Terms of Service
Terms of Service
These terms have been adapted from the WordPress Terms of Service that they kindly made available under a Creative Commons Sharealike license. As such, you're more than welcome to steal it and repurpose it for your own use as long as you credit Automattic.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Bookwhen, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your bookwhen.com Account and Site. If you create a booking page on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the bookings. You must not describe or assign keywords to your booking page in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Bookwhen may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Bookwhen liability. You must immediately notify Bookwhen of any unauthorised uses of your booking page, your account or any other breaches of security. Bookwhen will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Bookwhen will not be liable for any booking refunds, losses or damages that your customers may be issuing against you, irrespective of whether the cause was human error or an error in or misuse of the software.
Booking page administrators must not collect data from attendees that is beyond what is required for the running of the service on offer. Any details collected will not be shared with any 3rd party unless specifically agreed by the attendee beforehand. You will keep the attendees email safe and not use it for spam. You may use attendee emails to send occasional newsletters as long as they are closely related to the service that the attendees originally signed up for. Any said newsletters will provide an easy unsubscribe option.
Responsibility of Contributors. If you operate a booking page, put links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libellous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your booking page is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
- your booking page is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your booking page's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by Bookwhen or otherwise.
By submitting Content to Bookwhen for inclusion on your Website, you grant Bookwhen a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your booking page. If you delete Content, Bookwhen will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Bookwhen has the right (though not the obligation) to, in Bookwhen's sole discretion (i) refuse or remove any content that, in Bookwhen's reasonable opinion, violates any Bookwhen policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Bookwhen's sole discretion. Bookwhen will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment. Optional premium paid services are available on the Website. By selecting a premium service you agree to pay Bookwhen the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
Responsibility of Website Visitors. Bookwhen has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Bookwhen does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Bookwhen disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which bookwhen.com links, and that link to bookwhen.com. Bookwhen does not have any control over those non-bookwhen websites and webpages, and is not responsible for their contents or their use. By linking to a non-bookwhen website or webpage, Bookwhen does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Bookwhen disclaims any responsibility for any harm resulting from your use of non-bookwhen websites and webpages.
Copyright Infringement. As Bookwhen asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by bookwhen.com violates your copyright, you are encouraged to notify Bookwhen. Bookwhen will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Bookwhen or others, Bookwhen may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Bookwhen will have no obligation to provide a refund of any amounts previously paid to Bookwhen.
Intellectual Property. This Agreement does not transfer from Bookwhen to you any Bookwhen or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Bookwhen. Bookwhen, bookwhen, bookwhen.com, the bookwhen.com logo, and all other trademarks, service marks, graphics and logos used in connection with bookwhen.com, or the Website are trademarks or registered trademarks of Bookwhen or Bookwhen's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Bookwhen or third-party trademarks.
Changes. Bookwhen reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Bookwhen may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Bookwhen may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your bookwhen.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a premium (non-free) account, such account can only be terminated by Bookwhen if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Bookwhen's notice to you thereof; provided that, Bookwhen can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided "as is". Bookwhen and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Bookwhen nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Bookwhen, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Bookwhen under this agreement during the twelve (12) month period prior to the cause of action. Bookwhen shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Bookwhen, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Bookwhen and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Bookwhen, or by the posting by Bookwhen of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Bookwhen may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Copyright. This website and its content is copyright of Bookwhen. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- you may print or download to a local hard disk extracts for your personal and non-commercial use only.
- you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Disclaimer. The information contained in this website is for general information purposes only. The information is provided by Bookwhen and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Bookwhen. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Bookwhen takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.