Terms Of Use - BookedIN

Terms Of Use

Date of Last Revision 14/08/2019

TERMS OF USE [FOR SERVICE PROVIDERS]

THIS IS A LEGAL AGREEMENT. IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU MUST DISCONTINUE YOUR USE OF THE WEBSITE.

Welcome to BookedIN.com, (collectively, including all content and functionality available through the BookedIN.com domain name, the “Website” or “BookedIN”). Please read these terms and conditions (this “Agreement”) carefully as they govern your access and use of BookedIN, and the BookedIN services available via the Website (the “Services”). Please note that your use of the Website constitutes your agreement to follow and be bound by the terms of this Agreement. If you do not agree to this Agreement, please do not use this Website. BookedIN may revise this Agreement at any time, at its sole discretion, by posting an amended Agreement on the Website. Any changes that BookedIn makes to this Agreement will be effective immediately upon posting.

  1. Responsibility for Minors.

    This Website may only be used by individuals who are over the age of majority or by a minor who is 16 years old or older in cases where the minor’s parent or legal guardian has authorized the minor to use the Website, in which case the parent or legal guardian accepts full responsibility for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Website or any of the Services; and (iii) the consequences of any misuse by the minor and all of the other terms and conditions of this Agreement and further agrees to indemnify and hold harmless BookedIN from and against any claims, demands or liabilities arising out of the minor’s use of this Website.

  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, 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 for you to make your services, classes and other schedulable events available for your customers by facilitating the scheduling of online reservations. BookedIN is not responsible for providing customer support, bug fixes, documentation, or any other support for the Website.

  6. Account.

    You must register with BookedIN and create an account to use the Website and schedule reservations. You agree that information you provide when creating a user account at the Website is true and accurate, and that you will update this information promptly should it change. Failure to provide accurate information is a breach of these Terms of Use. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or BookedIN for accessing the Website. You are solely and fully responsible for all activities that occur under your password or account. You must notify BookedIN immediately of any breach of security or unauthorized use of your account. You agree that if your password is used on the Website, we may attribute all use to you.

  7. Your Conduct.

    You warrant and undertake that in your use of the Website you shall:

    • 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;
    • 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;
    • 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;
    • provide your services as scheduled when taking bookings on the Website or cancel your booking with notice to your customer. You agree that you will not take bookings you do not intend to keep;
    • not use the Website for any prohibited 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;
    • never use another’s account without permission;
    • not use an account that you are not authorized to use;
    • 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;
    • not post any information which is threatening, abusive, defamatory, obscene, incomplete, false, inaccurate or not your own;
    • 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;
    • Not collect or harvest any personally identifiable information, including account names, from the Website, nor to
    • 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;
    • not access data that is not intended for you;
    • not log on to a BookedIN server or account, unless you have been authorized to access same;
    • not probe, scan or test the vulnerability of a system or network or breach or attempt to breach security or authentication measures;
    • not interfere or interfering with the operation of the Website, BookedIN’s provision of services to any other visitors to the Website, BookedIN’s hosting provider or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing” the Website; launch any automated system, such as “robots,” “spiders,” or “offline readers,” that access the Website in a manner that send 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;
    • You may 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;
    • 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
    • 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.

  8. 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.

  9. 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.

  10. 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, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES 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, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, 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. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

  11. EXCLUSIVE REMEDY.

    THE SOLE AND EXCLUSIVE MAXIMUM 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 BE $100.

  12. Release.

    The Website is only a venue for you to schedule online reservations with your customers. In the event that you have a dispute arising from your interaction with a customer, 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.

  13. 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.

  14. Linking, Framing and Data Mining.

    BookedIN makes no representations whatsoever about any other websites which you may access through the Website or which may link to the Website. Links to the Website without the express written permission of BookedIN are strictly prohibited. When you access any other website you understand that it is independent from BookedIN and that BookedIN has no control over the content or availability of that website. In addition, a link to any other site does not mean that BookedIN endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offense caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. The framing, mirroring, scraping, harvesting or data-mining of the Website or any of its content in any form and by any means is strictly prohibited.

  15. Login Credentials.

    Parts of the Website may only be accessible only to users who have been issued a login name and password (collectively “Credentials”) by BookedIN. For the purposes of accessing the Website, the Credentials remain the property of BookedIN and may be cancelled or suspended at any time by BookedIN in its discretion without any notice or liability to you or any other person. BookedIN is not under any obligation to verify the actual identity or authority of any person using Credentials to access and use the Website. BookedIN may act upon any communication that is given with the use of Credentials. If you have been issued Credentials: (i) you are fully responsible and liable for the security of the Credentials and any and all use and misuse of the Credentials; (ii) you will keep the Credentials secure and confidential at all times and not disclose the Credentials to any other person or permit any other person to use the Credentials; and (iii) you will immediately notify BookedIN by email using the BookedIN Contact Us URL if you know or suspect that any Credentials have been lost or stolen or become known to or used by any other person.

  16. 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 supersede 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.

  17. Severability.

    If any of 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.

  18. Amendments and Waivers.

    No amendment or waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. 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.

  19. 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.

  20. 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, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom.

  21. Cookies.

    BookedIN may use Cookies to keep track of log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the Website; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in any promotions. If you do not accept Cookies your use and enjoyment of this Website may be adversely affected.

  22. 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.

  23. 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.

 

TERMS OF USE [FOR CUSTOMERS OF SERVICE PROVIDERS]

THIS IS A LEGAL AGREEMENT. IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU MUST DISCONTINUE YOUR USE OF THE WEBSITE.

Welcome to BookedIN.com, (collectively, including all content and functionality available through the BookedIN.com domain name, the “Website” or “BookedIN”). Please read these terms and conditions (this “Agreement”) carefully as they govern your access and use of BookedIN, and the BookedIN services available via the Website (the “Services”). Please note that your use of the Website constitutes your agreement to follow and be bound by the terms of this Agreement. If you do not agree to this Agreement, please do not use this Website. BookedIN may revise this Agreement at any time, at its sole discretion, by posting an amended Agreement on the Website. Any changes that BookedIn makes to this Agreement will be effective immediately upon posting.

    1. Responsibility for Minors.

      This Website may only be used by individuals who are over the age of majority or by a minor who is 16 years old or older in cases where the minor’s parent or legal guardian has authorized the minor to use the Website, in which case the parent or legal guardian accepts full responsibility for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Website or any of the Services; and (iii) the consequences of any misuse by the minor and all of the other terms and conditions of this Agreement and further agrees to indemnify and hold harmless BookedIN from and against any claims, demands or liabilities arising out of the minor’s use of this Website.

    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. BookedIN may also message you via “Push” messaging, which you can opt-out of on your mobile device. BookedIN is not responsible for providing customer support, bug fixes, documentation, or any other support for the Web Site.

    6. Your Conduct.

      You warrant and undertake that in your use of the Website you shall:

      • 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;
      • 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;
      • 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;
      • 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;
      • 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;
      • not use the Website to impersonate or schedule reservations on behalf of another individual. You may never use another’s account without permission;
      • 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;
      • not post any information which is threatening, abusive, defamatory, obscene, incomplete, false, inaccurate or not your own;
      • 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;
      • not collect or harvest any personally identifiable information, including account names, from the Website, nor to
      • 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;
      • not access data that is not intended for you;
      • not log on to a BookedIN server or account, unless you have been authorized to access same;
      • not probe, scan or test the vulnerability of a system or network or breach or attempt to breach security or authentication measures;
      • not interfere or interfering with the operation of the Website, BookedIN’s provision of services to any other visitors to the Website, BookedIN’s hosting provider or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing” the Website; launch any automated system, such as “robots,” “spiders,” or “offline readers,” that access the Website in a manner that send 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;
      • You may 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;
      • 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
      • 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. 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.

    9. 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, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES 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, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, 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. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

    10. EXCLUSIVE REMEDY.

      THE SOLE AND EXCLUSIVE MAXIMUM 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 BE $100.

    11. Release. 

      The Website is only a venue for scheduling online reservations between you and 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.

    12. 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.

    13. Linking, Framing and Data Mining. 

      BookedIN makes no representations whatsoever about any other websites which you may access through the Website or which may link to the Website. Links to the Website without the express written permission of BookedIN are strictly prohibited. When you access any other website you understand that it is independent from BookedIN and that BookedIN has no control over the content or availability of that website. In addition, a link to any other site does not mean that BookedIN endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offense caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. The framing, mirroring, scraping, harvesting or data-mining of the Website or any of its content in any form and by any means is strictly prohibited.

    14. 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 supersede 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.

    15. Severability. 

      If any of 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.

    16. Amendments and Waivers. 

      No amendment or waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. 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.

    17. 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.

    18. 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, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom.

    19. Cookies. 

      BookedIN may use Cookies to keep track of log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the Website; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in any promotions. If you do not accept Cookies your use and enjoyment of this Website may be adversely affected.

    20. 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.

    21. 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.