Terms of Use
1. Introduction and Acceptance of Terms
2. Interpretation and Definitions
3. Eligibility and User Registration
4. Provision of the BookFor Service
5. Amandements to the Terms of Use
6. Electronic Communications and Notices
7. Intellectual Property Rights
13. Client Content, Client Data, and Personal Data Protection
21. Third-Party Services and Websites
22. Governing Law & Competent Court; Dispute Resolution
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Introduction and Acceptance of Terms
- Effective Date: These Terms of Use become effective as of 26 April 2024.
- Welcome: Welcome to BookFor! BookFor is a platform and brand operated within the United Kingdom by OK Software Holdings Limited, a company duly registered in the UK with Companies House under Company Number: 13775431. Our registered office is located at 23 Luxus House, Forge Lane, Moorlands Trading Estate, Saltash, Cornwall, PL12 6LX, United Kingdom. Throughout these Terms of Use, OK Software Holdings Limited will be referred to as “BookFor“.
- Agreement Formation: By accessing, using, or engaging with the BookFor platform in any manner, you are forming a legally binding agreement with BookFor. You hereby agree to abide by these Terms of Use, our Privacy Policy, and Cookie Policy, including any additional license terms that may accompany the platform (as outlined in Section 1), along with any documents and terms linked within these Terms of Use.
- Applicability: The Terms of Use set forth in the following sections are applicable to the services provided by BookFor to all clients and customers (as defined in Section 1), except where specific provisions are inherently applicable only to one of these two categories of users.
- Understanding and Agreement: It is important that you read and understand all terms as they collectively constitute the agreement that governs your use of BookFor. Should you disagree with any part of this text, you are advised to discontinue your use of BookFor immediately.
- Data Processing Information: For information on how we process your personal data, we encourage you to review our Privacy Policy and Cookie Policy.
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Interpretation and Definitions
- In the context of these Terms of Use, our Privacy Policy, and any related documents, the terms listed below shall be understood as follows:
- “Agreement” refers to the binding legal relationship established by these Terms of Use, inclusive of any amendments made in accordance with Clause 4 (Amendments to Terms of Use), the Privacy Policy, any supplemental license terms accompanying the Platform, and any terms referenced herein.
- “Client” denotes any natural person or legal entity who enters into this Agreement with BookFor and engages with the Service in any capacity. This includes both individuals and business entities, along with their respective employees as defined within this document.
- “Client Account” is the account created by a Client on the BookFor platform, enabling access to and creation of Client Content within the Service.
- “Client Content” encompasses all forms of content submitted, stored, or generated by the Client within the BookFor environment, including but not limited to data, text, images, and personal information.
- “Client Data” refers to electronic data input or collected through the Platform or Service by or from Clients, encompassing personal data as defined in our Privacy Policy and specifically including personal information provided by Employees or Customers for the provision of the Client’s Services under this Agreement.
- “Client Page” is the webpage established by a Client upon account creation, accessible to Customers for the purpose of booking the Client’s services via the BookFor platform.
- “Client’s Services” are the services offered by the Client and available for booking by Customers through the BookFor platform, which may include a wide range of professional and personal services.
- “Custom Features” signifies features not included in the Free Plan, accessible only through one of the Paid Plans.
- “Content” refers to the collective features, resources, and information made available to the Client by BookFor, including software, data, text, images, and interactive functionalities.
- “Cookie Policy” is an integral part of the Privacy Policy and Terms of Use, detailing the use of cookies on our Website. It can be accessed at https://bookfor.co.uk/cookie-policy/.
- “Customer” represents any individual or legal entity utilising BookFor to book appointments or purchase services online through a Client Page.
- “Customer Account” is an account provided by BookFor to Customers, facilitating the booking of appointments with Clients. Booking can be done without creating a Customer Account.
- “Dashboard” is the interface provided by the Service, visible to the Client, including Super Admins, Managers, and Employees granted access by the Super Admin.
- “Dispute” encompasses any disagreements, claims, or controversies between a Client/Customer and BookFor, arising from or related to the Website, this Agreement, the Service, or the enforcement, interpretation, or validity of this Agreement.
- “Employee” refers to individuals employed, contracted, or consulted by the Client, registered on BookFor by the Super Admin to deliver the Client’s services to Customers.
- “Enterprise” indicates a Client that is a legal entity utilising BookFor.
- “Intellectual Property Rights” include all forms of intellectual property rights, whether registered or unregistered, recognised globally, including patents, copyrights, trademarks, trade secrets, and any other rights related to intellectual property.
- “Paid Plan” refers to any subscription model offered by BookFor that incurs a charge, as detailed in the BookFor pricing page available at https://bookfor.co.uk/pricing/.
- “Party” or “Parties” refers to BookFor and/or the Client/Customer, as applicable within the context of this Agreement.
- “Platform” or “BookFor” denotes the software and services provided by BookFor for booking and scheduling, utilised by Clients to offer various services to their Customers.
- “Privacy Policy” is the document that outlines how personal data is collected, shared, and used by BookFor, as well as the rights of data subjects. It is accessible at https://bookfor.co.uk/privacy-policy/.
- “Service” encompasses the entirety of functionalities provided by BookFor to both Clients and Customers, including updates, upgrades, and new features.
- “Subscriber” is a Client who has opted for one of the Paid Plans within BookFor.
- “Subscription Term” defines the duration for which a Paid Plan is active for a Subscriber, contingent upon the Subscriber’s compliance with the Agreement’s terms.
- “Super Administrator” or “Super Admin” is the primary administrator of the Dashboard, possessing full access to all functionalities within BookFor.
- “Term of Agreement” specifies the period during which this Agreement is active between the Parties, commencing with its execution and concluding upon its termination.
- “Terms of Use” or “TOU” are the regulations governing the utilisation of the Service.
- “Website” is the online platform located at https://bookfor.co.uk/, owned by BookFor.
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Eligibility and User Registration
- Legal Capacity and Age Requirement: The Service is exclusively available to individuals and entities possessing full legal capacity. Specifically:
- Natural Persons: If the Client or Customer is a natural person, they must have reached the age of majority as defined by their respective national legislation, typically 18 years old, to utilise the Service. BookFor is not designed for use by minors. By accessing the Service, Clients or Customers affirm they have reached the legal age of majority. Should this not be the case, they are required to cease using the Service immediately. Clients are responsible for ensuring that any Employees or Customers who are natural persons and have been invited to use the Service, either as Customers or Employees, possess full legal capacity.
- Businesses and Professional Use: While the Service primarily targets businesses and professional entities, natural persons using the Service for non-commercial, personal, or household purposes must inform BookFor prior to commencing use of the Service or subscribing to any Paid Plan. Failure to notify BookFor will preclude the Client from invoking consumer protection rights under applicable consumer law, including the right to withdraw from the Agreement.
- Enterprises and Legal Entities: In representing an Enterprise or legal entity, you affirm that:
- You are authorised to bind the Enterprise to these Terms of Use;
- You have fully understood the Terms of Use;
- You have the requisite permission and authority to use and submit the Enterprise’s content within the Service;
- You accept these Terms of Use on behalf of the represented Enterprise.
- Representation: Subscription to the Service using a corporate email implies representation of the respective company, and the terms “Client” or “you” within these Terms of Use will refer to that Enterprise. Both the Enterprise and the individual subscribing on its behalf bear joint responsibility for the Service’s use.
- Personal Subscriptions: Subscriptions made with a personal email address, without formal affiliation to an Enterprise, will classify the subscriber as a natural person rather than an Enterprise.
- Service Discretion: BookFor reserves the right to determine the scope of its services, including the decision not to serve certain individuals, industries, or regions at its sole discretion. This policy extends to Customer accounts, whether accessed as a guest or through a registered account.
- Enterprise Disclosure: Unless otherwise agreed, BookFor may publicly disclose your business name as a user of the Service during the Agreement term. You hereby grant BookFor permission to use your name, company logo, and branding in its marketing materials and website, subject to any brand guidelines you provide.
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Provision of the BookFor Service
- Acceptance of Agreement: Clients or Customers are bound by this Agreement under any of the following circumstances, whichever occurs first:
- Upon the creation of a Client Account or accessing BookFor as a Customer, whether by logging in as a guest or through a Customer account. This action requires the verification of the Client’s/Customer’s email address;
- If the Client/Customer agrees to, or is deemed to have agreed to, this Agreement. Any use, access, or attempt to use or access the Platform or Service constitutes agreement by default;
- Upon making a payment for the Service in accordance with this Agreement.
- Service Availability: BookFor commits to making the Service available to the Client/Customer pursuant to this Agreement and the selected service plan, striving for 24/7 availability except in cases of:
- Planned downtime, for which advance notice will be provided;
- Unavailability due to circumstances beyond our reasonable control, such as force majeure events;
- Necessary updates to maintain the Service’s security and integrity, in compliance with applicable laws;
- Exclusions to downtime include issues with specific features, external network or equipment problems outside our control, or third-party related issues.
- Modifications to Service: BookFor reserves the right to modify the Service’s features and functionality. Clients/Customers will be notified in advance of any significant changes to the Service’s material features or functionality.
- Dissatisfaction and Termination: Should the Client/Customer be dissatisfied with any aspect of this Agreement or its modifications, or the Service itself, the exclusive remedy is to terminate the Agreement and cease using the Service.
- Booking Appointments through BookFor
- General Booking Process: Customers can book services through BookFor by logging into their account or as a guest via the Client Page. Confirmation of appointments will be sent to both Client and Customer via email and/or SMS.
- Rescheduling/Cancellation: Both Client and Customer have the ability to reschedule or cancel appointments. Changes can be made in the “Appointments” section for Clients and “My Appointments” for Customers.
- Disclaimer: BookFor is not responsible for the booking, rescheduling, or cancellation of appointments, nor for refunds related to cancelled appointments. Liability for damages arising from these actions is also disclaimed.
- Client-Customer Relationship
- Service Provision: Upon account creation, Clients can offer their services through BookFor, utilising all available features within their account in accordance with these Terms of Use. Clients (or Enterprises, through roles such as Super Admin, Manager, or Employee) have full discretion over appointments, pricing, and customer lists, with no obligations or responsibilities on BookFor’s part, except as otherwise stated in this Agreement or by applicable law.
- Coupons: Clients may offer special promotions to Customers through coupons, with full discretion over their creation, modification, and removal, provided such actions comply with applicable laws. BookFor bears no responsibility for these activities, except as outlined in this Agreement or by law.
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Amendments to the Terms of Use
- Updates to Terms: BookFor reserves the right to amend and update these Terms of Use or any component of the Agreement at its discretion. Clients and Customers are advised to regularly review the Terms of Use available on the Website. Modifications become effective upon their publication on the Website (including updates communicated through the Client Account or Customer’s account for accessing BookFor) and/or after a minimum period of 10 days following the dispatch of an email notification from us. Continued access or use of the Website by Clients or Customers after such modifications signifies acceptance of the revised terms. Should a Client or Customer disagree with the updated Agreement terms, they are requested to cease using BookFor immediately.
- Subscribers’ Agreement Validity: For Subscribers, the prevailing Agreement terms will remain in effect until the end of the current billing cycle (e.g., the end of the month for which the Subscriber has already paid BookFor), unless otherwise mutually agreed upon (including implied consent through the Subscriber’s continued use post-modification).
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Electronic Communications and Notices
- Acceptance of Electronic Contracting: By agreeing to these Terms of Use, the Client or Customer acknowledges their consent to engage in an electronic contract. Visiting the Website or sending emails to BookFor constitutes electronic communications. The Client or Customer consents to receive communications from BookFor electronically, via email or SMS, and acknowledges that all contracts, notices, disclosures, and other communications provided electronically by BookFor meet any legal requirement that such communications be in writing.
- Mandatory Notification: It is important to note that notifications regarding any amendments to the Terms of Use as outlined in Section 4 (Modifications to the Terms of Use), as well as any significant changes to the Service or Agreement, will be communicated to the Client or Customer via email in accordance with Section 19 (Notices). BookFor is obligated to inform Clients and Customers of any changes to the Terms of Use, enabling them to make informed decisions about the continued use of the Service. Such communications are not considered marketing or promotional emails, and as such, the Client or Customer cannot opt out of receiving them. Should the Client or Customer choose not to receive such notifications, they must terminate the Agreement and cease using BookFor.
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Intellectual Property Rights
- Ownership and Protection: All elements of the Service, BookFor, and the entirety of its Content, including but not limited to original source code, the Website, images, graphic elements, design, databases, logos, domain names, trade names, trademarks, service marks, any custom works, and other related materials, are protected under the Intellectual Property Rights owned by BookFor, unless explicitly stated otherwise within this Agreement.
- Limited Rights of Us: Clients and Customers are granted only the rights explicitly outlined in Section 7 (authorised to Use) of this Agreement. No additional Intellectual Property Rights are conferred to Clients or Customers through this Agreement. Access to BookFor is provided on a limited basis, and no ownership rights are transferred to any Client or Customer, regardless of the use of terms such as “purchase” or “sale” within the Terms of Use, the Platform, or on the Website.
- Prohibition of unauthorised Use: Any use of the Content, or any part thereof, without the prior written permission of BookFor, is considered an infringement of Intellectual Property Rights. Upon becoming aware of any unauthorised use, BookFor will promptly employ all legal measures available to safeguard its Intellectual Property Rights.
- Restrictions on Copying and Downloading: Copying or downloading any part or the entirety of the Content is strictly prohibited unless expressly permitted through written consent by BookFor.
- Reservation of Rights: BookFor reserves all rights to its Intellectual Property that are not specifically granted under this Agreement.
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Authorised to Use
- Customer authorised: BookFor hereby grants Customers a personal, limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal purposes strictly in accordance with the terms of this Agreement, alongside any directives provided on the Website and/or within BookFor.
- Client authorised: Subject to the acceptance of this Agreement and the fulfillment of all applicable fee requirements (applicable for those selecting Paid Plans), BookFor extends to Clients a limited, non-exclusive, non-transferable (or with restricted transferability), revocable license to access and utilise the Service exclusively for internal business operations, in line with the Agreement and any additional guidelines on the Website and/or within BookFor.
- Scope of Access for Clients
- Super Administrator: Granted the right to utilise the Service in alignment with the Agreement and the selected plan (Free Plan or any Paid Plans), with the capability to delegate a subset of these rights to Employees whom the Super Admin authorises for Dashboard access.
- Employee: Authorised to log into the Client’s Dashboard and utilise the Client Account as per the Agreement, the chosen plan (Free Plan or any Paid Plans), and within the range of rights allocated by the Super Admin, specifically including access to and use of Calendar and Appointments functionalities.
- Restrictions on Code and Program Delivery: This Agreement does not commit BookFor to provide any copies of software programs or code to the Client or Customer, in either object code or source code form. Clients and Customers are obliged to use the Service solely in accordance with all relevant local, state, national, and international laws, regulations, and rules.
- Prohibited Uses: Any utilisation of BookFor, the Service, or any Client or Customer Account not explicitly mentioned within this Agreement is strictly prohibited. This includes, but is not limited to, prohibitions against:
- Publishing, copying, renting, leasing, lending, selling, creating derivative works from, or otherwise transferring BookFor, the Website, the Service, or any part thereof;
- Distributing, transmitting, publishing, or disseminating BookFor, the Website, the Service, or any part thereof;
- Attempting to access or deduce the source code or architecture of BookFor, or circumventing any technical restrictions or limitations within BookFor;
- Reverse engineering, decompiling, or disassembling BookFor, or attempting such actions;
- Utilising BookFor features in any manner that could interfere with others’ use, or to gain unauthorised access to any service, data, account, or network;
- Attempting to probe, scan, or test the vulnerability of the Website, the Service, and/or BookFor, or any associated system or network, or to breach security or authentication measures;
- Circumventing any blocking measures implemented by BookFor, including IP address blocking, by using methods such as IP masking or proxy IP addresses.
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Subscriptions
- Subscription and Payment Obligation: Subscribers to the Service, or those authorising others to subscribe on their behalf, accept responsibility for all payments due under the selected Paid Plan. Payment for the Service must be made in advance of the Subscription Term.
- Recurring Payments: For Paid Plans involving recurring fees, unless the Subscriber opts out or cancels prior to the renewal, subscriptions will automatically continue. Subscribers are deemed to have authorised BookFor to collect applicable fees and taxes using any valid payment method on file, without further notice, unless required by law.
- Authorised and Fees: Subscribers authorise BookFor to charge the Client Account for selected Services, agreeing to pay all fees in accordance with these Terms of Use. All payments are to be made in full, without deductions for any transaction-related fees or taxes, unless stated otherwise by BookFor. Fees are exclusive of VAT or other applicable taxes, which are the Subscriber’s responsibility unless explicitly stated otherwise.
- Billing Information: Subscribers must maintain accurate and complete billing information and promptly notify BookFor of any changes to payment methods or potential security breaches. Failure to update billing information may result in continued charges for Service use, unless the Agreement is terminated in accordance with its terms.
- Payment Declines and Access Denial: If a Subscriber’s primary payment method is declined, access to the Paid Plan may be immediately denied if we can not quickly resolve the matter within 7 working days.
- No Refunds: Fees for the Service are non-refundable. Termination or alteration of the Agreement or Paid Plan within a billing period does not entitle the Subscriber to a refund for that period. Payments for future billing periods are not refundable unless explicitly agreed otherwise. Subscribers not utilising the Service are encouraged to cancel their Paid Plan subscription and either switch to the Free Plan or terminate Service use entirely.
- Customer Payments: Payments by Customers for services ordered via the Client Page are processed by third-party gateways, such as PayPal or Stripe. BookFor bears no responsibility for these transactions and does not receive any commission. Furthermore, BookFor is not liable for the accuracy of prices set by Clients, which may be altered at the Client’s discretion.
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Free Trial Periods
- Offer of Free Trials: BookFor offers a 90-day free trial period. During the free trial period, Clients are bound by the Terms of Use (TOU), except as specifically modified in the trial offer.
- Eligibility and Discretion: BookFor reserves the exclusive right to determine a Client’s eligibility for a free trial. The criteria for eligibility are at the sole discretion of BookFor.
- Transition to Paid Plans: Clients participating in a free trial may opt not to transition to a Paid Plan by canceling before the free trial period concludes.
- Restriction on Multiple Free Trials: Clients who have previously subscribed to any Paid Plan are not eligible to participate in a free trial, ensuring fair access to trial periods for new users.
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Payment
- General Payment Obligations: Subscribers to the Service, or those who have authorised others to subscribe on their behalf, accept full liability for the payment obligations associated with their chosen Paid Plan. Payment for the Service must be completed prior to the start of the Subscription Term.
- Recurring Payments: For Paid Plans with recurring fees, unless the Subscriber explicitly communicates the desire to cancel or not renew the subscription before the payment date, the subscription will automatically continue. This constitutes authorisation for BookFor to charge the then-applicable fees and taxes using any payment method previously provided by the Subscriber.
- Authorisation to Charge: Subscribers authorise BookFor to charge the selected Service fees to their Client Account, agreeing to pay all such fees in accordance with the Terms of Use.
- Full Payment Requirement: All payments to BookFor must be made in full, without any deductions for transaction charges, taxes, or other related fees, unless explicitly stated otherwise. Subscribers are responsible for all taxes and duties associated with the Service purchase.
- Billing Data Accuracy: Subscribers must maintain accurate and complete billing information at all times and promptly notify BookFor of any changes to their payment methods. Failure to update billing information may result in continued charges for the Service.
- Default on Payment: If a Subscriber’s default payment method is declined, access to the Paid Plan may be immediately revoked.
- No Refunds Policy: Fees for the Service are non-refundable. Subscribers are not entitled to refunds for any portion of the Service term once payment is made, except as mutually agreed upon by the parties.
- Cancellation and Non-Use: Subscribers not wishing to continue using the Service are encouraged to cancel their subscription to Paid Plans and consider switching to the Free Plan or terminating their use of BookFor entirely.
- Customer Payments: Payments made by Customers for services ordered via the Client Page are processed by third-party payment gateways (e.g., PayPal, Stripe). BookFor bears no responsibility for these transactions and does not receive any commission. The accuracy of prices and the discretion to change them rests solely with the Client.
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Acceptable Use of BookFor
- General Compliance: Clients and Customers must ensure all information provided for registration and contact purposes is complete, accurate, and current. Impersonation or the use of false identities on BookFor is strictly prohibited.
- Account Security:
- Client Accounts and Customer accounts are for individual use by the registered Client or Customer only. Sharing or allowing third-party access to these accounts is forbidden.
- Clients and Customers must take all necessary steps to secure their accounts and login credentials. Responsibility for any activity on BookFor via these accounts, authorised or not, lies with the account holder. BookFor is not liable for losses resulting from non-compliance with these security measures.
- Immediate notification to BookFor is required upon discovery of unauthorised account use, via email to [email protected].
- Privacy and Lawful Conduct:
- Engaging in activities that violate privacy rights or involve the unlawful processing of personal data is prohibited. Inappropriate content or materials must not be displayed or shared through BookFor.
- Clients and Customers must adhere to all applicable laws and regulations in their use of the Platform, Service, and Website.
- Prohibited Activities:
- Web or data scraping of the Platform is not allowed. This includes collecting data through software that simulates human activity, bots, or web crawlers.
- Automating access to the Website or Service, including through APIs, bots, scrapers, or similar devices, is forbidden.
- The Platform or Service must not be accessed with the intent to create a competitive product or service, copy ideas, features, functions, or graphics.
- Responsibility of Super Admin: The Super Admin is responsible for ensuring that all Managers and Employees comply with legal requirements and these Terms of Use.
- Accountability: Clients are fully responsible for all activities conducted under their Client Account. Similarly, Customers are responsible for activities associated with their account used for accessing BookFor.
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Client Content, Client Data, and Personal Data Protection
- Use of Client Content:
- Clients and Customers are solely responsible for any content they upload, process, or transmit using the Service/Platform. They must own or have licenses for all content used.
- Content must not infringe on any rights or violate any laws.
- BookFor is not responsible for saving or backing up Client/Customer content. Clients/Customers should maintain their own backups.
- Managers/Employees acknowledge that Super Admins have rights to modify or remove content within the Dashboard.
- BookFor reserves the right to refuse service, disable accounts, or remove/edit content at its discretion.
- Exposure Risk: Clients and Customers acknowledge the risk of data exposure in cloud services and accept this risk without warranties from BookFor against unauthorised data exposure.
- Data Accuracy: BookFor is not responsible for the accuracy of data uploaded by Clients or Customers.
- Use of Client Data:
- BookFor will not access or use Client Data beyond what is necessary to provide the Service, without explicit authorised.
- Client Data may be disclosed if legally required, with efforts to notify the Client and cooperate in protecting the data.
- Compliance with Data Protection Laws:
- Clients are responsible for ensuring legal grounds for processing personal data and informing data subjects as required by law.
- Clients must assess the privacy impact of using certain BookFor features and ensure lawful processing of personal data.
- Indemnification: Clients will indemnify BookFor against liabilities arising from breaches of data protection obligations.
- Consequences of Unlawful Use: BookFor may disable or limit access to accounts if unlawful content or activities are detected.
- Security Breach:
- External Breach: BookFor will take remedial actions and notify the Client of breaches caused by external parties.
- Internal Breach: The Client is responsible for breaches caused by their own actions or failures and must notify BookFor of such breaches. BookFor may take actions to prevent further harm.
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Warranties Disclaimer
- General Disclaimer:
- The Service is provided “as is” and “as available,” without any warranty of any kind. Use of BookFor is at the Client’s and Customer’s own risk.
- BookFor disclaims all statutory warranties to the fullest extent permitted by law. Any warranties not expressly stated herein are withheld.
- No Implied Warranties:
- BookFor does not warrant that the Service will meet specific requirements, be uninterrupted, secure, error-free, or that any errors in the Service will be corrected.
- No advice or information, whether oral or written, obtained from BookFor or elsewhere, will create any warranty not expressly stated in this agreement.
- Limitation on Use:
- The Service is not designed for use in hazardous environments requiring fail-safe performance, where failure could lead to death, personal injury, or severe physical or environmental damage.
- Clients and Customers agree not to use the Service for high-risk activities.
- Rights Reserved by BookFor:
- BookFor reserves the right to modify, suspend, or terminate operation of or access to the Service, or any part of it, at any time without notice.
- BookFor may interrupt the operation of the Service for maintenance, error correction, or other changes without notice.
- Notice to Customers:
- BookFor disclaims any warranty related to services provided by Clients, including booking, rescheduling, or cancellation of appointments.
- Customers are advised to inform themselves about the Client and any applicable terms of use before making bookings or payments.
- No Assessment of Clients:
- BookFor does not assess or audit Clients regarding their business activities or lawfulness.
- BookFor cannot guarantee compliance of services offered via BookFor with applicable laws and is not liable for any obligations or damages arising from the business relationship between Client and Customer.
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Limitation of Liability
- General Limitations
- BookFor, its suppliers, employees, and representatives shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising from the use or inability to use BookFor.
- This includes damages resulting from unauthorised access to or use of Client Content, installation or modification not conducted by BookFor, or failure to apply updates.
- Specific Exclusions:
- BookFor is not liable for any loss of data, profits, or business interruption, regardless of the cause and whether arising in contract, tort, or otherwise.
- The aggregate liability of BookFor is limited to the amount paid by the Client within the last twelve months or £480, whichever is applicable.
- Acknowledgment of Risk: Clients and Customers acknowledge that the limitations of liability are a reasonable allocation of risk and essential for providing the Service.
- Applicability: Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply.
- Exceptions: BookFor’s liability for willful breaches, death, or personal injury caused by its negligence or defective products is not excluded.
- Notice to Customers: BookFor is not liable for services provided by Clients, including booking and billing issues. Customers are advised to review Client terms and services carefully.
- Force Majeure: Neither party is liable for failure to perform obligations due to unforeseeable circumstances beyond their control, such as natural disasters, governmental acts, or cyber-attacks.
- Clarifications:
- This section does not limit statutory rights or excuse payment obligations under the Agreement.
- BookFor does not provide legal advice regarding compliance or data privacy. Statements made by BookFor should not be considered as such.
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Indemnification
- Obligation to Indemnify: Clients and Customers agree to indemnify and hold BookFor, its officers, directors, employees, contractors, agents, and representatives harmless against all claims, damages, liabilities, penalties, fines, costs, and expenses, including attorneys’ fees, arising from their use of BookFor and Service.
- Scope of Indemnification:
- This includes indemnification for any use of the Service and/or Platform in violation of this Agreement or applicable law, infringement of Intellectual Property Rights, invasion of privacy, and any unauthorised activity related to Client or Customer accounts.
- Clients and Customers are also responsible for indemnifying BookFor against claims arising from the processing of personal data, contributions to the Service, and any infringement of rights.
- Conditions of Indemnification:
- The indemnification obligation covers demands, losses, liabilities, claims, or expenses arising out of the Client’s or Customer’s actions, including those of Managers and Employees under the supervision of a Super Admin.
- It extends to activities undertaken by anyone accessing the Client or Customer account, with or without consent, unless such activities were directly caused by BookFor.
- Defense and Settlement:
- Clients and Customers must defend BookFor against any third-party claims and are responsible for the payment of all damages, costs, and expenses resulting from such claims.
- BookFor reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the Client or Customer, who will cooperate with BookFor in asserting any available defenses.
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Termination
- Duration and Termination Conditions:
- This Agreement remains effective until terminated by either the Subscriber/Client/Customer or BookFor.
- Clients or Customers may terminate by deactivating their accounts or cancelling subscriptions. BookFor may terminate the Agreement for non-payment or breach of terms.
- Termination Procedures:
- Client Termination: Clients can cancel subscriptions through the BookFor Customer Hub (https://hub.bookfor.co.uk/updateinfo/). Cancellation takes effect at the end of the current Subscription Term. Clients are advised to terminate BookFor use if no longer needed. Termination does not automatically delete the Dashboard or Client Account.
- Customer Termination: Customers may request account deletion or, if a guest, contact BookFor for data deletion. Obligations towards Clients must be settled prior to deletion.
- BookFor’ Right to Terminate:
- BookFor may terminate the Agreement for unpaid fees or breach of terms.
- BookFor reserves the right to terminate or suspend access to the Service for violations of the Agreement or inappropriate conduct.
- Survival of Provisions: Certain provisions survive termination, including obligations to pay for the Service, intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution clauses.
- Client Data Handling Post-Termination:
- Clients may download their data upon termination. Subsequently, Client Content and Data will be anonymised and retained for statistical purposes, with complete deletion occurring two months post-termination.
- Managers and Employees are informed that only Super Admins have control over Client Data on the Dashboard.
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Severability
- If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, such invalidity will not affect the validity of the remaining provisions, which will continue to be in full force and effect.
- Any provision found to violate mandatory law and deemed void will be amended to the minimum extent necessary to comply with the law while retaining as much of its original intent and scope as possible.
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Notices
- To BookFor: Notices should be sent to [email protected] or another address as specified in the Definitions section.
- From BookFor: Notices to Clients/Customers will be sent via the email associated with their account or, in exceptional cases, by mail or courier to the provided address.
- Receipt of Notices: Notices are considered received the next day if sent via email or the Client/Customer account, and five working days after posting if sent via courier or registered post, based on workdays at BookFor’s registered seat.
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No Waiver
- Failure by BookFor to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision.
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Third-Party Services and Websites
- BookFor is not responsible for any third-party services or content accessed through links on its platform, nor does it endorse any third-party websites or their services/products.
- Users are advised to review the terms of use and privacy policies of third-party websites, as they may differ significantly from those of BookFor.
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Governing Law & Competent Court; Dispute Resolution
- Governing Law: The Agreement is governed by the laws of the United Kingdom, excluding the United Nations Convention on the International Sale of Goods.
- Mandatory Negotiations: Before arbitration, parties must attempt to resolve disputes by written notice and allow 30 days for a response.
- Dispute Resolution: Unresolved disputes will be settled by arbitration in the United Kingdom, according to The London Chamber of Arbitration and Mediation (LCAM) rules, in English.
- Jurisdiction: If arbitration is not enforceable, disputes will be subject to the jurisdiction of the competent court in the United Kingdom.
- Survival: This section survives the termination of the Agreement.
- Global Enforcement: BookFor may enforce its rights globally.
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No Class Action
- Users agree to resolve disputes individually, without resort to any form of class action.
- Arbitration must be conducted on an individual basis, with no class arbitrations or class/representative/collective actions permitted.
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Entire Agreement
- The Agreement, including any amendments and linked documents, constitutes the entire agreement between the parties regarding its subject matter, superseding all prior agreements and understandings.
- In case of conflict, the provisions of the Agreement prevail over any other statements or information.