Terms and Conditions
Last updated May 14, 2019
Welcome to Bookeya! This website is owned and operated by Bookeya Ltd. (“Bookeya”/“we”/”us”), a company incorporated under the federal laws of Canada. This document sets out important information regarding the terms and conditions of accessing and using the features and functionality of the Bookeya website and services (“Service”, collectively “Services”) and applies to all users whether you access the Services as an Bookeya Member or as a Guest to this Site (as defined below.).
PLEASE READ THE FOLLOWING CAREFULLY. BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS SITE.
This agreement is the user agreement (the “Agreement” or “User Agreement” ) for Bookeya. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of https://www.bookeya.com (the “Site” ). If you do not agree to be bound by the terms and conditions of this Agreement, do not access the Site or use the Services.
1. Access Rights
1. Users of the Site shall be considered as either “Guests,” “Members,” or “Referrals” as follows:
a. “ Guests ” are allowed access to a minimal level of Services available on the Site. Access to some features may be limited;
b. “ Members ” who are allowed to access additional features that are not otherwise available to Guests.
c. “ Referrals ” who are invited by Members to access certain Services.
2. Electronic Communications
1. When you visit the Site or send e-mails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. By signing up to use the member features of the Site, you acknowledge and agree that Bookeya will send service-related e-mails relating to your account, including service updates, appointment reminders and booking confirmations. These communications can be managed through user features made available through the Site from time to time.
3. If you are a member of the Bookeya mailing list you will also receive email communications from us regarding our products, services and initiatives (including collaborations and partnerships). If you do not wish to receive these communications, you can unsubscribe from such promotional e-mails at any time by clicking on the unsubscribe link in any of our e-mail communications.
4. If you sign up through Bookeya to receive special offers regarding products and services from our partners, you authorize us, on behalf of your service providers, to share your email address and other Personal Information you authorize with the partner whose offer you wish to receive (for example, a free 1 hour consultation). If you request these special offers, you acknowledge the partner may also send you future offers for benefits, products, and services that may interest you. You can opt out of future communications from Bookeya by changing your user settings or emailing firstname.lastname@example.org; you can unsubscribe from future partner communications by following their unsubscribe and opt out instructions. You do not have to agree to participate in these offers in order to use Bookeya or receive care from my service providers. You understand that the service provider and/or Bookeya may receive financial remuneration in exchange for sharing your email address and other Personal Information you authorize with partners if you choose to sign up for an offer. Once you sign up for an offer, you can change your mind at any time, but if the service provider or Bookeya has already relied on you authorization to share your email or other Personal Information for a particular offer, any action already taken cannot be undone.
6. You acknowledge and agree that you are solely responsible for providing Bookeya with accurate contact information, including your mobile device number and email address, where we may send communications containing your info. Bookeya is not responsible for user errors and omissions.
7. As part of the Bookeya “Refer a Friend” program, Members may invite Referrals to become Members or to try our Services. When a Referral decides to book an appointment through our Services, the Member will receive an email and a gift card notifying them that the Referral has accepted the Member’s invitation and the Referral has made an appointment for services. If you are the Referral, you acknowledge and agree that we may send this email notice to the Member who referred you. If you do not wish for the Member to receive this notice, do not accept the invitation to use our Services.
3. Materials Posted on Site: Reviews and Ratings
1. It is your sole responsibility to review the content of all materials submitted by you on the Site. If you are a service provider, in the event you discover any material about you that is inappropriate, it is your responsibility to report the issue to us for investigation and possible action. You acknowledge that we do not and cannot monitor all the material that is posted on the Site.
2. We reserve the right to monitor all communications made by you through the Site to ensure compliance with this Agreement. Where we have determined in our sole discretion that a rating, review, posting, email, image, or communication (the “ Inappropriate Material “) by you through the Site is in violation of this Agreement or any content guidelines, or is otherwise unacceptable, we reserve the right to remove, edit, move the Inappropriate Material.
4. Your Conduct When Using the Site
When using the Services available on the Site, you agree to use the Services in accordance with the following:
a. you will use the Site only for any the following general purposes and for no other purpose:
I. finding a service provider;
II. reading reviews and ratings of service providers submitted by other Guests and Members;
III. submitting your own reviews and ratings of service providers who you have experience with;
IV. inviting friends and family to become Members of Bookeya;
V. or any other purpose authorized by Bookeya from time to time
b. any review of a service provider that you submit to be included on the Site:
I. shall be a true representation of your experience with the particular service provider;
II. shall not be false, misleading, or untrue;
III. shall not include your name or any other personally identifiable information that may be used to identify you or another client;
c. you acknowledge that:
I. the list of service providers listed on the Site may not be a complete list of every service provider within the specified specialty category or specified distance of the addressed specified and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
II. the information contained about a particular service provider may not be accurate or complete and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
III. any map displayed may not be complete, accurate, or up-to-date;
IV. any request to show results of service providers who are accepting new clients may not be complete, accurate, or up-to-date and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
V. any records of a particular service provider that that states such service provider accepts new clients may not be complete, accurate, or up-to-date and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
VI. when you refer a friend, you are solely responsible for entering and verifying the correct recipient’s name and contact information; Bookeya is not responsible for user errors or omissions.
d. any ratings or reviews on the Site:
I. are submitted by other Users of the Site;
II. may not be complete, accurate, or up-to-date;
III. do not represent the views or opinions of Bookeya;
e. the inclusion of any service provider on the Site shall not be considered as an endorsement of such service provider by Bookeya and shall not in any way mean that Bookeya has conducted any due diligence or other investigation regarding the service provider;
f. you agree that you will not submit ratings or reviews of any service provider which contains material that in the sole discretion of Bookeya constitutes libel, slander, harassment, abuse or defamation, or is pornographic, racist, obscene, or otherwise offensive as determined by Bookeya in its sole discretion;
i. you agree that you will not use any of the Services in any way that infringes the privacy rights, intellectual property rights, or any other rights of any service provider, client, person or entity;
j. you will not post or otherwise distribute messages or pictures or use any of the Services in any way which:
I. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including intellectual property rights; or
II. is misleading, fraudulent, or is otherwise unlawful or violates any law;
k. you will not use any of the Services to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services, promoting any website;
l. you will not post or transmit in any manner any contact information including, but not limited to, email addresses, instant messenger usernames, telephone numbers, postal mail addresses, website URLs, or full names through your publicly posted information;
m. you will not use any paid advertising platform to promote links that direct to the Bookeya domain
5. Your Bookeya Password
Bookeya is entitled to act on instructions received under your password. You are responsible for keeping your user ID, password, and any and all other account information confidential. Bookeya is not responsible for any actions taken or transaction made to or from your accounts by any other party using your password.
6. Proprietary Rights
1. All materials on this Site, including, without limitation, ratings reviews, information, images, illustrations, audio clips, video clips, surveys and special promotions, are protected by intellectual property rights owned and controlled either by Bookeya or its affiliates and subsidiaries, or by other Users or by third parties who have licensed their material to Bookeya. Material from the Site may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of Bookeya or except as specifically permitted on the Site. Use of material for any purpose and other than your own personal, non-commercial or home use is a violation of copyrights and other intellectual property rights. The use of any such material on any other website, social network, blog, handheld device application, web based application, or networked computer is prohibited.
2. The trade marks, logos and service marks that you see on this Site are registered and unregistered marks of Bookeya or its affiliates and subsidiaries, or third parties who have licensed the use of such marks to Bookeya. Nothing in this Site grants any license or right to use any marks displayed on this site without the written permission of the owner of the mark. Misuse of the marks displayed on this Site or any other content on this Site is strictly prohibited.
3. Bookeya makes no representation that materials on the Site are appropriate or available for use in locations other than Canada. Those who choose to access this site from locations outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent, local laws apply.
4. Bookeya welcomes your comments on our services, including the Bookeya Site. However, any notes, messages, billboard postings, ideas, suggestions or other material that you submit to Bookeya will become the sole and exclusive property of Bookeya. Bookeya is entitled to use any material that you submit for any type of use forever in any media, whether now known or later developed. When you submit material to Bookeya Site, you agree that Bookeya has the right to publish the material for any use as outlined above including, but not limited to, promotional and advertising purposes, without compensation to you of any kind. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas or artwork.
7. Linked Sites
SOME LINKS IN THE BOOKEYA SITE LET YOU LEAVE THE BOOKEYA SITE AND GO TO WEBSITES OWNED AND OPERATED BY THIRD PARTIES. SUCH LINKED SITES ARE NOT UNDER THE CONTROL OF BOOKEYA AND BOOKEYA IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. BOOKEYA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY BOOKEYA OF THE LINKED SITE.
8. Disclaimer and Disruptions or Interruptions in Service
THE MATERIALS IN THE BOOKEYA SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFICALLY NOTED HEREIN. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BOOKEYA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE BOOKEYA SITE AND ANY WEB SITE WITH WHICH THE BOOKEYA SITE IS LINKED. BOOKEYA DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THESE SITES OR THAT THEIR CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THESE SITES OR THEIR CONTENTS ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATIONS OF THE BOOKEYA NETWORK OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITATION, BOOKEYA MAKES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SPECIFIC MERCHANDISE OR SERVICE THAT WILL BE AVAILABLE FOR OR OBTAINED BY MEMBERS.
IN THE EVENT THAT THERE IS AN INTERRUPTION OR DISRUPTION IN ANY OF THE SERVICES OFFERED BY BOOKEYA FOR WHATEVER REASON, EVEN IF BOOKEYA HAS BEEN MADE AWARE OF AN ISSUE THAT COULD RESULT IN OR IS LIKELY TO RESULT IN AN INTERRUPTION OR DISRUPTION OF SERVICES, BOOKEYA SHALL NOT BE REQUIRED TO ISSUE A REFUND FOR ANY PURCHASE MADE BY YOU. AS SOON AS BOOKEYA HAS IDENTIFIED THE CAUSE OF AN INTERRUPTION OR DISRUPTION, BOOKEYA SHALL USE IT REASONABLE EFFORTS TO RETURN SERVICE AS SOON AS REASONABLY POSSIBLE.
9. Use of the Term “Partner”
The use of term “partner” on this Site and in any other materials is not intended to indicate that the “partners” are in a legal partnership with Bookeya. Rather, the term is used in a marketing sense to show participation by the other parties involved in the Bookeya products and services.
11. Governing Law
12. Compliance with Laws
1. You agree that your use of the Site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
2. You agree not to impersonate another person in your use of the Site including without limiting the generality of the foregoing any content of a review submitted.
You do not have any right to assign this Agreement or any of your rights to the Services to anyone. Bookeya may assign any or all of its rights and obligations under this Agreement or to the Services to any third party. At the election of Bookeya, if Bookeya's obligations herein are assumed by a third party, Bookeya shall be relieved of any and all obligations and liability under this Agreement.
While every effort is made to ensure that all information provided at the site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
15. Service Providers
To provide and process the services to you, Bookeya shares your personally identifiable information with our authorized service providers that perform certain services or functions on our behalf.
16. Our Obligations
Bookeya may be required by law to disclose information you have provided in using any of the services on the Website. Bookeya may also disclose information where someone poses a threat to Bookeya’s interests (such as user fraud) or whose activities could bring harm to others. In addition, it may be necessary in the reasonable opinion of officials of Bookeya that certain information be provided to third parties, such as law enforcement authorities or governing bodies for a particular service provider. In the event that Bookeya receives a court order to disclose information on the Website about you or your activities on the Website, you agree that such information may be disclosed.
17. Other Web Sites
1. There are several places throughout Bookeya that may link you to other websites that do not operate under Bookeya information privacy practices. When you click through to these websites, Bookeya information privacy practices no longer apply. We recommend that you examine the privacy statements for all third party Web sites to understand their procedures for collecting, using, and disclosing your information.
2. You have the option of sending e-mail to Customer Support requesting a change to the information you provided to us or to receive a copy of the information we have stored. We will make every reasonable effort to honour your wishes. Proof of identity may be required.
18. Surveys and Disclosure of Information
1. To help us improve Bookeya and serve you better, from time to time we may e-mail surveys to you to learn more about your experience with our site. You are under no obligation to respond to these surveys, and you may unsubscribe from receiving them by following the unsubscribe instructions in any e-mail survey you receive.
2. Bookeya may contract a reputable third party to facilitate the distribution of survey, promotion, or sweepstakes programs. Upon completion of these projects, all information is returned to Bookeya.
3. We reserve the right to disclose certain information about your usage of the Site in a form that does not disclose your identity.
19. Request Customer Support or Submit Questions/Suggestions
When you request assistance with viewing your profile, logging on to the Bookeya Web site, or accessing your account, we will respond to you via e-mail or telephone.
21. Liability Limit
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
23. No Agency
You and Bookeya are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Bookeya reserves the right, at any time, to modify, alter, or update these Terms and Conditions of Use by posting the modified, altered or updated terms on the Site, and you agree to be bound by such modifications, alterations or updates. If you do not agree to such modifications, alterations or updates, you should terminate your use of the Services. Your continued use of any of the Services following the posting of notice of any changes in this Agreement shall constitute your acceptance of such modifications, alterations and updates.