Terms of Service
READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY, THIS AGREEMENT GOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES.
IF YOU REGISTER FOR A FREE TRIAL FOR OUR SERVICES, THIS AGREEMENT WILL ALSO GOVERN THAT FREE TRIAL.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING OUR SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE OUR SERVICES.
You may not access Our Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access Our Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. You may not use Our Services for any illegal purpose.
“Booking Automation”, “Service”, “Software”, “We,” “Us” or “Our” means BookingAutomation.com, a software service provided by Booking Automation Inc.
“You” or “Your” means the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity.
If You register for a free trial, we will make one or more services available to You free of charge. Your account will be supplied containing a limited amount of free credit and expires once the credit runs out. The free trial usually has a duration of 14-days. Any data entered or any customization made during the trial period will be permanently lost unless You buy credit to continue the service after the trial period. You are only allowed one free trial period, any further free trial period is only available with Our permission.
Fee’s and Payment.
Our service is provided as a pre-paid service. You must maintain Your account with a positive account balance at all times. If Your account balance falls to zero or below, some or all functionality of Your account will be disabled until You restore the account to a positive balance. Our Fee’s will routinely be deducted from Your account balance. You can view Your account and make payments from within the control panel.
Our prices do not include tax. If You are based within Ontario or liable to pay HST we will deduct this tax from Your payments.
Accounts and Passwords.
You will provide accurate, current and complete information when registering with Us and agree to update the information if it changes. You will keep your passwords and usernames confidential. You will use secure passwords, maintain up to date virus protection software on your computer and be vigilant against spam, phishing and other attempts to gain unauthorized access to your account.
Our service is provided by software running on computer systems connected to the Internet. The computers, the software or the networks connecting them to You or Your customers may fail at anytime. We will attempt to repair or have repaired any failures and restore service as quickly as we reasonably can. There will be periods when Our service is unavailable due to either planned routine maintenance or unexpected failures.
You should also be aware that Your data may be transmitted through and stored in foreign countries.
You may terminate Your use of Our service at any time without providing advance notice. Pre-paid credit is not refundable.
We retain the right to disable users and accounts that we deem to abuse or overload Our systems. This is for the protection of all users and is solely at Our discretion. Your account will only be re-activated when the abuse or overload is resolved to Our satisfaction.
Part 1. Booking Automation Onboarding Services
The following Booking Automation onboarding services (“Booking Automation Services”) are included:
To obtain free data migration services, Client must make Property Information available to Booking Automation in a digital format acceptable to Booking Automation within 30 days after the Effective Date. In some cases it may not be possible to transfer certain data points and Client will have to manually update such information. Client is responsible for verifying that Property Information has been transferred correctly. Property Information is automatically scored by the Booking Automation System on a scale between 0 and 5 based on completeness and data freshness. To enable intended functionality, Client agrees to make sure that Property Information in the Booking Automation System scores on average a value of 4 or above. If Client has multiple sources of Property Information, additional fees may apply.
Please note that Booking Automation and its Affiliates offer many other services, including but not limited to Systems Integration and Payment Services. Those services may have different terms and may carry additional fees due to Booking Automation or the Affiliate.
Part 2. Booking Automation Service Level Plans and Fee Schedule
Booking Automation offers three different service level plans that fit different company profiles. Your account will be upgraded automatically to the next applicable Plan tier based on number of units in the application. Please note that Plan features may change from time.
All Monthly Subscription Fees are billed in advance for the following month. Upon activation You will be billed a prorated amount based on remaining fees for the current month. Your Subscription Fees will continue until Your Booking Automation System subscription is cancelled regardless of actual usage.
Part 3. Booking Automation Payment
You can elect to pay monthly with a valid credit card on file.
Part 4. Term
Your account with Booking Automation is a pay-as-you-go. You can cancel your subscription at any time.
DISCLAIMER OF WARRANTY
THERE ARE NO REPRESENTATIONS OR WARRANTIES THAT APPLY OR THAT ARE MADE TO YOU IN ANY WAY IN CONNECTION WITH THE SOFTWARE OR THIS EULA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SOFTWARE AND YOUR ACCESS TO AND USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE, NON-INFRINGEMENT AND/OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SOFTWARE IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE DO NOT GUARANTEE, WARRANT OR REPRESENT THAT THE SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT YOUR USE, OPERATION OR RESULTS OF USE OF THE SOFTWARE SHALL BE UNINTERRUPTED, COMPLETE, RELIABLE, ACCURATE, CURRENT, ERROR-FREE, FREE OF COMPUTER VIRUSES OR OTHERWISE SECURE. YOU ASSUME THE ENTIRE RISK OF INSTALLING, OPERATING AND USING THE SOFTWARE.
LIMITATIONS OF LIABILITY
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER BOOKING AUTOMATION NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, BUSINESS AND PROMOTIONAL PARTNERS, OPERATIONAL SERVICE PROVIDERS, SUPPLIERS, RESELLERS AND CONTRACTORS SHALL, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM ANY USE OF THE SOFTWARE OR OTHERWISE IN CONNECTION WITH THIS EULA.
YOU FURTHER ACKNOWLEDGE AND AGREE YOUR SOLE RIGHT AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGE ASSOCIATED WITH THE SOFTWARE OR THIS EULA, EVEN IF YOU CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE, SHALL BE TO HAVE US, UPON WRITTEN NOTICE FROM YOU, ATTEMPT TO REPAIR, CORRECT OR REPLACE THE SOFTWARE. IF REPAIR, CORRECTION OR REPLACEMENT IS NOT REASONABLY COMMERCIALLY PRACTICABLE IN THE SOLE AND ABSOLUTE DISCRETION OF US, EITHER YOU OR WE SHALL HAVE THE RIGHT TO TERMINATE AND DISCONTINUE YOUR USE OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS EULA MAY NOT APPLY TO YOU.
Reservation of Rights.
Subject to the limited rights expressly granted hereunder, We and Our licensors reserve all of Our/their right, title and interest in and to the Services and Content, including all of Our/their related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.
License by Us to Use Content.
We grant to You a worldwide, limited-term license, under Our applicable intellectual property rights and licenses, to use Content acquired by You pursuant to this Agreement and the Documentation.
License by You to Host Your Data.
You grant Us and Our Affiliates a worldwide, limited-term license to host, copy, transmit and display Your Data, as necessary for Us to provide the Services in accordance with this Agreement. You remain liable for Your data and all content You post on Our site.
License by You to Use Feedback.
You grant to Us and Our Affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by You or Users relating to the operation of the Services.
You will indemnify and hold us (and Our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your using Our service, the data and content You post on Our service, a breach of this Agreement, or Your violation of any law or the rights of a third party.
This agreement is made under Ontario law. You agree to irrevocably submit to the sole and exclusive jurisdiction of the courts of Ontario, Canada.
This document was last updated on the 7th January 2018.