Bookify Terms of Service
Welcome to the Bookify website. If you continue to browse or use this website you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms”) which govern our relationship with you in relation to this website. If you disagree with any part of these Terms, please do not use our website.
The term “we” means Bookify Limited, a company registered in England whose registered office is 9 Waterside, Sale, Manchester, England, M33 7LQ and company registration number is 9559910 (“we”, “us” and “our” will be construed accordingly). Bookify Limited is the owner and operator of the Bookify website www.bookifyapp.com (the “Website”) and its related websites, services, applications or tools (collectively referred to in these Terms as "Bookify").
The term “you” refers to the user of our Website, or to a subscriber to our Services (also referred to in these Terms as a “Customer”).
Use of this Website
Unless otherwise stated, Bookify owns the intellectual property rights in the Website and all content and material on the Website. Subject to the license below, all these intellectual property rights are reserved.
You may view Website pages, download Website pages and print Website pages, subject to the restrictions set out below and elsewhere in these Terms.
You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of malicious computer software.
If we provide you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential. You are responsible for all activities that occur through your account and you are responsible for ensuring that any persons who have access to your account comply with these Terms.
We may disable your user ID and password at our sole discretion without prior notice, if we believe you are making improper use of the Website.
Use of the Services
Bookify provides a cloud-based booking management application and e-commerce platform (the “Platform”), which allows users to make use of certain systems, tools and services provided by Bookify through the Website (the “Services”).
In consideration of payment of the Subscription Fees, Bookify grants you a limited, revocable, non-exclusive, non-sublicensable license to use the Services for the period of your subscription. All other rights, title and interest in and to, the Services are expressly reserved by Bookify. You are not permitted to re-sell or re-license the Services.
We may provide e-signature and storage solutions as part of the Services offered. We do not guarantee or warrant that the e-signature solution will create binding or legally-enforceable contracts in any particular jurisdiction and you are aware that you remain responsible for regularly downloading and retaining copies of all stored documents.
Subscription Charges and Termination of your Account
We charge a subscription fee for the use of our Services. You will find details of these fees on our Website. You agree to pay all fees (including any applicable taxes) related to your use of the Services in accordance with the payment terms set out on the Website.
If any subscription fees are due for payment and you fail to pay for those services more than one week following their due date, this may result in your account being suspended. Any payment not received within thirty (30) days after the applicable due date shall be considered a default under these Terms which shall entitle Bookify to suspend or deactivate your account and your use of the Services. We may not provide advanced notice of suspension or deactivation of your account for late payment.
We may change our fee rates or payment terms at any time. If we do make such changes, we will notify you either through the Website or direct to your contact email. You will be given the opportunity to discontinue use of the Website before any such changes are put into effect.
If you choose to terminate your subscription or if we are forced to terminate your account for non-payment, or for any other reason, you are aware that such action may result in the loss of Your Data. It is agreed that we will not accept any liability for such loss.
You have the right to cancel your subscription at any time. Should you wish to do so, please use the cancellation option which is found in your account settings on the Website. However, do note that we do not refund any subscription fees.
Bookify reserve the right to suspend or terminate any Customer account if you breach any of these Terms or for any other reason at our entire discretion.
Customer Support Services
We provide online support services to Customers. You will find details of our support services on our Website.
We reserve our rights to change the terms of our support services at any time, including ceasing any such services.
As part of our support services, we may provide support or discussion forums which allow the submission of text, images, videos or other content by you and other users ("User Content") and the hosting and publishing of such User Content. You understand that whether or not such User Content are published, we do not guarantee any confidentiality with respect to any User Content.
You represent and warrant that:
- you own or have the necessary rights and permissions to use and authorize us to use all copyright, trademark or other proprietary rights in and to any User Content to enable inclusion and use on the Website and in accordance with these Terms; and
- whilst, you retain all of your ownership rights in your User Content, by submitting the User Content to us, you hereby grant us, in addition to any other rights which we may have, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of, display and broadcast the User Content in connection with the Website and our business, including without limitation to grant access to the Website to third parties to view the User Content (and derivative works thereof).
- you will not: (i) submit material that is false or misleading copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Content and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us, our business or any third party; (iii) submit material that is unlawful, obscene, libelous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or (iv) misidentify yourself in submitting the User Content or misstate your true identity.
Any breach of the above warranties will result in the user’s account being immediately terminated and may result in the user becoming liable to legal action.
We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. You understand that when using the Website, you will be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
Copyright and Licence
This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, look, appearance and graphics and all of the educational material available on the Website including lessons, tests and test papers. You are not permitted to copy any aspect of our Website.
You are granted a licence to use the material contained in this Website subject to the restrictions described in these Terms.
Unless otherwise specified in these Terms, no user of the Website is permitted to:
- republish material from this Website (including republication on another Website);
- sell, rent, license, sublicense, lease, distribute, copy, duplicate, publish or reproduce material from the Website and any material or any part thereof for use by any third party (other than providing the materials free of charge to your own students);
- use any material in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable.
If you breach these Terms in any way then the licence granted to you will be automatically terminated upon such breach and we may take such action as we deem appropriate to deal with the breach, including terminating your membership, suspending or prohibiting your access to the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
You must retain, and must not delete or remove any copyright notices and other proprietary notices placed by us on any material.
You may export Your Data at any time. When your account is closed, Your Data may be deleted and will be no longer be accessible to you.
Security and Hosting
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
However, as you may be aware, all websites are ultimately susceptible to being attacked and/or hacked, no matter what level of protection is put in place. Therefore, we cannot be held responsible in the unlikely event that a security breach occurs.
We do not warrant or guarantee the confidentiality of any communications made through the Platform, that the Platform is compatible with your computer system or that the Platform, or any links therein, will be free of viruses, worms, trojan horses or disabling devices or other destructive or contaminating code.
You accept all of these risks and are responsible for implementing safeguards to protect the security and integrity of your computer system. You are responsible any costs incurred by you as a result of your use of the Platform.
This Website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this Website or the information and material provided on this Website.
The content of the pages of this Website is for your educational purpose and use only and it is subject to change without prior notice.
We do not warrant that this Website will be constantly available, or available at all; or that the information on this Website is complete, true, accurate or non-misleading.
You acknowledge that information and material found or offered on this Website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this Website and the use of this Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations and Exclusions of Liability
To the extent that the Website and the information and services on the Website are provided, our liability to you in relation to the use of our Website or under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will be limited as follows: Bookify and its employees, agents and contractors will not be liable to you for any loss or damage of any nature whether arising directly or indirectly from the use of or reliance on information obtained from this Website; Bookify and its employees, agents and contractors will not be liable for any consequential, indirect or special loss or damage and will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.
Nothing in these Terms will limit or exclude our liability for death or personal injury resulting from negligence, limit or exclude our liability for fraud or fraudulent misrepresentation or limit any of our liabilities in any way that is not permitted under applicable law. The maximum financial liability of Bookify shall in no circumstance exceed the subscription fees paid by the Customer.
By using this Website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use this Website.
If you breach these Terms you will be held fully responsible for any loss suffered by us as result of such breach and will be held accountable for all losses caused or profits gained by you from breaching these Terms.
You agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses) incurred or suffered by us arising out of any breach by you of any provision of these Terms.
This Website may contain links to other Websites that are not under the control of and are not maintained by us. We are not responsible for the content or reliability of the linked Websites. We provide these links for your convenience only but do not endorse the material on those sites.
The failure by us to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the right at any time subsequently to enforce all Terms.
If any provision of these Terms shall be found by any court to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
We may revise these Terms from time-to-time. Revised Terms will apply to the use of our Website from the date of the publication of the revised Terms on our Website. Please check this page regularly to ensure you are familiar with the current version.
Exclusion of Third Party Rights
These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.
These Terms constitute the entire agreement between you and us in relation to your use of our Website, and supersede all previous agreements in respect of your use of this Website.
Jurisdiction and Governing Law
These Terms shall be governed by and construed in accordance with English law. Any dispute, claim or matter arising out of, or relating to, these Terms shall be subject to the exclusive jurisdiction of the English courts.
Questions and Comments
If you have any questions regarding these Terms or your use of our Services, please contact us at:
Last Edited on 2018-05-05
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