Without limiting any of the foregoing, you must immediately notify Booking Social if you become aware of any loss, theft, or unauthorized use of your password or of any other unauthorized use of any user’s information, data, or of the Product or any other breach of security that is known or suspected by you.
COLLECTION OF INFORMATION
Booking Social does not supplement your information entered by you with information from other companies. Only information you have given us (including email address) is stored by us. The exclusion to this would be when your employer has bought the services/products for bulk use for its employees and to facilitate that we may upload information provided by you or your employer.
While using calculators and other tools on our Web sites which may or may not require registration, Booking Social may collect non-identifiable data from such tools, to assist us customize offers and tools to your particular interests.
Use of the Services is subject to your payment of Booking Social ’s charges for the Services rendered, which may vary according to the Service, Features, or Service Term to which you have subscribed (the “Service Fees”). Unless this Agreement is terminated in accordance with Clause (Termination), Booking Social will collect the relevant Service Fee for most Services in advance of each Service Term. You are responsible for paying all taxes levied in connection with your use of the Services.
Credit Cards: As a condition to your right to use Services that are purchased by recurring subscription, you must provide Booking Social with a valid credit card number belonging to you with available credit sufficient to pay the applicable Service Fees. In the event that you cancel this credit card or it is otherwise terminated, you must immediately provide Booking Social with a new valid credit card number. In the event that you do not provide Booking Social with a current valid credit card number with sufficient credit upon request during the term of this Agreement, you will be in violation of this Agreement, and Booking Social may immediately terminate this Agreement.
Collection of Service Fee: You agree that in the event Booking Social is unable to collect the Service Fees owed by you to Booking Social for the Services, Booking Social may take any other steps as it deems necessary to collect such Service Fees from you and that you will be held responsible for all costs and expenses incurred by Booking Social in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that Booking Social may collect interest at the lesser of 2% per month or the highest amount permitted by law on any amounts not paid when due.
USER CODE OF CONDUCT
You hereby specifically agree to abide by all applicable local, state, national and Indian laws, treaties and regulations in connection with the Product, and your use thereto. In addition, without limiting from the generality of the foregoing, you agree not to use, or endorse or in any other way allow use of the Product to:
(a) or in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(b) harvest, collect, gathers or assembles information or data regarding other users, including e-mail addresses, without their consent;
(c) transmit/ submit through or post on or manage through the Product unlawful, harassing, libelous, abusive, tortuous, defamatory, threatening, harmful, invasive of another’s privacy, hateful, vulgar, obscene or racially, ethnically or otherwise objectionable material of any kind or nature or which is harmful to minors in any way;
(d) copy/ reproduce/ store/ transmit/ post/ submit/ publicly display and/or manage any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
(e) store/ transmit/ post/ submit/ manage any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancel bots
(f) interfere with or disrupt servers or networks connected to the Product or violate the regulations, policies or procedures of such networks;
(g) attempt to gain unauthorized access to the Product, other accounts, computer systems or networks connected to the service, through password mining or any other means;
(h) harass or interfere with another user’s use and enjoyment of the Product; or
(i) to otherwise misuse or abuse any system or system resources related to the Product, including without limitations any storage space, or bandwidth.
Attention: If you believe that certain Data in the Product is in violation of any of the above code of conduct, please let us know by sending us a detailed email to the following address: firstname.lastname@example.org
CONTROL OF CONTENT AND DATA
You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data stored, transmitted, posted, submitted and/or managed by you, and for any use by you or by any other third party of such Data, including all Data to which you have granted access to any other third party. For the avoidance of suspicion, Booking Social shall not be held responsible or liable for the deletion, correction, destruction, damage, loss or failure to store such Data nor for any use of such Data by you or by any other third party.
Without limiting any of the foregoing, you hereby represent and warrant that:
(1) any Data You transmit/ post/ store/ submit and/or otherwise use or manage through the Product does not and will not infringe on any third party’s rights, including without limitation copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights; and that
(2) the Data does not and will not violate any law, statute, ordinance or regulation; and that
(3) the Data is not and will not be defamatory or trade libelous
(4) the Data is not and will not contain software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancel bots.
MEASURES AND ENFORCEMENT
Your failure to comply with any of the provisions mentioned under the User Conduct section or any other provision of this Agreement, automatically nullifies any obligation Booking Social have to contact you or provide you with any notice required by this Agreement or by law. You hereby agree that if Booking Social believes, in its own discretion, that you directly may be connected with such activities, Booking Social may be required to disclose such a conduct and the suspected infringing user’s Data or Information to the proper authorities.
Without limiting the foregoing, Booking Social reserves its right to terminate any account and remove any Data if
(a) it is brought to Booking Social ’s attention that you and /or the Data may be in breach of any of your obligations, representations, or warranties hereunder,
(b) Booking Social is advised of a court order requiring removal of the Data or
(c) any third-party claims are made relating to the Data.
Booking Social has no obligation to monitor the Data or any user’s use of the Product thereof. However, Booking Social reserves the right at all times to use various technological and other measures (such as: client-server procedures), and you hereby agree to Booking Social’s use of such measures, in order to monitor, review, retain and/or disclose any Data and related information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or in order to respond to services or technical problems or as stated in this Agreement.
Booking Social shall not be held liable or responsible for server failure or any technical problems as mentioned in the above agreement.
You hereby agree to indemnify Booking Social and hold it harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising from Data you submit or post to or through the Product and/or any violation of any obligation hereunder.
LICENSE TO USE THE SERVICES
Pursuant to your fulfillment with the terms and conditions of this Agreement, Booking Social hereby grants to you a personal, non-exclusive, non-transferable, non- sub-licensable license and revocable right to access and use the services, for the terms of this Agreement, solely for your own personal, non-commercial purposes (unless otherwise expressly agreed by Booking Social under a separate agreement), and subject to the terms and conditions of this Agreement. Except as expressly permitted in this license, you agree not to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, make copies of, and create derivative works from the Product. All rights not expressly granted by Booking Social to you are retained by Booking Social.
PROPRIETARY RIGHTS & COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
You hereby admit that Booking Social and its licensors own all right, title, and interest in: (a) the Services; (b) any Booking Social software provided in connection with the Services; and (c) all graphics, logos, service marks, and trade names, including third-party names, product names, and brand names used by Booking Social in connection with the Service (the “Marks”).
Booking Social and/or Booking Social’s licensors, retains sole and exclusive ownership of all rights, title and interests in the Product and all intellectual property rights relating thereto. Without derogating from the license granted above, title and related rights in the content stored/ transmitted/ posted/ submitted and/or managed through the Product are the property of the applicable content owner and may be protected by applicable law. This section shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter.
TERM & TERMINATION OF AGREEMENT
The term of this Agreement shall begin on the date you click to accept this Agreement and shall continue until all Service Appendices are terminated, as mentioned below.
Booking Social may terminate this Agreement immediately for any breach of this Agreement entered by you. The time period prescribed for end of validity of the service is minimum 1 year or which may be extended as per your wish.You may terminate any Service according to the terms of such Service.
Effect of Termination: Upon termination of this Agreement, you must immediately cease using the Services, and you must immediately pay to Booking Social any Service Fees [If anything due and owing to Booking Social upon such termination]. Booking Social reserves the right to delete any data files associated with Content, Information, or your or use of the Services upon termination of the Services.
THIRD PARTIES’ CONTENT
While the Product enables you to store/ transmit/ post/ submit and/or manage and allow access to third parties’ content from a computer with an Internet connection, Booking Social does not control such third parties’ Data (e.g. content, files and information) that may be transmitted/ stored/ posted/ submitted and/or managed through the use of the Product. All such Data is entirely the responsibility of the person from whom such Data originated. Booking Social does not endorse the content of any such third parties’ information or data or the Data stored, accessed through the use of the Product, and does not warrant or guarantee that such information or Data is free of errors or viruses. Booking Social shall not be responsible for the accuracy, completeness, legality, legitimacy or any other aspect of the Data stored/ posted/ transmitted/ submitted through the use of the Product, nor to the right to store/ post/ transmit and/or submit such Data through the use of the Product. The use of any third parties’ content, information or Data is at your sole responsibility and Booking Social explicitly disclaims any responsibility to the use or misuse of any such content.
AMENDMENT OF PRODUCT
The Product, associated services, functions, and any features, provided by Booking Social may change from time to time. Booking Social reserves the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel any Product and/or Service provided by Booking Social or any part thereof at its sole discretion and without notice to you. Booking Social reserves the right to discontinue the release and support of any version of the Product or to revise the Product so it provides different features, features in different combinations, and/or different environment configurations.
DISCLAIMER OF WARRANTY AND LIABILITY
Without limiting any of the foregoing, Booking Social hereby expressly disclaims any warranty with respect to the content and/or data transmitted /stored /posted /submitted and/or managed and/or sent by you or any third party through the product, and to the operation of the product, including any effect such operation may have on third parties products or services. The product and any and all data are provided “as-is, as available” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement.
You hereby acknowledge that some functions of the product may not be fully functional, or may not function at all, due to your personal computer system configuration or may be disabled or forbidden for use due to legal requirements applicable in and/or to your jurisdiction.
The entire risk arising out of such use or performance of the product, or any data is borne by you. This product and/or any data are not fault tolerant and should not be used in any environment which requires this. You hereby expressly agree not to use or rely on the product for any applications that may result in any damage if failed or any other mission critical applications, or for handling sensitive, private, or confidential information of any sort. The security mechanisms implemented by the product have inherent limitations, and you must determine that the product sufficiently meets your requirements.
Booking Social does not warrant or guarantee that the functions performed by the product will be uninterrupted, timely, secure, or error-free or that any information, data, computer program, content, advertisement and other materials received on or through the product will be free of any viruses, worms, trojan horses or any other destructive properties, and will not contain any objectionable materials or deemed objectionable by some individuals.
You hereby agree to comply with all relevant export laws and regulations, and to ensure that the product is not exported, used, purchased in violation of such applicable laws.
This disclaimer of warranty constitutes an essential part of this agreement. No use of the product is authorized hereunder except under this disclaimer.
LIMITATION OF LIABILITY
In no event will Booking Social be liable to you or to any third party for any indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits and savings and the like), or any other damages arising out of the unavailability, use, reliance on, inability to utilize or improper use of the product, even if advised of the possibility thereof and regardless of the form of action, whether in contract, tort, or otherwise.
Without limiting the foregoing, the sole remedy for any liability of Booking Social for any direct damages shall be the renewal / replacement of the product.
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof.
(b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the India without giving effect to any principles of conflicts of laws thereof, and the eligible courts of India shall have exclusive jurisdiction over all disputes between the parties;
(c) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
(c) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.