Last Update: 14 January, 2020
We want to keep our relationship with you as simple and informal as possible, but please read the Terms of Service carefully before you start using Bookem, because by using the Website you accept and agree to be bound and abide by these Terms of Service.
Should you disagree with some of the provisions herein, you can either leave the Website (please don't!) or contact us at firstname.lastname@example.org. Please keep in mind that this document is a legally binding agreement between you as the user of the Site (referred to as "you", "your" or "User" hereinafter) and Bookem.
Application and Acceptance of the Terms
Provision of Services
Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) you use the Site and Services for business purposes only; and (c) the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Site or your use of any Service or the member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
Each Member represents, warrants and agrees that you shall:
carry on your activities on the Site in compliance with any applicable laws and regulations;
conduct your business transactions with other users of the Site in good faith;
carry on your activities in accordance with the Terms and any applicable Additional Agreements;
not use the Services or Site to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
not engage in spamming or phishing;
not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
not involve attempts to copy, reproduce, exploit or expropriate Bookem's various proprietary directories, databases and listings;
not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
not involve any scheme to undermine the integrity of the data, systems or networks used by Bookem and/or any user of the Site or gain unauthorized access to such data, systems or networks;
not engage in any activities that would otherwise create any liability for Bookem or our affiliates.
Member may not use the Services and member account to engage in activities which are identical or similar to Bookem's scheduling and calendaring business. This does not include virtual assistant services and similar services that use Bookem to manage scheduling for their own clients.
Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Bookem's provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member's failure to do so results in delay in, or suspension or termination of, the provision of any Service, Bookem shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
Member acknowledges and agrees that Bookem shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Bookem does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
Member acknowledges and agrees that the Services may only be used by businesses and their representatives for business use and not for inBoxidual consumers or for personal use.
Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
Breaches by Members
Bookem reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject Bookem or our affiliates to liability, or is otherwise found inappropriate in Bookem's opinion.
If any Member breaches any Terms or if Bookem has reasonable grounds to believe that any Member is in breach of any the Terms, Bookem shall have the right to impose a penalty against the Member, or suspend or terminate the Member's account or subscription of any Service without any liability to the Member. Bookem shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by Bookem. The penalties that Bookem may impose include, among others, warning, removing any product listing or other User Content that the Member has submitted, posted or displayed, imposing restrictions on the number of product listings that the Member may post or display, or imposing restrictions on the Member's use of any features or functions of any Service for such period as Bookem may consider appropriate in our sole discretion.
Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
Bookem reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Bookem may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Bookem shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Bookem for such disclosure.
If a Member is in breach of the Terms, Bookem also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, Bookem also reserves the right to disclose the records of such breach to our affiliates. Such Bookem affiliates may impose limitation on, suspend or terminate the Member's use of all or part of the services provided by such affiliates to the Member, take other remedial actions, and publish the records about the Member's breach of the Terms on the websites operated by or controlled by such Bookem affiliates.
Bookem may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member's use of any Service or the Site without being liable to the Member if Bookem has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Bookem and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Bookem shall have the right to publish the records of such breach on the Site. Bookem shall not be required to investigate such breach or request confirmation from the Member.
Each Member agrees to indemnify Bookem, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.
Each Member further agrees that Bookem is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Bookem reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Bookem in asserting any available defenses.
Transactions Made Through The Website
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY BOOKEM ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", AND BOOKEM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOKEM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; BOOKEM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND BOOKEM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to Bookem's computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Bookem or through or from the Site shall create any warranty not expressly stated herein.
The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Bookem and our affiliates be held liable for any such services or products.
Each User hereby agrees to indemnify and hold Bookem, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site or Services (including but not limited to the display of such User's information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and hold Bookem, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Bookem, including but not limited to those set forth in Section 5 hereunder.
Each User hereby further agrees to indemnify and hold Bookem, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Bookem is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Bookem reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Bookem in asserting any available defenses.
Bookemshall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
Notwithstanding any of the foregoing provisions, the aggregate liability of Bookem, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to Bookem or our affiliates during the calendar year and (b) ZAR1000.00. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose.
Users - not Bookem - are solely responsible for compliance with any and all privacy laws in such User's jurisdiction, including, but not limited to, HPCSA, POPPI, GDPR, HIPAA and HITECH compliance.
The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Bookem has been advised of or should have been aware of the possibility of any such losses arising.
Intellectual Property Rights
The Website and its original content, features and functionality (including look!), are owned by Bookem and are protected by South African and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Website itself. If you have doubts about whether and how to use of material on the Website, please address your concerns to: email@example.com.
For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Service, "Content" also includes all User Content (as defined below).
Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party ("Third Party Rights"); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.
Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
All Content added, created, uploaded, submitted, distributed, or posted to the Website by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.
By submitting public User Content through the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Website and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website a non-exclusive, perpetual license to access your User Content through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Content will be made available on the Website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Website.
You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Website in any manner, or violating the Content Standards set below. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
Bookem may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
All legal notices or demands to or upon Bookem shall be made in writing and sent to Bookem by courier or certified mail to the following address: Bookem, ℅ Callan Vorster, 9 Oakholm, 7 Holmfirth Rd, Sea Point, 8005, South Africa.. The notices shall be effective when they are received by Bookem in any of the above-mentioned manner.
All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Bookem, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when: (a) Bookem is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (b) immediately upon Bookem posting such notice on an area of the Site that is publicly accessible without charge.
You agree that all agreements, notices, demands, disclosures and other communications that Bookem sends to you electronically satisfy the legal requirement that such communication should be in writing.
Specific Copyright Infringement Notices
We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorised party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
If you believe that any User Content violates your copyright, Provide us a written takedown notice including the following information:
Bookem and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
The Terms of Service constitutes the entire agreement between you and Bookem and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Bookem's failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Bookem's right to act with respect to subsequent or similar breaches.
Bookem shall have the right to assign the Terms - including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Bookem). You may not assign, in whole or part, the Terms to any person or entity.
The Terms shall be governed by the laws of South Africa without regard to its conflict of law provisions. The parties to the Terms hereby submit to the exclusive jurisdiction of the courts of South Africa.