Advanced Terms of Service
The gist: We (Connected) run an online booking service called myBookingWizard.com and would love as many people to use it as possible. Our basic service has a monthly fee, and we offer advanced features such as configuration and customisation for an additional cost. Our service is designed to give you as much control and ownership over how the online booking service is shown on your site as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).
You can check our page on types of site that are welcome to use our service (or not!). If you find a myBookingWizard on a site that you believe violates our terms of service, please email us.
Please read this Agreement carefully before accessing or using the Online Service. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website, the Online Service or use any services. If these terms and conditions are considered an offer by Connected, acceptance is expressly limited to these terms. The service is available only to individuals who are at least 16 years old.
Your myBookingWizard Account. If you create any content on the Online Service, you are responsible for maintaining the security of your account and calendars, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Online Service. You must not describe or assign keywords to your setup in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Connected may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Connected liability. You must immediately notify Connected of any unauthorized uses of your Online Service, your account or any other breaches of security. Connected will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of editors. If you operate the Online Service, edit an entry, post material to the calendar, post links on the booking system, or otherwise make (or allow any third party to make) material available by means of the service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your service or web-site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;your booking service is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your online booking URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Connected or otherwise.
By submitting Content to Connected for inclusion on your Online Service, you grant Connected a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your booking service. If you delete Content, Connected will use reasonable efforts to remove it from the Online Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Connected has the right (though not the obligation) to, in Connected’s sole discretion (i) refuse or remove any content that, in Connected’s reasonable opinion, violates any Connected policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Online Service to any individual or entity for any reason, in Connected’s sole discretion. Connected will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal. Paid services such as subscriptions, configuration, support and bespoke development are available and by selecting any or all of these services you agree to pay Connected the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated. Fees are not refundable.
Automatic Renewal. Unless you notify Connected before the end of the applicable subscription period that you want to cancel a service, your subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such services (as well as any taxes) using any credit card or other payment mechanism we have on record for you. The Online Service can be canceled at any time.
Fees; Payment. By signing up for the service you agree to pay Connected the setup fees and monthly fees indicated on the site in exchange for the services listed. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Connected reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on 30 days written notice to Connected.
Support. Some upgraded services include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Connected to respond within one business day) concerning the use of the services. “Priority” means that support for support customers takes priority over support for users of the standard, community-supported services. All paid-for support will be provided in accordance with Connected practices, procedures and policies.
Responsibility of Website Visitors. Connected has not reviewed, and cannot review, all of the material, including computer software, posted to the Online Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Online Service, Connected does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Online Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Connected disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which myBookingWizard.com links, and that link to myBookingWizard.com. Connected does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, Connected does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Connected disclaims any responsibility for any harm resulting from your use of non-myBookingWizard websites and webpages.
Copyright Infringement. As Connected asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by myBookingWizard.com violates your copyright, you are encouraged to notify Connected. Connected will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Connected will terminate a visitor’s access to and use of the Online Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Connected or others. In the case of such termination, Connected will have no obligation to provide a refund of any amounts previously paid to Connected.
Intellectual Property. This Agreement does not transfer from Connected to you any Connected or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Connected. Connected, myBookingWizard and their associated logos, and all other trademarks, service marks, graphics and logos used in connection with Connected or myBookingWizard, or the Website or the Online Service are trademarks or registered trademarks of Connected or Connected’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Online Service may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Connected or third-party trademarks.
Ownership of data. Data collected in the operation of the Online Service will remain the property of Connected to do so with as Connected wishes and this includes (but is not limited to) behavioural, browsing, personal, technical and demographic information on users, operators and editors of the Online Service.
Changes. Connected reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Online Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Connected may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Connected may terminate your access to all or any part of the Website or Online Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your myBookingWizard account (if you have one), you may simply discontinue using the Online Service. Notwithstanding the foregoing, if you pay for any services, such account can only be terminated by Connected if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Connected’s notice to you thereof; provided that, Connected can terminate the Online Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Online Service is provided “as is”. Connected and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Connected nor its suppliers and licensors, makes any warranty that the Online Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Online Service at your own discretion and risk.
Limitation of Liability. In no event will Connected, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Connected under this agreement during the twelve (12) month period prior to the cause of action. Connected shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Connected, its contractors, and its licensors, and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Online Service, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Connected and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Connected, or by the posting by Connected of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Online Service will be governed by the laws of England.
Last updated Tue 12th April 2011.