App Terms and Conditions

 

 

BookingBug App Terms and Conditions

 

BookingBug Limited ("BookingBug", "we" or "our") are registered in England and Wales under company number 06770610 and have our registered office at 42 King Edward Court, Windsor, Berkshire, SL4 1TG.

 

We provide the Services to you pursuant to your (or your employers) existing Subscription Agreement with BookingBug. These terms and conditions only apply to your use of the BookingBug application (the "App").

 

"Services" means BookingBug’s online bookings, appointments and events service, and related services accessible through the App, or ancillary services rendered to you (or your employer) by BookingBug.

 

You can contact us here

 

1.              By using the App you accept these terms


1.1           By using the App, you confirm that you accept these terms of use and that you agree to comply with them.

 

1.2           If you do not agree to these terms, you must not use the App.


2.              There are other terms that may apply to you


2.1           These terms of use refer to the following additional terms, which also apply to your use of the App:

 

(a)            your existing agreement with BookingBug for the Services (the "Subscription Agreement");

 

(b)            our Privacy Policy , which sets out the terms on which we process any personal data we collect from you, or that you provide to us during your use of the App. By using the App, you consent to such processing and you warrant that all data provided by you is accurate;

 

(c)             our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the App. When using the App, you must comply with this Acceptable Use Policy; and


(d)            our Cookie Policy, which sets out information about the cookies on the App.


3.              App Store


3.1           These terms are concluded between BookingBug and you only, and not with the app store provider (whether they be Apple Inc., Google Inc. or another third-party) (the "App Store Provider").


3.2           We are solely responsible for the App and the content thereof.


3.3           The App Store Provider has no obligation whatsoever to provide any maintenance and support services with respect to the App.


3.4           BookingBug and you acknowledge that the App Store Provider, and their subsidiaries, are third party beneficiaries of these terms and upon your acceptance of these terms, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof.


4.              Your Licence


Apple App Store: Where the App Store Provider is Apple Inc., you are granted a non-transferable license to use the App on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

 

5.              We may make changes to these terms


We amend these terms from time to time. Every time you wish to use the App, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 27 October 2017.

 

6.              We may make changes to the App


We may update and change the App from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

 

7.              We may suspend or withdraw the App


7.1           We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.


8.              You must keep your account details safe


8.1           Once you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.


8.2           If you are granted access to the App as an 'Administrator', you must only distribute user identification codes to such users as directed by BookingBug or your employer. You must keep all user identification codes confidential and not disclose them to anyone other than those persons as directed by BookingBug or your employer.


8.3           Each user identification code is only permitted to be used by one individual. Only BookingBug or your employer has the right to re-allocate user identification codes to new users.


8.4           We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.


8.5           If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at privacy@bookingbug.com.


9.              How you may use material on the App


9.1           You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.


9.2           We are the owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.


9.3           Subject to clause 12, in the event of any third party claim that the App or your possession and use of the App infringes any third party’s intellectual property rights, BookingBug (as opposed to the App Store Provider), will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.


9.4           You may print off one copy, and may download extracts, of any page(s) from the App for your personal use and you may draw the attention of others within your organization to content posted on the App.


9.5           You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.


9.6           Our status (and that of any identified contributors) as the authors of content on the App must always be acknowledged.


9.7           If you print off, copy or download any part of the App in breach of these terms of use, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


10.           Do not rely on information on this site


Although we make reasonable efforts to update the information on the App, we make no representations, warranties or guarantees, whether express or implied, that the content on the App is accurate, complete or up to date.

 

11.           Our responsibility for loss or damage suffered by you


Whether you are a consumer or a business user:


11.1        We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.


11.2        Different limitations and exclusions of liability will apply to liability arising as a result of the supply of the Services to you, which will be set out in the Subscription Agreement.


11.3        We are responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.


If you are a business user:


11.4        we exclude all implied conditions, warranties, representations or other terms that may apply to the App or any content on it.


11.5        we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:


(a)            use of, or inability to use, the App;


(b)            use of or reliance on any content displayed on the App;


(c)             loss of profits, sales, business, or revenue;


(d)            business interruption;


(e)            loss of anticipated savings;


(f)              loss of business opportunity, goodwill or reputation; or


(g)            any indirect or consequential loss or damage.


If you are a consumer user:


11.6        Please note that we only provide the App for commercial use subject to a Subscription Agreement. You agree not to use the App for any commercial or business purposes other than as agreed between us (or between BookingBug and your employer) in the Subscription Agreement, and we have no liability to you for any use outside of such permitted usage.


12.           Indemnity


You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

 

13.           Uploading content to the App


13.1        Whenever you make use of a feature that allows you to upload content to the App, or to make contact with other users of the App, you must comply with the content standards set out in our Acceptable Use Policy .


13.2        You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.


13.3        Any content you upload to the App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the App a limited license to use, store and copy that content and to distribute and make it available to third parties.


13.4        We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the App constitutes a violation of their intellectual property rights, or of their right to privacy.


13.5        We have the right to remove any posting you make on the App if, in our opinion, your post does not comply with the Subscription Agreement, or the content standards set out in our Acceptable Use Policy .


13.6        You are solely responsible for securing and backing up your content.


14.           Rights you are giving us to use material you upload


14.1        When you upload or post content to the App, you grant us the following rights to use that content:


(a)            you grant to us a worldwide, irrevocable, sub-licensable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights; and


(b)            you grant all other users of the App a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt and publish your user content on the App.


15.           We are not responsible for viruses and you must not introduce them


15.1        We do not guarantee that the App will be secure or free from bugs or viruses.


15.2        You are responsible for configuring your information technology, computer programmes and platform to access the App. You should use your own virus protection software.


15.3        You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.


16.           Our trademarks are registered


"BookingBug" is a UK registered trademarks of BookingBug Limited. You are not permitted to use it without our approval.