Terms Of Use

Date of Last Revision 13/10/2026

TERMS OF USE FOR SERVICE PROVIDERS

THIS IS A LEGAL AGREEMENT. READ IT CAREFULLY. BY CLICKING TO ACCEPT, OR BY CREATING OR USING A BOOKEDIN ACCOUNT, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CREATE AN ACCOUNT OR USE THE SERVICES.

This Agreement is between Coldwin Software Inc., carrying on business as Bookedin (“Bookedin”, “we”, “us”, or “our”), and the business or individual that creates an account and accepts this Agreement (“you”, “your”, or the “Provider”). If you accept on behalf of a business, you represent that you have authority to bind that business, and “you” means that business.

1. DEFINITIONS

1.1 Definitions. In this Agreement:

“Account” means the Provider account registered with Bookedin to access and use the Services.

“Authorized User” means an employee, contractor, agent, or other individual whom the Provider authorizes to access and use the Services on the Provider’s behalf.

“Booking Page” means the online booking webpage and booking functionality Bookedin makes available for the Provider’s Customers to schedule, reschedule, or cancel appointments, classes, and other schedulable events.

“Customer” means an end client of the Provider who accesses the Booking Page or schedules with the Provider.

“Customer Content” means the data and materials the Provider or its Customers input, upload, or generate through the Services, including client records, booking details, notes, and files.

“Payment Processor” means Stripe, Square, PayPal, or any other third party payment service the Provider connects to the Services.

“Services” means the Bookedin scheduling platform, the Booking Page, the websites at bookedin.com and scheduler.bookedin.com, and all related features, together with any onboarding, account setup, training, support, and other assistance Bookedin provides to the Provider, whether provided free of charge or for a fee.

“Website” means bookedin.com and scheduler.bookedin.com and all content and functionality available through them.

2. THE ACCOUNT AND THE SERVICES

2.1 Eligibility. You may use the Services only if you are of the age of majority in your jurisdiction and have the legal capacity to enter into this Agreement. If you accept this Agreement on behalf of a business or other entity, you represent and warrant that you have authority to bind that business or entity to this Agreement. You may not use the Services if you are located in a jurisdiction where access to or use of the Services is prohibited by applicable law.

2.2 Account and Authorized Users. You must register and create an Account to use the Services. You agree that the information you provide is true, accurate, and current, and that you will keep it updated. You may permit Authorized Users to access and use the Services solely on your behalf and for your business purposes. You are responsible for your Authorized Users’ compliance with this Agreement and for all acts and omissions of your Authorized Users in connection with the Services. You and your Authorized Users are responsible for maintaining the confidentiality of all login credentials and for all activity conducted through your Account. You must notify Bookedin promptly of any unauthorized use of your Account or any breach of security. Bookedin may treat activity conducted through your Account or the credentials of an Authorized User as authorized by you.

2.3 Right to Access and Use. Subject to this Agreement and to payment of applicable fees, Bookedin grants you a limited, non-exclusive, non-transferable, and revocable right to access and use, and to permit your Authorized Users to access and use, the Services for your internal business purposes for as long as your Account remains active. Your access to and use of the Services is subject to the features, usage limits, storage limits, messaging limits, number of Authorized Users, locations, appointments, and other limitations applicable to your plan as described on the Website or in your Account. You may not circumvent or attempt to circumvent any such limitation. Bookedin reserves all rights not expressly granted. You may not sublicense, resell, or otherwise make the Services available to any third party except to Authorized Users and to your Customers through the Booking Page as intended.

2.4 The Services and Support. The Services provide a platform to facilitate the scheduling of online reservations between you and your Customers. Any onboarding, setup call, training, support, or other assistance Bookedin provides, whether free or paid, forms part of the Services and is subject to this Agreement, including the disclaimer, exclusion of liability, and exclusive remedy in Section 7. Bookedin may modify, add to, or discontinue features of the Services from time to time.

2.5 Third Party Services. The Services may integrate with or provide access to third party services, including Payment Processors, calendar providers, and communication tools. Those third party services are governed by their own terms and privacy practices. Bookedin does not control and is not responsible for third party services, and your use of them is at your own risk and between you and the relevant third party.

3. FEES AND TERM

3.1 Fees, Billing, and Renewal.

(a) Plans. Bookedin offers the Services under a free plan and one or more paid plans, and may offer a free trial. The plans available, their features, usage limits, and pricing, and the terms of any free trial, are set out on the pricing and billing pages of the Website, which are incorporated into this Agreement by reference. Bookedin may add, change, or discontinue plans and may change the fees applicable to a paid plan in accordance with Section 1(d).

(b) Free Trial. Where Bookedin offers a free trial, the trial runs for the period and on the terms stated on the pricing and billing pages. Unless you select and pay for a paid plan before the trial ends, at the end of the trial your Account converts to the free plan and paid features cease. Bookedin does not charge you at the end of a free trial unless you have selected a paid plan.

(c) Payment. By selecting a paid plan you authorize Bookedin to charge your designated payment method for the applicable fees, plus any text messaging or other usage fees and applicable taxes, on each billing date until you cancel. You agree to keep your payment method current and valid.

(d) Automatic Renewal and Changes to Fees. Paid plans renew automatically at the end of each billing period, monthly plans monthly and annual plans annually, unless you cancel before the applicable renewal date under Section 2. Each renewal will be charged at the rate then applicable to your plan.Bookedin may change the fees applicable to a paid plan by giving you at least thirty (30) days’ advance notice before the first renewal at which the changed fees will apply. A change in fees will not apply during a prepaid billing period and will take effect only upon a subsequent renewal. If you do not agree to the changed fees, you may cancel your paid plan before the renewal at which the changed fees would first apply. Renewal of your paid plan after the effective date of the changed fees constitutes acceptance of the changed fees.

(e) Usage Fees. Certain features, including text messaging, may carry per use or overage fees as described on the pricing and billing pages. You are responsible for those fees as incurred.

(f) Taxes. Fees are exclusive of taxes. You are responsible for all applicable sales, use, and similar taxes, other than taxes on Bookedin’s net income.

3.2 Term, Cancellation, and Downgrade.

(a) Term. This Agreement takes effect when you first accept it or create your Account and continues until your Account is closed or this Agreement is terminated.

(b) Cancellation of a Paid Plan. You may cancel a paid plan at any time through your Account. Cancellation takes effect at the end of the current paid period. Monthly plan fees already paid are not refunded and paid access continues to the end of the paid month. For annual plans, cancellation does not entitle you to any refund of prepaid fees, and paid access continues to the end of the prepaid annual period. At the end of the paid period following cancellation, your Account converts to the free plan.

(c) Non-Payment. Bookedin does not suspend paid Accounts for failure to pay. If a charge fails and is not cured, the Account converts to the free plan and paid features cease.

(d) Effect of Downgrade. On conversion to the free plan, features and data retention available only on paid plans may cease to be available. You are responsible for exporting any Customer Content you wish to retain before a downgrade takes effect.

3.3 Suspension and Termination for Cause. Bookedin may suspend or terminate your Account and access to the Services, without refund, if you breach this Agreement, if Bookedin reasonably suspects fraudulent, abusive, or unlawful use, or if required by law. Bookedin may also close accounts it identifies as fake or created for a purpose other than genuine use of the Services. On termination for cause, the Sections identified in Section 9 survive.

3.4 Data Following Downgrade or Account Closure. Conversion of a paid Account to the free plan is not, by itself, closure of the Account and does not trigger deletion of all Customer Content, although features, storage, functionality, or Customer Content available only under a paid plan may cease to be available as provided in Section 1(e). You are responsible for exporting any Customer Content you wish to retain before you cancel or close your Account, as Customer Content may not be available for export afterward. Bookedin does not automatically close active Accounts. Where an Account has been dormant for twelve (12) months, meaning twelve (12) months have passed since the later of the last time the Account was accessed and the last booking made through it, Bookedin may close and delete it after giving notice by email at least fourteen (14) days in advance and a further notice approximately forty-eight (48) hours before the Account is closed. You may reactivate the Account by logging in before it is closed. If you do not, the Account is closed and paid features and the Booking Page cease, and the Account and all associated Customer Content are permanently deleted approximately sixty (60) days afterward. Following closure or termination of an Account, whether by you, by Bookedin, or through the dormancy process above, Bookedin will retain and permanently delete the Account and associated Customer Content in accordance with its data retention practices and applicable law. Bookedin’s current data retention practices provide for permanent deletion approximately sixty (60) days after Account closure, subject to any longer retention required or permitted by applicable law.

4. PROVIDER OBLIGATIONS AND CONTENT

4.1 Your Conduct. You warrant that in your use of the Services you will:

(a) use the Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use of the Services by, any third party;

(b) not engage in conduct that is unlawful, fraudulent, deceptive, threatening, abusive, harassing, defamatory, obscene, or that promotes illegal activity, racism, hatred, or harm against any group or individual;

(c) be solely responsible for the services you offer or provide to Customers, including the accuracy of service descriptions, availability, pricing, applicable taxes, professional or business licences and permits, performance of the services, and your cancellation, refund, and other Customer policies, and comply with all laws applicable to those services and your dealings with Customers;

(d) not use the Services for any prohibited commercial purpose without Bookedin’s prior written consent, including reselling access, using the Services primarily to generate advertising or subscription revenue from third parties, or using the Services to compete with or displace the market for Bookedin;

(e) not use another person’s account without permission, or access data not intended for you;

(f) not collect or harvest personal information of other users, or use the Services’ communication features for unsolicited solicitation;

(g) not interfere with the Services or their security, introduce malicious code, or use automated means to access the Services in a manner that imposes an unreasonable load, except that Bookedin permits public search engine indexing and may revoke that permission at any time;

(h) not reverse engineer, decompile, disassemble, copy, or otherwise use any non-public portion, functionality, or information derived from the Services for the purpose of developing a product or service that is substantially similar to or competitive with the Services, except to the extent that any such restriction is prohibited by applicable law; and

(i) not probe, scan, or test the vulnerability of, or breach or attempt to breach, any security or authentication measure.

Violations may result in civil or criminal liability, and Bookedin may investigate and cooperate with law enforcement.

4.2 Customer Content and Data.

(a) Ownership. As between you and Bookedin, you retain all right, title, and interest in Customer Content. Bookedin claims no ownership of Customer Content.

(b) License to Bookedin. You grant Bookedin a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display, and otherwise process Customer Content to the extent reasonably necessary to provide, operate, maintain, support, secure, and improve the Services for you, to exercise Bookedin’s rights and perform its obligations under this Agreement, and to comply with applicable law. Bookedin may create and use aggregated or de-identified information derived from Customer Content for analytics, security, product improvement, and other lawful business purposes, provided that such information does not identify you or any Customer. This licence continues following termination only to the extent reasonably necessary to give effect to provisions of this Agreement that survive termination or to comply with applicable law.

(c) Your Responsibility. You are responsible for the accuracy and lawfulness of Customer Content and for providing all notices and obtaining all rights, permissions, consents, and other lawful authority necessary for you to collect, use, and disclose Customer Content to Bookedin for processing in connection with the Services. You are responsible for your own compliance with laws applicable to your collection and use of Customer data.

(d) Privacy Compliance. You are responsible for your own compliance with all privacy and data protection laws applicable to your collection, use, and disclosure of Customer Content, including your Customers’ personal information. As between you and Bookedin, you are the controller of that information and Bookedin is your processor, as set out in Section 3(a). You are responsible for maintaining your own privacy policy where required by applicable law, for providing your Customers with all notices and obtaining all consents necessary for the collection and processing of their personal information through the Services, and for responding to your Customers’ requests to access, correct, or delete their personal information. Where a Customer directs such a request to Bookedin, Bookedin may refer the Customer to you, and you are responsible for responding. If you fail to respond to a Customer’s request within a reasonable time, or fail to comply with applicable privacy law in respect of it, Bookedin may, but is not obligated to, respond to or action the request directly, including by accessing, correcting, or deleting the relevant Customer Content, where Bookedin considers it necessary to comply with applicable law or to address a risk of liability. Bookedin’s exercise of this right does not make it the controller of the Customer Content or relieve you of your obligations under this Section, and you will indemnify Bookedin under Section 7.5 for any claim arising from your failure to respond to or comply with a Customer request or for us exercising any rights in this paragraph.

4.3 Payments Between You and Your Customers.

(a) Provider to Customer Payments. The Services allow you to request deposits or payments from your Customers and to collect them through a Payment Processor you connect to your Account. These payments are made by your Customer to you. Bookedin is not a party to that transaction.

(b) No Custody of Funds. Bookedin does not act as merchant of record, does not hold, receive, or control Customer funds, and is not the seller of the services you provide to your Customers. The transaction is between you and your Customer, processed by the Payment Processor under that Payment Processor’s own terms.

(c) Your Responsibility. You are responsible for your relationship with your Payment Processor, for your own compliance with card network rules and applicable payment and consumer protection law, and for all refunds, chargebacks, and disputes with your Customers. Bookedin is not liable for any Payment Processor’s acts, omissions, fees, or failures.

4.4 Customer Communications. Where you use the Services to send, or to instruct or cause Bookedin to send on your behalf, email, text messages, or other communications to Customers, you are responsible for the content and recipients of those communications and for having all consents, permissions, and other lawful authority required to send them. You will not use the Services to send unsolicited communications or to circumvent or disregard a Customer’s applicable opt-out or unsubscribe request. This Section does not limit any obligations Bookedin separately undertakes directly to Customers under the customer-facing terms, Privacy Policy, or applicable law.

4.5 Services to Minors. You are responsible for determining whether any Customer or the individual receiving your services is a minor under applicable law. Where the individual is a minor, you are solely responsible for obtaining, retaining, and, on Bookedin’s request, producing evidence of any parental or guardian consent required for the booking and for the services you provide, and for complying with all laws governing the provision of your services to minors, including any restriction or prohibition on providing those services to a minor even with consent. You will not rely on any representation made through the Booking Page, or on Bookedin, to obtain, verify, or record any such consent. This obligation is in addition to your responsibilities under Section 1(c), and your indemnity in Section 7.5 applies to any claim arising from your provision of services to a minor or from parental or guardian consent that was required and not obtained.

5. PRIVACY AND TRACKING

5.1 Consent to Tracking, Recording, and Monitoring.

(a) Consent. You acknowledge and consent that Bookedin and its service vendors use tracking, analytics, session recording, and similar technologies on the Website in connection with your use of the Services, as described in the Privacy Policy. You consent to the collection, recording, and monitoring of your interactions with the Website for the purposes described there.

(b) Vendors Act on Bookedin’s Behalf. The vendors Bookedin engages for these technologies act on Bookedin’s behalf and at its direction, and not for their own independent purposes, in providing these functions to Bookedin.

(c) Consent Tool. Non-essential tracking technologies are configured not to operate until consent is given through Bookedin’s consent tool. You may manage your preferences at any time through the persistent preferences link on the Website.

5.2 Cookies. Bookedin uses cookies and similar technologies to operate the Website, remember your settings, provide personalized content, measure the effectiveness of its communications, and understand aggregate usage. Non-essential cookies are governed by the consent tool described in Section 1. Your consent choices are remembered so that you are not re-prompted on each visit, and you may change them at any time through the preferences link. If you decline non-essential cookies, some features may be affected.

5.3 Data Processing and Security.

(a) Roles. To the extent Bookedin processes personal data contained in Customer Content on your behalf in providing the Services, you act as the controller, business, or equivalent party determining the purposes and means of that processing, and Bookedin acts as your processor, service provider, or equivalent.Bookedin will process that personal data for the purpose of providing, operating, maintaining, supporting, and securing the Services and otherwise in accordance with this Agreement and your lawful instructions, except to the extent otherwise required or permitted by applicable law.

(b) Security. Bookedin will maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Content against unauthorized access, use, alteration, disclosure, or destruction, taking into account the nature of the Customer Content and the risks associated with the processing.

(c) Security Incidents. Bookedin will notify you without undue delay after becoming aware of a confirmed breach of security that results in unauthorized access to or disclosure of Customer Content for which notification to you is required by applicable law, and will provide reasonable information and cooperation in relation to the incident as required by applicable law.

(d) Service Providers. Bookedin may engage affiliates and third-party service providers to process Customer Content in connection with the Services. Bookedin will require those parties to be subject to contractual obligations concerning the protection of personal data appropriate to the services they perform.

(e) Assistance and Deletion. Taking into account the nature of the processing and the functionality of the Services, Bookedin will provide reasonable assistance to enable you to respond to legally valid requests concerning Customer personal data where required by applicable law. Customer Content will be retained and deleted in accordance with Section 4 and applicable law.

(f) Data Processing Addendum. Where applicable data protection law requires additional contractual terms governing Bookedin’s processing of personal data on your behalf, the parties will enter into Bookedin’s applicable data processing addendum, which will form part of this Agreement.

5.4 Confidentiality.

(a) Confidential Information. “Confidential Information” means non-public information disclosed by or on behalf of one party to the other in connection with the Services that is identified as confidential or that, having regard to its nature or the circumstances of disclosure, a reasonable person would understand to be confidential. Bookedin’s Confidential Information includes non-public information concerning the Services, software, security, technology, product plans, pricing, and business operations. Confidential Information of the Provider includes non-public business information supplied to Bookedin in connection with the Services.

(b) Obligations. Each party will use the other party’s Confidential Information only as reasonably necessary to exercise its rights or perform its obligations under this Agreement and will protect that Confidential Information using reasonable care. A party may disclose Confidential Information to its employees, contractors, professional advisers, affiliates, and service providers who have a need to know the information for purposes connected with this Agreement and who are subject to appropriate confidentiality obligations.

(c) Exclusions. Confidential Information does not include information that the receiving party can demonstrate: (i) is or becomes publicly available other than through a breach of this Agreement; (ii) was lawfully known to the receiving party without restriction before disclosure; (iii) is lawfully received from a third party without an obligation of confidentiality; or (iv) is independently developed without use of the other party’s Confidential Information.

(d) Required Disclosure. A party may disclose Confidential Information where required by law, court order, or governmental authority, provided that, where legally permitted, it gives the other party reasonable notice of the required disclosure and reasonable assistance, at the other party’s expense, if the other party wishes to seek protective treatment.

The obligations in this Section survive termination of this Agreement for three (3) years, except with respect to trade secrets, which will remain protected for so long as they qualify as trade secrets under applicable law.

6. PROPRIETARY RIGHTS

6.1 Ownership and Intellectual Property. The Website and all of its content, including text, data, graphics, software, and the trademarks, service marks, and logos displayed, are owned by or licensed to Bookedin and are protected by applicable intellectual property law. Except for the limited right of access and use granted in Section 3, you receive no rights in the Services or their content. You may not copy, modify, distribute, reproduce, or create derivative works from any part of the Services or their content without Bookedin’s prior written consent. Bookedin reserves all rights not expressly granted.

6.2 Provider Names and Marks. You grant Bookedin a non-exclusive, royalty-free licence during the term of this Agreement to use your business name, trade names, trademarks, service marks, and logos solely as reasonably necessary to provide and operate the Services for you, including to identify your business on your Booking Page. Bookedin will not use your name, trademarks, or logos in public advertising, customer lists, case studies, press releases, or other promotional materials without your prior consent. Any consent given for promotional use may be withdrawn prospectively by written notice, subject to Bookedin being permitted to complete or continue distribution of materials already produced or published before receipt of that notice.

7. WARRANTIES AND LIABILITY

7.1 Disclaimer. THE SERVICES, INCLUDING ANY ONBOARDING, SETUP, TRAINING, AND SUPPORT, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION, CONDITION, OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BOOKEDIN AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND VENDORS DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION OBTAINED THROUGH THE SERVICES, WHETHER ORAL OR WRITTEN, CREATES ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO STOP USING

7.2 Exclusion of Liability. NEITHER BOOKEDIN NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, OR VENDORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, IS LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, BUSINESS, PROFITS, REVENUE, USE, REPUTATION, OR GOODWILL, ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT, INCLUDING GROSS NEGLIGENCE AND FUNDAMENTAL BREACH, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS.

7.3 Exclusive Remedy. THE TOTAL AGGREGATE LIABILITY OF BOOKEDIN FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT, INCLUDING GROSS NEGLIGENCE AND FUNDAMENTAL BREACH, ARISING FROM OR RELATED TO THE SERVICES, INCLUDING ANY ONBOARDING, SETUP, TRAINING, OR SUPPORT, SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO BOOKEDIN FOR THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

7.4 Release. The Services are only a venue for you to schedule reservations and, where enabled, request payment from your Customers. In the event of a dispute between you and a Customer, you release Bookedin and its affiliates, and their respective officers, directors, agents, investors, subsidiaries, and employees, from all claims, demands, and damages of every kind, known and unknown, arising out of or connected with that dispute, including any dispute over a payment made through a Payment Processor.

7.5 Indemnification. You agree to indemnify, defend, and hold harmless Bookedin, its officers, directors, employees, agents, affiliates, licensors, and suppliers from all losses, expenses, damages, and costs, including reasonable legal fees, resulting from:

(a) your breach of this Agreement;

(b) any allegation that Customer Content or material you submit infringes or violates the rights of a third party;

(c) any activity under your Account; and

(d) any dispute between you and a Customer, including any payment, refund, or chargeback.

8. DISPUTE RESOLUTION

8.1 Arbitration and Class Action Waiver.

(a) Binding Arbitration. Subject to Section 1(d), Section 8.1(e) and Section 8.1(h), any dispute, claim, or controversy arising out of or relating to this Agreement or the Services that is not resolved informally will be finally resolved by binding arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. in force when the arbitration is commenced. The arbitration will be heard by a single arbitrator. The seat and legal place of arbitration will be Winnipeg, Manitoba, Canada, and the arbitration will be conducted in English. The arbitration will be governed by The Arbitration Act (Manitoba). Judgment on the award may be entered and enforced in any court of competent jurisdiction.

(b) Arbitrator. The arbitrator will be appointed in accordance with the applicable ADR Institute of Canada rules and appointment procedures. The arbitrator will have authority to determine all issues relating to the arbitration, including the arbitrator’s jurisdiction and the validity, interpretation, and enforceability of this arbitration agreement, subject to any matter that applicable law requires a court to determine.

(c) Class Action Waiver. To the fullest extent permitted by applicable law, you and Bookedin agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, or class member in any class, collective, consolidated, or representative proceeding. Except with the written agreement of all affected parties, the arbitrator may not consolidate the claims of more than one Provider or preside over any class, collective, or representative proceeding.

(d) Injunctive and Interim Relief. Nothing in this Section prevents either party from applying to a court of competent jurisdiction for interim, interlocutory, injunctive, or other equitable relief where reasonably necessary to preserve rights pending the constitution or decision of the arbitral tribunal or to protect intellectual property, confidential information, or the security or integrity of the Services.

(e) Unenforceable Class Waiver. If the class action waiver in Section 1(c) is held unenforceable with respect to a particular claim and applicable law does not permit that claim to proceed in arbitration on an individual basis, that claim will proceed in court in accordance with Section 8.2. The remaining provisions of this Section 8.1 and any other claims subject to arbitration will remain enforceable to the fullest extent permitted by law.

(f) Confidentiality. Subject to applicable law and any disclosure reasonably required to enforce or challenge an award, the parties will keep confidential the existence and subject matter of the arbitration, the evidence and materials disclosed in the arbitration, and the award.

(g) Costs. The arbitrator may allocate the fees and costs of the arbitration and reasonable legal fees between the parties as the arbitrator considers appropriate, subject to applicable law.

(h) Small Claim Exception. Notwithstanding Section 1(a), either party may bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies and remains in that court and is not removed, transferred, or appealed to a court of general jurisdiction. This exception is available only for claims brought on an individual basis, and the class action waiver in Section 8.1(c) continues to apply.

8.2 Governing Law and Forum. This Agreement is governed by the laws of the Province of Manitoba and the federal laws of Canada applicable there, without regard to conflict of laws rules. Subject to Section 1, each party irrevocably submits to the exclusive jurisdiction of the courts of Manitoba and all courts competent to hear appeals from them.

9. GENERAL

9.1 Amendments. Except for changes to fees governed by Section 1(d), Bookedin may amend this Agreement from time to time. For amendments that are not material, Bookedin will post the amended Agreement and notify you by a reasonable means, and your continued use of the Services after the stated effective date constitutes acceptance. For material amendments, Bookedin will require you to accept the amended Agreement through a click-to-accept prompt before you continue using the Services. If you do not accept a material amendment, your right to use the Services ends and you may cancel under Section 3.2. This Section does not apply to changes to fees made in accordance with Section3.1(d).

9.2 Assignment. Bookedin may assign or transfer this Agreement, in whole or in part, including in connection with a sale of all or substantially all of its assets, without your consent. You may not assign or transfer this Agreement without Bookedin’s prior written consent. This Agreement binds and benefits the parties and their permitted successors and assigns.

9.3 Notices. Bookedin may give you notice through your Account, by email to the address associated with your Account, or by posting on the Website. You may give Bookedin notice through the contact channel identified on the Website. Notice is effective when sent or posted.

9.4 Relationship of the Parties. The parties are independent contractors. Nothing in this Agreement creates any partnership, joint venture, agency, or employment relationship, and neither party may bind the other.

9.5 Force Majeure. Bookedin is not liable for any failure or delay in performance to the extent caused by any event beyond its reasonable control, including act of God, war, terrorism, civil disturbance, fire, flood, storm, epidemic, power or telecommunications failure, or fuel shortage.

9.6 Entire Agreement and Order of Precedence. This Agreement, together with the Privacy Policy, the pricing and billing pages, and any data processing addendum entered into under Section 3, constitutes the entire agreement between the parties regarding the Services and supersedes any prior agreement, representation, or understanding concerning the Services. In the event of a conflict among the documents forming part of this Agreement, any applicable data processing addendum will govern with respect to the processing and protection of personal data, the pricing and billing pages applicable to your plan will govern with respect to fees, billing, plan-specific features, and usage limitations, and this Agreement will govern in all other respects. The Privacy Policy describes Bookedin’s privacy practices but does not modify the parties’ commercial rights or obligations under this Agreement except where this Agreement expressly provides otherwise. All other terms, whether express or implied by common law or statute, are excluded to the fullest extent permitted by law.

9.7 Severability and Waiver. If any provision of this Agreement is held illegal, invalid, or unenforceable, it is severed to the extent of the illegality, invalidity, or unenforceability, and the remainder continues in full force. No waiver of any provision is effective unless in writing, and no waiver of one provision or instance operates as a waiver of any other or as a continuing waiver.

9.8 Language. The parties have expressly requested that this Agreement and all related documents be drafted in English. Les parties ont expressément demandé que la présente convention et tous les documents s’y rapportant soient rédigés en anglais.

9.9 Survival. The following survive termination or expiry of this Agreement: Section 1, Section 4, Section 4.2 as to Customer Content already collected, Section 4.3, Section 5.1 as to data already collected, Section 5.3 to the extent applicable to Customer Content retained following termination, Section 5.4 for the period stated in that Section, Section 6.1, Section 7.1, Section 7.2, Section 7.3, Section 7.4, Section 7.5, Section 8.1, Section 8.2, Section 9.2, and Section 9.3, together with any accrued payment obligations and any other provision that by its nature should survive.

9.10 No Third Party Beneficiaries. Except as expressly provided in this Agreement, this Agreement is for the benefit of Bookedin and the Provider only and does not confer any right or benefit on any other person. Without limiting the foregoing, no Customer is a third party beneficiary of this Agreement, and any rights or obligations between Bookedin and a Customer are governed by the terms applicable directly between Bookedin and that Customer.

TERMS OF USE FOR CUSTOMERS

THIS IS A LEGAL AGREEMENT. READ IT CAREFULLY. BY CLICKING TO ACCEPT WHEN YOU BOOK, OR BY OTHERWISE USING THE BOOKING SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ACKNOWLEDGE THE PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE BOOKING SERVICES.

This Agreement is between Coldwin Software Inc., carrying on business as Bookedin (“Bookedin”, “we”, “us”, or “our”), and you, the individual who accesses a booking page or schedules, reschedules, or cancels an appointment, class, or other event through the services described below (the “Services”). The Services, the websites at bookedin.com and scheduler.bookedin.com, and all content and functionality available through them are referred to as the “Website”. Your use of the Services is also subject to Bookedin’s privacy policy available on the Website (the “Privacy Policy”), which you acknowledge by accepting this Agreement. Bookedin may amend this Agreement in accordance with Section 16 below.

1. Eligibility and Responsibility for Minors. To use the Services and to accept this Agreement you must be of the age of majority in your jurisdiction and have the legal capacity to enter into this Agreement. By accepting this Agreement you represent and warrant that either: (a) you are of the age of majority and are using the Services on your own behalf; or (b) you are of the age of majority and are the parent or legal guardian of the individual for whom the booking is made, and you accept this Agreement both on your own behalf and on behalf of that individual, and you are responsible for that individual’s use of the Services and for all activity under the booking. If you do not or cannot make one of these representations, you may not use the Services.

2. Ownership. The Website and all of its information and contents, such as text, data, sound, messages, graphics, software and the HTML used to generate the pages (collectively, “Materials and Content”), is the property of Bookedin and its licensors and is protected under applicable patent, copyright and/or trademark law. The names and logos identifying the Website and its services are either trademarks of Bookedin or trademarks which Bookedin is licensed to use.

3. Permitted and Prohibited Uses. This Website may be used only for lawful purposes and is available only for your personal, non-commercial use, which shall be limited to viewing the Website, using the Services, and providing information to the Website. You may not use the Website if you live in a jurisdiction where access to or use of the Website may be illegal or prohibited by applicable law. You agree that any other use of the Material and Content is strictly prohibited and you agree that you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, commercially exploit or create derivative works of or distribute any Materials and Content from this Website in whole or in part, for any purpose without the specific prior written permission of Bookedin.

4. Termination. Bookedin shall be entitled to terminate your permission to use the Website and/or shall be entitled to terminate the operation of the Website at any time, without notice. Bookedin may, in its sole discretion, modify, change, suspend or terminate, temporarily or permanently, the Website or any part of it or any of its Services at any time, for any reason, without any notice or liability to you or any other person.

5. Services. The Website offers a platform to facilitate the scheduling of online reservations between you and service providers who make their services, classes, and other schedulable events available through Bookedin. Bookedin also allows you to cancel future reservations or re-book past reservations. In connection with a booking, Bookedin may send you communications by email, text message, or push notification. These include booking-related messages such as confirmations, changes, cancellations, and reminders, and, where the service provider you booked with has enabled them, post-booking messages such as thank-you messages, follow-up messages, and requests for a review. By providing your contact information and making a booking, you consent to receive booking-related messages. Post-booking and any marketing or promotional messages are sent only where any consent required by applicable law has been obtained, and you can decline them without affecting your booking. Message and data rates may apply, and you may be responsible for charges from your mobile carrier. You may opt out of text messages by replying STOP, and you may opt out of push notifications through your device Opting out may affect your ability to receive booking confirmations and reminders. Bookedin is not responsible for providing customer support, bug fixes, documentation, or any other support for the Website.

6. Your Conduct. You warrant and undertake that in your use of the Website you shall:

(a) use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by, any third party;

(b) not engage in any conduct which is unlawful, which may harass or cause distress or inconvenience to any person or which may promote an illegal activity, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(c) not engage in any conduct which is fraudulent, deceptive, threatening, abusive, harassing, pornographic, tortious, defamatory, vulgar, obscene, libelous, scandalous, offensive to public morals, or other conduct which Bookedin finds, in its sole discretion, to be objectionable;

(d) attend your reservation as scheduled when scheduling a reservation at the Website or cancel your reservation according to the cancellation policy of the service provider. You agree that you will not schedule reservations you do not intend to keep;

(e) not use the Website for any commercial use, without the prior written authorization of Bookedin. Prohibited commercial uses include any of the following actions taken without Bookedin’s express approval: sale of access to the Website or its related services on another website; use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue; the sale of advertising, on the Website or any third-party website, targeted to Bookedin content; and any use of the Website or its related services that Bookedin finds, in its sole discretion, to use Bookedin’s resources with the effect of competing with or displacing the market for Bookedin;

(f) not use the Website to impersonate or schedule reservations on behalf of another individual. You may never use another’s account without permission;

(g) not transmit or distribute any material or information which contravenes any applicable law or any person’s legal rights, including intellectual property rights, privacy rights and publicity rights;

(h) not post any information which is threatening, abusive, defamatory, obscene, incomplete, false, inaccurate or not your own;

(i) not solicit from or provide to other users passwords, telephone numbers, street addresses, email addresses or other personal identifying information or use the communication systems provided by the Website (e.g. comments, email) for any solicitation purposes;

(j) not collect or harvest any personally identifiable information, including account names, from the Website;

(k) not interfere in any way with the Website’s or Bookedin’s networks or network security, or attempt to use the Website’s service to gain unauthorized access to any other computer system;

(l) not access data that is not intended for you;

(m) not log on to a Bookedin server or account, unless you have been authorized to access same;

(n) not probe, scan or test the vulnerability of a system or network or breach or attempt to breach security or authentication measures;

(o) not interfere with the operation of the Website, Bookedin’s provision of services to any other visitors to the Website, or Bookedin’s hosting provider or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing” the Website, or launching any automated system, such as “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends numerous request messages to the Bookedin servers in a given period of time. Notwithstanding the foregoing, Bookedin grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Bookedin reserves the right to revoke these exceptions either generally or in specific cases;

(p) not access the Website to develop any software or other technology having the same primary function as the Website, including but not limited to using the Website in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Website;

(q) not forge any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to Bookedin’s Website; and

(r) use current virus monitoring software when using the Website.

Violations of system or network security may result in civil or criminal liability. Bookedin will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations.

7. No Advice or Endorsement. The Website provides a medium to facilitate the scheduling of online reservations between you and service providers. Bookedin is an independent operation and does not endorse, and makes no representation or warranty in respect of any Third Party service, class or other schedulable event. You acknowledge that Bookedin is not responsible for the quality or performance of any services, classes, and other schedulable events.

8. Your Booking Information. The service provider you book with is responsible for the personal information collected about you through the Services and determines how that information is used. As between the service provider and Bookedin, the service provider is the controller of that information and Bookedin processes it on the service provider’s behalf to provide and operate the Services. The service provider’s handling of your information is governed by the service provider’s own privacy policy. Requests to access, correct, or delete your booking information should be directed to the service provider you booked with. Bookedin’s own handling of information is described in the Privacy Policy.

9. Privacy and Tracking. Your use of the Services is subject to the Privacy Policy, which describes how Bookedin collects, uses, and discloses information and the tracking and analytics technologies used on the Website. You acknowledge and consent that Bookedin and its service vendors use cookies, tracking, analytics, and similar technologies on the Website as described in the Privacy Policy. Non-essential technologies are configured not to operate until consent is given through Bookedin’s consent tool, and you may manage your preferences at any time through the persistent preferences link on the Website. Refusing non-essential technologies will not prevent you from making a booking, though some features may be affected.

10. Payments to Service Providers. Where a service provider enables payment or deposit requests through the Services, any payment you make is a payment to the service provider, processed by a third party payment processor under that processor’s own terms. Bookedin is not a party to that transaction, does not act as merchant of record, and does not hold or control your funds. All matters relating to a payment, deposit, refund, chargeback, or the underlying service are between you and the service provider.

11. DISCLAIMER. THE WEBSITE, SERVICES AND THE MATERIALS AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE). BOOKEDIN AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND THEIR RESPECTIVE AGENTS DISCLAIM ALL REPRESENTATIONS, TERMS, CONDITIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO, THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BOOKEDIN DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. BOOKEDIN MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE INCLUDING SERVICES, CLASSES AND OTHER SCHEDULABLE EVENTS SHALL CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

12. EXCLUSION OF LIABILITY. NEITHER BOOKEDIN NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, IS LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WEBSITE, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY BOOKEDIN OR ANY PERSON FOR WHOM BOOKEDIN IS RESPONSIBLE, EVEN IF BOOKEDIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.

13. EXCLUSIVE REMEDY. THE TOTAL AGGREGATE LIABILITY OF BOOKEDIN FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY, REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH), ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law, or any right or remedy you have under mandatory consumer protection law, and nothing limits either party’s right to seek equitable relief. Where applicable law does not permit the exclusion or limitation of certain damages, the exclusions and limits in Sections 11 and 12 apply to the fullest extent permitted by that law.

14. Release. The Website is only a venue for scheduling online reservations between you and a service provider, and where enabled for making payment to a service provider. In the event that you have a dispute arising from your interaction with a service provider, you release Bookedin and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, including any dispute over a payment made through a payment processor. This Section does not limit any right or remedy you have under mandatory consumer protection law.

15. Indemnification. You agree to indemnify, defend, and hold harmless Bookedin, its officers, directors, employees, agents, affiliates, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from (a) any violation of these terms and conditions, (b) any allegation that any information or material submitted by you to Bookedin violates any intellectual property, proprietary, contract, or other right of any third party, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.

16. Dispute Resolution.

(a) Binding Arbitration. Subject to paragraphs (d), (e), and (f), any dispute, claim, or controversy arising out of or relating to this Agreement or the Services that is not resolved informally will be finally resolved by binding arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. in force when the arbitration is commenced. The arbitration will be heard by a single arbitrator. The seat and legal place of arbitration will be Winnipeg, Manitoba, and the arbitration will be conducted in English. The arbitration will be governed by The Arbitration Act (Manitoba). Judgment on the award may be entered and enforced in any court of competent jurisdiction.

(b) Authority of Arbitrator. The arbitrator will be appointed in accordance with the applicable ADR Institute of Canada rules and will have authority to determine all issues relating to the arbitration, including the arbitrator’s jurisdiction and the validity, interpretation, and enforceability of this arbitration agreement, subject to any matter that applicable law requires a court to determine.

(c) Class Action Waiver. To the fullest extent permitted by applicable law, you and Bookedin agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, or class member in any class, collective, consolidated, or representative proceeding. Except with the written agreement of all affected parties, the arbitrator may not consolidate the claims of more than one person or preside over any class, collective, or representative proceeding.

(d) Injunctive and Interim Relief. Nothing in this Section prevents either party from applying to a court of competent jurisdiction for interim, interlocutory, injunctive, or other equitable relief where reasonably necessary to preserve rights pending the decision of the arbitral tribunal or to protect intellectual property, confidential information, or the security or integrity of the Services.

(e) Unenforceable Class Waiver. If the class action waiver in paragraph (c) is held unenforceable with respect to a particular claim and applicable law does not permit that claim to proceed in arbitration on an individual basis, that claim will proceed in court in accordance with Section 16. The remaining provisions of this Section and any other claims subject to arbitration will remain enforceable to the fullest extent permitted by law.

(f) Small Claims. Notwithstanding paragraph (a), either party may bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies and remains in that court. This exception is available only for claims brought on an individual basis, and the class action waiver in paragraph (c) continues to apply.

17. Applicable Law. This Agreement shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of Manitoba and the federal laws of Canada applicable therein. Subject to Section 15, each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom. Nothing in this Section deprives you of the protection of any mandatory consumer protection law of your place of residence, or of any right you have to bring proceedings in the courts of that place where that right cannot lawfully be excluded.

18. Entire Agreement. This Agreement as well as Bookedin’s Privacy Policy shall constitute the entire agreement of the parties in relation to the use of the Website, and this Agreement supersedes any other agreements between the parties in this matter. All other terms, conditions, warranties or other stipulations concerning the Website whether express or implied by common law or under statute are excluded to the fullest extent permitted by law.

19. Severability. If any term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.

20. Amendments and Waivers. Bookedin may amend this Agreement from time to time. For amendments that are not material, Bookedin will post the amended Agreement and your continued use of the Services after the stated effective date constitutes acceptance. For material amendments, Bookedin will require you to accept the amended Agreement through a click-to-accept prompt before you continue using the Services. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise provided.

21. Force Majeure. Bookedin shall not be liable for any breach of this Agreement by it to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power outage, fuel shortage or any other similar cause beyond the reasonable control of Bookedin.

22. Cookies. Bookedin uses cookies and similar technologies to operate the Website, remember your settings, provide personalized content, measure the effectiveness of its communications, and understand aggregate usage. Non-essential cookies are governed by the consent tool described in Section 8. Your consent choices are remembered so that you are not re-prompted on each visit, and you may change them at any time through the preferences link. If you decline non-essential cookies, some features may be affected.

23. Language. The parties hereto have expressly requested that this Agreement and all related documents be drafted in English. Les parties aux présentes ont expressément requis que les présentes et tout document y affèrent soient rédigés en langue anglaise.

24. Intellectual Property. The content on the Website (“Content”) and the trademarks, service marks and logos included on the Website (“Marks”), are owned by or licensed to Bookedin, subject to copyright and other intellectual property rights. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Bookedin reserves all rights not expressly granted in and to the Website and the Content.