Bookings Essential Pty Ltd (referred to here as "Bookings Essential", "us", "we") provides its Service (as defined below) to You (as defined below) through its web site located at bookingsessential.com, bookingsessential.com,au and any of the subdomains of bookingsessential.com or bookingsessential.com,au (the "Site"), subject to this Terms of Service agreement.

By accepting these Terms of Service or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are entering into this Terms of Service 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 of Service, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of Service, You must not accept these Terms of Service and may not use the Service.

Bookings Essential reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Service at any time, with or without notice to You. Please check these Terms of Service, available on the Bookings Essential website, periodically for changes. Your continued use of the Service after the posting of any changes to the Terms of Service will signify Your acceptance of those changes.

The "Service" includes (a) the Site, (b) the system, tools and services provided by Bookings Essential through the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or Service (collectively referred to as the "Content"). Any new features added to or augmenting the Service are also subject to these Terms of Service.

These Terms of Service cover Your use of the Service, including, but not limited to, the process by which consumers reserve seats with You, schedule appointments with You, enroll or subscribe to services provided by You, purchase goods or services provided by You, as well as Your management of such schedules, seats, appointments, enrollments, subscriptions or purchases through the Service, your promotion of the service through referrals, and You agree that these Terms of Service apply to Your use of the Service.

By using the Service, You also consent and agree to the terms of the Bookings Essential Privacy Policy, the Bookings Essential Referral Program Terms and Conditions, and all other Bookings Essential legal policies applicable to You, available on the Site.

Bookings Essential has the right to change or modify, upgrade, add to, or discontinue the Service or any portion or feature thereof at any time without notice. Bookings Essential also reserves the right to assign or transfer this Terms of Service Agreement, in whole or in part, without restriction.

You must register to access and use the Service. If You are registering on behalf of a company, by registering You agree that You have the requisite authority to register on behalf of such company. You may register third parties as additional users of the Service within Your account. You are responsible for the compliance with these Terms of Service of such third parties.

You agree and acknowledge that Your login may only be used by one (1) person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as Your account plan allows.

You represent that any information You provide during registration or at any time thereafter is true, accurate and complete and that You will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so shall constitute a breach of these Terms of Service. You shall be responsible for maintaining the confidentiality of Your password, and will be solely liable for all actions taken via Your account and under Your password, whether or not made with Your knowledge or authority.

By registering, You agree that You will use the Service only for the purposes advertised on the Bookings Essential website or in other marketing material published by Bookings Essential, that You are a valid business desiring to use the Service to advertise Your business and generate online reservations, appointments, subscriptions, enrollments, purchases from consumers using the Service, and that any contact information You provide, such as email addresses and phone numbers, is valid and active contact information for You.

You agree to pay all charges as set forth on the Site and / or on pages accessed through the "account" section of Your Bookings Essential account, and / or in these Terms of Service. You agree that the address and email address You provide in Your account settings are valid business addresses and that Bookings Essential may invoice You at such addresses or through other electronic or facsimile communications.

Any fee invoiced to You by Bookings Essential is exclusive of all taxes, levies, or duties imposed by taxing authorities, with the sole exception of Australian GST if You are located in Australia. You shall be responsible for payment of all such taxes, levies, or duties, excluding only Australian (federal or state) taxes based solely on Bookings Essential's income.

All fees paid to Bookings Essential by You pursuant to these Terms of Service are nonrefundable.

Bookings Essential reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the Bookings Essential website and will be effective immediately.

Bookings Essential may charge you with immediate and / or recurring fees.

Immediate fees include one-off fees and the first instalment of a recurring fee. Immediate fees are charged to your nominated credit card immediately, upon your request via the Site. The order page will show such fees for your review. Immediate fees are non refundable. Bookings Essential will invoice you automatically for any recurring fees. The invoice will be sent to you via email or other electronic mean. All invoices will also be accessible from the "account / Billing" section of your Bookings Essential account.

Payment of invoices for recurring fees is due within 7 days from the date of the invoice ("Due date"). Bookings Essential will charge your nominated credit card for the due amount on or after the Due date. You can dispute recurring fees before the Due date, by submitting Your request in writing to us (either via email, mail, or by submitting a support ticket via the Site) before the Due date. You cannot dispute recurring fees after their Due date.

By adding a credit card to Your account, You warrant that such credit card is good and valid, that You are authorized to use such credit card to pay the fees due on Your Bookings Essential account, and You authorize Bookings Essential to charge such credit card for the recurring fees on or after the Due date, and for any immediate fees.

Once an amount has been charged to Your credit card, it is not refundable.

Bookings Essential will generate a tax invoice / receipt for every amount charged to Your credit card. This tax invoice / receipt will be accessible in the "account / Billing" section of Your account.

 

Due to the nature of email transmissions, it is not possible to guarantee that emails are actually received by the intended recipients. Emails may never reach the recipient's mailbox for various reasons outside our control, including but not limited to spam filtering, incorrect or changed addresses, recipient disk quotas. Bookings Essential cannot be held responsible for the failed or delayed delivery of emails, however when appropriate we or our partners will retry the delivery several times before giving up.

If, for whatever reason, Bookings Essential charges Your credit card pursuant to these Terms of Service, and the payment is not successful, Bookings Essential reserves the right to suspend Your access to the Service. If You fail to pay the applicable invoice within 10 days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, Bookings Essential reserves the right to terminate Your account. In the event Bookings Essential terminates Your account for non-payment, all amounts due and unpaid from You to Bookings Essential for use of the Service shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this section, Bookings Essential reserves the right to seek payment using any remedies allowed to it by law.

Bookings Essential reserves the right to contact You from time to time for feedback about the Service and for service and support related issues. We reserve the right to contact You through e-mail, facsimiles, text or voice messages, or notices posted on the Bookings Essential websites. Notices will be deemed effective at the time they are sent by Bookings Essential or as of date they are posted, regardless of whether You actually read any such notices.

You consent that any emails, surveys, other information or feedback You provide to Bookings Essential through the Service or via any other medium, except for Personally Identifiable Information, as defined in the Bookings Essential Privacy Policy, can be used by Bookings Essential in any manner, including but not limited to for testimonials, reviews and ratings on Bookings Essential or third party websites.

Bookings Essential reserves the right to access any or all Your accounts in order to respond to Your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Your data. We will not disclose Your data except if compelled by law or if permitted by You.

We grant You a license to use the Service in accordance with these Terms of Service. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, or make the Service available to third parties. We reserve all rights not expressly granted in these Terms of Service.

We retain all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks , registered trademarks or service marks contained in or relating to the Service (collectively the "Bookings Essential Intellectual Property") that are the exclusive property of Bookings Essential and/or its licensors. We do not transfer any rights in or to the Bookings Essential Intellectual Property to You.

Content of the Service that incorporates or includes any of the Bookings Essential Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Bookings Essential or the rightful owner, as applicable.

The name Bookings Essential and the various logos used or displayed on the Service are trademarks of Bookings Essential and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Bookings Essential products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.

By using the Service, You warrant that any information that you contribute regarding the services or goods that You provide, including their availability and their price, is accurate at all times.

By using the Service, You warrant that You will use the Service only for the purposes advertised on the Bookings Essential website, that You are a valid business desiring to use the Service to advertise Your business and generate online bookings, reservations, subscriptions, enrollments and purchases from customers using the Service, and that any contact information You provide, such as email addresses and phone numbers, is valid and active contact information for You.

Any breach of this section will result in termination of Your account. We reserve the right to pursue any remedies available to us at law or in equity for any breach of this Section.

You are responsible for ensuring that You can fulfill all reservations, bookings, purchases and subscriptions made through the Service and for communicating changes directly to Your customers. You are responsible for managing availability for the online scheduling of appointments and reservations including settings for staff, resources and services provided, bookable days and times for staff, resources and services provided, and lead times as may be appropriate to prevent double-bookings and other events which would adversely affect Your customers and their experience with the Service. You are responsible for reviewing Your online appointments and reservations often and regularly. If You cannot honour any appointment or reservation made through the Service, You agree to promptly communicate such change to the relevant customers. You are responsible for charging customers' credit cards only under explicit authorization by the customer. Your are responsible for handling customer inquiries professionally and promptly. You are responsible for honouring cancellation/reschedule requests according to your advertised policy.

You may not use the Service in any manner that is illegal or harmful to the Service. Among other restrictions, You agree that You shall not, nor shall You allow any third party to:

If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Service, please notify us immediately. You must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that You claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Bookings Essential website;
  4. Information reasonably sufficient to permit Bookings Essential to contact You, such as Your address, telephone number, and e-mail address;
  5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to our legal address: 

Bookings Essential Pty Ltd
Suite 902
260 Bunnerong Rd
Hillsdale, NSW, 2036
Australia

Materials, including but not limited to text, software, data, images, graphics, photos of Service, audio, audiovisual, videos, and content of any nature provided by Bookings Essential ("Content") or by other users of the Service ("User Submissions") to the Service website is owned by the party contributing such content.

As a user of the Service, You are solely responsible for Your own User Submissions. By transmitting Your User Submissions, You represent that You have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. In connection with Your User Submissions, You agree that You will not submit material that is or contains the intellectual property of a third party that You do not have permission to use.

You shall retain all of Your ownership rights in Your User Submissions; however, by submitting material to Bookings Essential, You grant Bookings Essential the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with the Service and Bookings Essential's business, and to grant these rights to others. To the extent You do not have ownership rights to any of Your User Submissions, You shall indemnify Bookings Essential for any claim regarding Bookings Essential's use of Your User Submissions.

Bookings Essential does not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential. When using the Service, You may be exposed to User Submissions from a variety of sources, and Bookings Essential is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.

Bookings Essential shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User submission.

In the event this Agreement is terminated (other than by reason of Your breach), Bookings Essential will make available to You a file of Your User submissions within 30 days of termination if You so request at the time of termination, before deleting Your account.

Bookings Essential reserves the right to withhold, remove and/or discard User submission without notice for any breach, including, without limitation, non-payment. Upon termination for cause, Your right to access or use Your User submission immediately ceases.

The Site may contain links to other websites ("Linked Third Party Sites"). Bookings Essential does not endorse, or approve of the operators of the Linked Third Party Sites or the information, graphics and material on those Linked Third Party Sites. ("Linked Third Party Material").

Bookings Essential is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement or approval of the site.

Subject to any applicable law, which cannot be excluded, Bookings Essential makes no warranties or representations:

You are responsible for properly cancelling Your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time through the "account" section of Your account. There are no other means of cancelling Your account. In particular, written or oral request to us to cancel your account does not constitute the cancellation of your account.

You will lose access to all of Your content upon cancellation and we will delete it in our normal course of business operations. This information cannot be recovered once your account is cancelled. If You cancel the Service before the end of Your current paid-up subscription period, your cancellation will take effect immediately and You will not be charged again, but no fees will be refunded.

Bookings Essential reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if Bookings Essential believes that You have violated these Terms of Service.

When using Bookings Essential without a monthly subscription ('Free' plan, where available), you are required to sign in to your account at least once every 90 days, to show that the account is still in use. Bookings Essential will delete accounts without monthly subscription where the user has not signed in for more than 90 days. Bookings Essential will send email reminders before proceeding to delete the account.

Bookings Essential will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account.

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities.

Bookings Essential shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.

THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND Bookings Essential EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT Bookings Essential DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM Bookings Essential OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL Bookings Essential BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, Bookings Essential SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS, WHICHEVER IS LOWEST. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE Terms of Service BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

Your only remedy for any dispute with Bookings Essential is to stop using the Service.

This Terms of Service Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under this Terms of Service Agreement and Your use of the Service resides in the courts of the State of New South Wales and You agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.

A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.