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Welcome to Book Me Online, a booking and
scheduling service to help you locate and book a whole range
of professionals online. These Terms are an agreement between
you, the person who registers for the Service, and Book
Me Online (together referred to as "we" or "us").
It is important that you understand both the benefits and
limitations of the Service.
1. Acceptance of Terms.
When you click "ACCEPT," you agree
to these Terms. If you do not agree to all of these Terms,
click "DECLINE," and you will not be entitled
to use the Service. These Terms may be updated from time
to time. If you do not agree to the changes, you agree to
discontinue your use of the Service. You can review the
most current version at any time at www.powergig.com/asp/terms.asp.
Also, when using the Book Me Online to access
services offered by third parties, you acknowledge that
we are not responsible for their terms, and if you have
any problems with these parties, you should contact them
directly.
2. Benefits of Membership.
A. The Service. The Service is a booking
and scheduling management system that allows users to manage
and promote their scheduling and availability information
on the World Wide Web. The Service employs proprietary technology
to allow you to retrieve, view and maintain information
that you inputted or received as a result of being a member
on the site. Additional features may be included in the
Service in the future. The Service is currently provided
free to users looking to book a service. The membership
continues and is billed as such until it is cancelled. We
reserve the right to impose fees and changes. We will notify
you at least a month in advance if there is ever a change
in our fee schedule for the Service.
B. Service Limitations. We will try very hard to make your
experience with us a productive one. However, we cannot
always foresee or anticipate technical or other difficulties,
such as loss of data, personalization settings or other
service interruptions. We do not assume responsibility for
the timeliness, deletion, mis-delivery or failure to store
any user data, communications or personalization settings.
C. Privacy Policy. We respect your privacy, and expect you
to respect the privacy of other members on using the Service.
Our Privacy Policy is incorporated into and made part of
this agreement. You can view our Privacy Policy at www.bookmeonlineuk.com/privacy.asp.
D. Cancellation. You may cancel your membership of this
Service at any time by sending a request for cancellation
via our "Contact Us" page. Upon confirmation of
your request, your account will be cancelled. Please keep
in mind that extended periods of inactivity by you may also
result in the Service being cancelled. Also, we may cancel
your enrolment in this service for any reason, at any time.
We will attempt to notify you in advance of such cancellation,
but we are not obligated to do so.
3. Terms and Conditions
For the benefit and security of our users,
and to comply with applicable laws, we have a few mandatory
guidelines. ANY CONDUCT THAT VIOLATES THE TERMS AND CONDITIONS
IS GROUNDS FOR TERMINATION OF YOUR ACCOUNT.
A. Membership Eligibility. The Service is
available only to individuals who can form legally binding
contracts under applicable law. Without limiting the foregoing,
the Service is NOT AVAILABLE TO MINORS. If you do not qualify,
please do not use our services. Further, our services are
not available to temporarily or indefinitely suspended Book
Me Online members or suppliers.
B. Your Information. You agree to provide true, accurate,
current and complete information about yourself as requested
in our registration form and account setup forms and you
agree to not misrepresent your identity or your third party
information, which may include user names, passwords or
other important information about yourself or company. Your
information (or any items listed therein):
(a) shall not be false, inaccurate or misleading;
(b) shall not be fraudulent;
(c) shall not infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights
of publicity or privacy;
(d) shall not violate any law, statute, ordinance or regulation
(including without limitation those governing export control,
consumer protection, unfair competition, antidiscrimination
or false advertising);
(e) shall not be defamatory, trade libellous, unlawfully
threatening or unlawfully harassing;
(f) shall not be obscene or contain child pornography;
(g) shall not contain any viruses, Trojan horses, worms,
time bombs, cancelbots or other computer programming routines
that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data
or personal information;
(h) shall not create liability for us or cause us to lose
(in whole or in part) the services of our ISPs or other
suppliers; and
(i) shall not link directly or indirectly to or include
descriptions of goods or services that:
(aa) are prohibited under this Agreement; or
(bb) you do not have a right to link to or include.
C. Member Identity and Information. You represent to us
that, for each membership, you either are the identity you
claim to manage or you have been given express permission
to open and control a Book Me Online membership on behalf
of that identity. You understand that signing up another
member without their permission is a direct infringement
of their rights, and they may have the right to prosecute.
Book Me Online also reserves the right to prosecute for
any misrepresentation on the Service.
D. Book Me Online is ONLY a system for Booking, NOT a representative
of the supplier. Our site acts for the suppliers to list
booking availability and users to submit booking requests.
We are not involved in the actual transaction between users
and suppliers, and we have no control over the quality,
safety or legality of the items advertised, the truth or
accuracy of the listings, the ability of suppliers to perform
or meet the expectations or the ability of buyers to book
suppliers. We cannot ensure that a buyer or supplier will
actually complete a transaction.
E. Information Control. We do not control the information
provided by other users that is made available through our
system. You may find other user's information to be offensive,
harmful, inaccurate, or deceptive. Please use caution and
common sense when using our site. Please note that there
are also risks of dealing with foreign nationals, underage
persons or people acting under false pretence.
F. Booking and Buying. For any booking request, both parties
have the ability to modify or decline the booking request
and make additional changes during each stage of negotiation.
A booking request becomes final and binding if both parties
agree and accept to the terms of that booking request (and
any attached contract). By accepting a booking request,
you agree to be bound by the conditions included in the
booking request and any attached contract so long as those
conditions are not in violation of this Agreement or unlawful,
or unless is an exceptional circumstance. Any problems or
issues with any agreement you enter into with another party
should be handled with them directly.
G. Release of Book Me Online. Because user authentication
on the Internet is difficult, Book Me Online cannot and
does not confirm each user's purported identity. Thus, we
have established a user-initiated feedback system to help
you evaluate with whom you are dealing. We also encourage
you to communicate directly with potential booking partners.
Because we are not involved in the actual transaction between
buyers and sellers, in the event that you have a dispute
with one or more users, you release Book Me Online (and
our officers, directors, agents, subsidiaries and employees)
from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or
in any way connected with such disputes.
H. Acts by Third Parties. It is up to you to use your discretion
as to whether to enter into any agreement with any other
party on the site. Book Me Online is NOT responsible for
any transactions between members or individuals on the site.
Book Me Online is merely the conduit and has no responsibility
for any disagreements between two parties on the site, such
as non-payment for services, no-shows, mis-bookings, and
mis-communication between booking parties. In addition,
Book Me Online is not liable for any acts by pranksters
or non-credible people on the site.
I. Password Information. You will choose a password when
registering. You are responsible for maintaining the confidentiality
of your password and account. You are fully responsible
for all activities that occur using your password or account.
Please notify us immediately of any unauthorised use of
your password, account or any other breach of security.
We will not be liable for any loss that you may incur as
a result of someone else using your password or account,
either with or without your knowledge. You may not use anyone
else's password at any time to access the Service.
J. Obey the Law. You agree not to use the Service for illegal
purposes or for the transmission of material that is unlawful,
harassing, libellous (untrue and damaging to others), invasive
of another's privacy, abusive, threatening, or obscene,
or that infringes the rights of others, or in any way that
interferes with our ability to provide the Service or any
other service to our customers, or in any way which damages
our livelihood, or the livelihood of others. You are solely
responsible for all content you transmit through the Service.
K. Restrictions on Commercial Use or Resale. Your right
to use the Service is personal to you; therefore, you agree
not to resell or make any commercial use of the Service.
L. Proprietary Rights. You acknowledge and agree that Book
Me Online and our licensor(s) own all rights to this web
site and the content displayed on the site. You are only
permitted to use this content as expressly authorised by
the Service. You may not copy, reproduce, distribute, or
create derivative works from this content. Further, you
agree not to reverse engineer or reverse compile any of
our technology.
M. Use of Marks, Materials and Suggestions. The Book Me
Online names and logos and all related product and service
names, design marks and slogans are the property of, respectively,
Book Me Online or our affiliates. Any and all copies that
you make of the material must bear any copyright, trademark
or other proprietary notice that pertains to the material
being copied. Except as authorised in this paragraph, you
are not being granted a license under any copyright, trademark,
patent or other intellectual property right in the material
or the products, services, processes or technology described
therein. We, our affiliates and/or any third party owner
of such rights retain all such rights. Any feedback, questions,
comments, suggestions, ideas or the like, which you send
to us will be treated as being non-confidential and non-proprietary.
We will also be free to use any ideas, concepts, know-how
or techniques contained in such information for any purpose
whatsoever including but not limited to developing, manufacturing
and marketing products and services incorporating such information.
N. Endorsements. All product and service marks contained
on or associated with the Service that are not our marks
are the trademarks of their respective owners. References
to any names, marks, products or services of third parties
or hypertext links to third party sites or information do
not necessarily constitute or imply our endorsement, sponsorship
or recommendation of the third party, information, product
or service.
4. Rights You Grant to Us
A. Content You Provide. Subject to our Privacy
Policy, which is available on the web site, you are licensing
to us any "Content", which includes data and or
personal information obtained from your third party accounts,
or data that you provide through or to us and the Service.
We may use, modify, display, distribute and create new material
using such Content but only to provide the Services to you.
By using the Service, you automatically agree, or promise
that the owner of such Content has expressly agreed that,
without any particular time limit, and without the payment
of any fees, we may use the Content for the purposes set
out above.
B. Account Access. In order to ensure that we are able to
provide high quality Services that are responsive to members'
needs, you agree that our employees, auditors, lawyers and
other agents may have access to your account and records
as reasonably needed to investigate complaints, comply with
applicable laws and to service your account.
5. Other Important Legal Matters
A. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY
UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT
YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WE MAKE NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND
(v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK
AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE
SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THESE TERMS.
TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT
WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL
CONTROL.
B. Appropriateness of Content. From this site, users may
view on the Book Me Online site or be directed to sites
containing information or material that may be offensive
or inappropriate. We make no effort to review the content
of these sites, nor are we responsible for the validity,
legality, copyright compliance, or decency of the content.
In addition, we do not endorse or control the content of
any other user and are not responsible or liable for any
content, even though it could be unlawful, harassing, libellous,
privacy invading, abusive, threatening, harmful, vulgar,
obscene or otherwise objectionable, nor are we responsible
or liable for content that infringes or may infringe upon
the intellectual property or other rights of another. You
acknowledge that we do not pre-screen content, but that
we and our designees will have the right (but not the obligation)
in our sole discretion to refuse, edit, move or remove any
content that is available via the Service.
C. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE
LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL
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, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
D. Indemnification. Except when caused by, arising from,
or related to our intentional misconduct or gross negligence,
you agree to protect and fully compensate us and our affiliates
and service providers from any and all third party claims,
liability, damages, expenses and costs (including, but not
limited to, reasonable attorneys fees) caused by or arising
from your use of the Service, your violation of the Terms
or your infringement, or infringement by any other user
of your account, of any intellectual property or other right
of anyone.
E. Service Changes and Discontinuation. We reserve the right
to change or discontinue, temporarily or permanently, the
Service at any time without notice. In order to maintain
the security and integrity of the Service we may also suspend
your access to the Service at any time without notice. You
agree that we will not be liable to You or any third party
for any modification or discontinuance of the Service.
F. Other. This agreement cannot be changed nor any of our
rights waived unless we agree in writing. This agreement
is personal to you and you may not assign it to anyone.
All notices to us must be made in writing. Book Me Online
shall not be considered an agent or other legal representative
of the other for any purpose by reason of this agreement.
Nothing contained in this agreement shall be deemed to create
any association, partnership, joint venture, or relationship
of principal, agent, employer or employee between us. If
any provision of these Terms is held to be unenforceable,
then such provision shall be construed, as nearly as possible,
to reflect the intentions of the parties with the other
provisions remaining in full force and effect. These Terms
constitute the entire understanding between you and us about
the Service.
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