Terms of Service

Last updated on: July 11, 2023

By signing up for a BookingTimes Account (as defined in Section 1) or by using any BookingTimes Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us” and “BookingTimes” means the applicable BookingTimes Contracting Party (as defined in Section 4 below).

The services offered by BookingTimes under the Terms of Service include various products and services to help you sell goods and services to buyers online (“Online Services”). Any such services offered by BookingTimes are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service.

You can review the current version of the Terms of Service at any time at https://bookingtimes.com/Terms. BookingTimes reserves the right to update and change the Terms of Service by posting updates and changes to the BookingTimes website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.

You must read, agree with, and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including BookingTimes Privacy Policy.

1. Account Terms

1. To access and use the Services, you must register for a BookingTimes account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. BookingTimes may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
   
2. You must not use the service in any fraudelent or illegal manner.
3. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
   
4. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
   
5. You must not post or submit false information to the Service.
   
6. Your login must only be used by one person. A single login shared by multiple people is not permitted. You may create separate logins for as many people as you like.
   
7. Technical support is only provided to paying account holders and one designated administration person.
8. You are responsible for keeping your password secure. BookingTimes cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
9. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
10. Verbal or written abuse of any kind (including threats of abuse or retribution) of any BookingTimes customer, BookingTimes employee, member, or officer will result in immediate Account termination.
11. A breach or violation of any term in the Terms of Service, as determined in the sole discretion of BookingTimes may result in an immediate termination of your Services.

2. Account Activation

2.1 Business Owner

1. Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Business owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Business owner in connection with the Service.
2. If you are signing up for the Services on behalf of your employer, your employer shall be the Business owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service
3. Your BookingTimes Website can only be associated with one Business owner. A Business owner may have multiple BookingTimes Websites. “Website” means the online system associated with the Account.

2.2 Staff Accounts

1. Based on your BookingTimes pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Business owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general website settings).
2. The Business owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Business owner’s own acts, omissions, or defaults.
3. The Business owner and the users under Staff Accounts are each referred to as a “BookingTimes User”.

2.x Apple Pay for Safari Acount

Upon completion of sign up for the Service, BookingTimes will create an Apple Pay for Safari (“Apple Pay”) account on your behalf, using the URL(s) and business name associated with your Account. Depending on your location, BookingTimes may activate your Apple Pay account on your behalf, otherwise you will be required to activate your Apple Pay account within your Account admin. If you do not wish to keep your Apple Pay account active, it is your responsibility to deactivate it. For the avoidance

2.3 Third-party Payment Processor

1. We use third party payment processors (each, a “Payment Processor”) to process your online payments. The processing of payments is subject to the terms, conditions, and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is Stripe Connect, and your payments are processed by Stripe in accordance with Stripe’s terms of service and privacy policy. You agree to pay all Payment Processor charges at the prices in effect for any purchase in accordance with the applicable payment terms. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
   
   Current rates are at: https://stripe.com/pricing

2.4 Domain Names

1. Upon purchasing a domain name through BookingTimes, domain registration will be present to automatically renew each year so long as your BookingTimes Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

3. General Conditions

3.1 All Accounts

4. BookingTimes Contracting Party

1. “BookingTimes Contracting Party” means BookingTimes Inc., a United States corporation, with offices located at 1910 Thomes Ave, Cheyenne, Wyoming, 82001.
2. 2. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Wyoming with respect to any dispute or claim arising out of or in connection with the Terms of Service.

5. BookingTimes Rights

1. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Website, or the Materials uploaded or posted to a Website, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
4. BookingTimes does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Website.
5. Using our services for illegal activities will result in instant removal of your Website.
6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that BookingTimes employees and contractors may also be BookingTimes customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
7. We reserve the right to disable credit card payments through our services, if you do not maintain the appropriate level of PCI DSS compliance.
8. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
9. BookingTimes retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Business owner. If we are unable to reasonably determine the rightful Business owner, without prejudice to our other rights and remedies, BookingTimes reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

6. Confidentiality

1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. BookingTimes’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

7. Limitation of Liability

1. You expressly understand and agree that, to the extent permitted by applicable laws, BookingTimes shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
2. To the extent permitted by applicable laws, in no event shall BookingTimes or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, BookingTimes partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
4. BookingTimes does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
5. BookingTimes does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
6. BookingTimes does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

8. Waiver and Complete Agreement

9. Intellectual Property and Customer Content

1. We do not claim any intellectual property rights over the Materials you provide to the BookingTimes Service. All Materials you upload remains yours. You can remove your BookingTimes Website at any time by deleting your Account.
2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Website; (b) to allow BookingTimes to website, and in the case of Materials you post publicly, display and use your Materials; and (c) that BookingTimes can, at any time, review and delete all the Materials submitted to its Service, although BookingTimes is not obligated to do so.
3. You retain ownership over all Materials that you upload to the Website; however, by making your Website public, you agree to allow others to view Materials that you post publicly to your Website. You are responsible for compliance of the Materials with any applicable laws or regulations.
4. BookingTimes shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Website to promote the Service.

10. Themes

1. You may establish the appearance of your BookingTimes Website with a design template from BookingTimes’s Theme Website (“a Theme”). If you download a Theme, you are licensed to use it for a single Website only. You are free to transfer a Theme to a second one of your own Websites if you close your first Website. To initiate a transfer of a Theme to a second one of your Websites, please contact BookingTimes Support. You are not permitted to transfer or sell a Theme to any other person’s Website on BookingTimes or elsewhere. Multiple Websites require multiple downloads and each download is subject to the applicable fee. BookingTimes gives no assurance that a particular Theme will remain available for additional downloads.
2. You may modify the Theme to suit your Website. BookingTimes may add or modify the footer in a Theme that refers to BookingTimes at its discretion. BookingTimes may modify the Theme where it contains, in our sole discretion, an element that violates the BookingTimes AUP or other provisions of the Terms of Service, even if you received the Theme in that condition. BookingTimes may modify the Theme to reflect technical changes and updates as required.
3. The intellectual property rights of the Theme remain the property of BookingTimes. If you exceed the rights granted by your purchase of a Theme, BookingTimes may take legal action against you, and, without prejudice to our other rights or remedies, BookingTimes may take administrative action such as modifying your Website or closing your Website.
4. It is the responsibility of the user, and not BookingTimes, to ensure that the installation of a new theme does not overwrite or damage the current or pre-existing theme, or UI, of the user.

11. BookingTimes Email

1. BookingTimes employs certain controls to scan the content of emails you deliver using the Email Services prior to delivery (“Content Scanning”). Such Content Scanning is intended to limit spam, phishing, or other malicious content that contravenes these Terms of Service, or BookingTimes’s Acceptable Use Policy (collectively, “Threats”). By using the Email Services, you explicitly grant BookingTimes the right to employ such Content Scanning. BookingTimes does not warrant that the Email Services will be free from Threats, and each BookingTimes merchant is responsible for all content generated by their respective Websites.
2. BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE “EMAIL SERVICES REQUIREMENTS”). BOOKINGTIMES, OR ITS THIRD PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.
3. Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email (“UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services.
4. Your use of the Email Services must comply with BookingTimes’s Privacy Policy. It is your responsibility to read and understand the Privacy Policy applicable to your use of the Email Services and the emails you generate or send through the Email Services.
   1. You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”) through the Email Services. It is your responsibility to read and understand your obligations in relation to Sensitive Data.
   2. Your use of the Email Services must follow all applicable guidelines established by BookingTimes. The guidelines below are examples of practices that may violate the Email Services Requirements when generating, or sending emails through the Email Services:
   3. using non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
   4. using purchased or rented email lists;
   5. sending emails to non-specific addresses (e.g., webmaster@domain.com or info@domain.com);
   6. sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE);
   7. failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list;
   8. failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
   9. disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
   10. including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient.
5. If You or a customer knows of or suspects any violations of the Email Services Requirements, please notify BookingTimes at support@BookingTimes.com. BookingTimes will determine compliance with the Email Services Requirements in its discretion.
6. BookingTimes Email Services utilize Third Party Providers, including SendGrid (a Twilio Company) and Amazon Web Services (an Amazon company). Your use of the Email Services is subject to SendGrid’s Acceptable Use Policy and Amazon Web Services’ Acceptable Use Policy as they may be amended by SendGrid or Amazon Web Services from time to time.

12. Payment of Fees

1. You will pay the Fees applicable to your subscription to Online Services (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using our payment processor (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as SMS, Themes, domain names, custom support fees, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
2. The Service contains SMS integration. SMS are sent for user authentication (mandatory) and you can optionally turn on SMS reminders or send SMS in builk.
3. Support requests do not cover changes to web pages, content creation, image alterations or email setup. These will be quoted for upon request.
4. BookingTimes offers many upgrades for free, however, custom platform upgrades can also be done on a quotation basis.
5. A valid credit card is required to create an account and will be kept on file with us to pay for all incurred and recurring Fees. BookingTimes will charge applicable Fees to the credit card and BookingTimes will continue to charge the credit card for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full.
6. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
7. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. BT does not accept any liability for such loss.
8. Subscription Fees are paid in advance and will be billed either monthly or annually on the anniversary that your website goes live (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at BookingTimes’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Subscription & Additional Fees will appear on an invoice, which will be sent to the Business owner via the email provided. As well, an invoice will appear on the Account page of your Website’s administration console. Users have 4 weeks to bring up and settle any issues with the billing of Subscription Fees.
9. If we are not able to process payment of Fees using an Authorized Payment Method, we will make additional attempts once per day for 14 days. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your website during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, BookingTimes reserves the right to terminate your Account.
10. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
11. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of BookingTimes’s products and services. To the extent that BookingTimes charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your credit card. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to BookingTimes of your exemption. If you are not charged Taxes by BookingTimes, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
12. For the avoidance of doubt, all sums payable by you to BookingTimes under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by BookingTimes to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. BookingTimes shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
13. You must maintain an accurate location in the administration menu of your BookingTimes Website. If you change jurisdictions you must promptly update your location in the administration menu.
14. BookingTimes does not provide refunds. BookingTimes does not provide refunds or credits for partial months of service, upgrades, downgrades, or refunds for months unused with an open account. BookingTimes does not refund transaction fees.
15. If you sell your business, your Account plan and credits are not transferred to the new owner.

13. Cancellation and Termination

1. You may cancel your Account and terminate the Terms of Service at any time by clicking on your subscription plan located in the ”My Account” menu and clicking “Cancel Account.”
2. Upon termination of the Services by either party for any reason:
3. BookingTimes will cease providing you with the Services and you will no longer be able to access your Account;
4. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
5. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
6. any outstanding balance owed to BookingTimes for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
7. your Website will be taken offline and you will no longer be able to access the services.
8. If you purchased a domain name through BookingTimes, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
9. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
10. We reserve the right to modify or terminate the BookingTimes Service, the Terms of Service and/or your Account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
11. Without limiting any other remedies, BookingTimes may suspend or terminate your Account and/or Payment Services if we suspect or have suspicion that you have engaged in fraudulent, illegal or unauthorized activity in connection with the use of the BookingTimes system.

14. Modifications to the Service and Prices

1. Prices for using the Services are subject to change upon 30 days’ notice from BookingTimes. Such notice may be provided at any time by posting the changes to the BookingTimes Site (BookingTimes.com) or the administration menu of your BookingTimes Website via an announcement.
2. BookingTimes reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
3. BookingTimes shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

15. Third Party Services

1. You understand that BT uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
2. By connecting to third-party systems including, but not limited to payment gateways, Medicare or other government services, you authorize BookingTimes to make claims on behalf of your business and staff.
3. We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that BookingTimes has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services.
4. BookingTimes does not guarantee the availability of Third Party Services and you acknowledge that BookingTimes may disable access to any Third Party Services at any time in its sole discretion and without notice to you. BookingTimes is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service.
5. Under no circumstances shall BookingTimes be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services. These limitations shall apply even if BookingTimes has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

16. Feedback and Reviews

17. DMCA Notice and Takedown Procedure

18. Rights of Third Parties

19. Privacy and Data Protection

Questions