TERMS OF USE

This document, together with the Privacy Policy and any other policies or guidelines posted at booxi.com (the “Agreement”) is a contract between you (“you”) and BOOXI INC (“BOOXI”) concerning the conditions associated with your use of the website, web and mobile applications, and/or of the services offered within such website (the “Service”). Please read all of the following terms and conditions carefully before using the Service. By using or accessing the Service, you agree to all the terms and conditions stated in this Agreement. If, at any time, you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the Service.

Conditions relating to use of the Service

You need a supported Web browser to access the Service. You acknowledge and agree that BOOXI may cease to support a given Web browser and that your continuous use of the Service will require you to download a supported Web browser. You also acknowledge and agree that the performance of the Service is incumbent on the performance of your computer equipment and your Internet connection.

You are solely responsible for managing your account and password and for keeping your password confidential. If you have forgotten your password, click on the "Forgot Password?" link and follow the on-screen instructions. You are also solely responsible for restricting access to your account.

You agree that you are responsible for all activities that occur on your account or through the use of your password by yourself or by other persons. If you believe that a third party obtained or guessed your password, use the change password feature of the Service as soon as possible to obtain a new password.

In all circumstances, you agree not to permit any third party to use or access the Service.

As a condition to your use of the Service, you agree not to:

a)     Impersonate or misrepresent your affiliation with any person or entity;

b)     Access, tamper with, or use any non-public areas of the Service or BOOXI’s computer systems;

c)     Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks;

d)     Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;

e)     Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;

f)      Provide payment information belonging to a third party;

g)     Use the Service in an abusive way contrary to its intended use, to its documentation or to BOOXI’s reasonable instructions;

h)     Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

i)      Infringe third party intellectual property rights when using or accessing the Service.

j)      Use the service to offer services that are against your local laws, such as, but not limited to sexual services, illegal drug traffic or services, and service employing under age children.

k)     Use the pictures provided by BOOXI for any other purpose than your booxi web page.

Please consult www.booxi.com/pricing for more information on the pricing and features of our different subscription plans.  You acknowledge being bound by the terms and conditions of the subscription plan you have selected.

BOOXI grants you the personal, non-transferable, non-exclusive, revocable and limited right to access and use the Service for commercial purposes. It is your responsibility to ensure that all employees or associated personnel using the Service have agreed with the Agreement prior to using it.

You agree that BOOXI may at any time modify the pricing scheme and/or fees attached to the subscription plan and your continuing use or access of the Service shall be deemed to constitute acceptance of such new pricing scheme or fee,

BOOXI will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. BOOXI may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. you acknowledge that, although BOOXI has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

Fees and Payment

BOOXI shall charge all applicable fees on the credit card or PayPal account associated to your BOOXI account. You are responsible for providing BOOXI valid credit card information. You may modify this information at any time by accessing the “Billing” section of the Service. You must update your credit card information if your credit card information changes.

BOOXI accepts no liability to complete any transaction which cannot be cleared by our payment processor, whether because there are no sufficient funds available on your credit card or otherwise. If such situation would occur, you will receive an error message from the Service and the transaction will be denied. Moreover, BOOXI may suspend your account and contact you so you can provide BOOXI with valid alternative credit card information. Such suspension shall not relieve you from your obligation to pay any fees owed to BOOXI.

All monies stipulated in this Agreement and in the Service including all applicable taxes are expressed in Canadian dollars for users residing in Canada, and in US dollars for users residing outside Canada.

Termination

You may cancel your individual account at any time by cancelling your account subscription.  BOOXI also reserves the right to suspend or end the Service at any time at its discretion and without notice. For example, BOOXI may suspend or terminate your use of the Service if you are not complying with the present Agreement, or use the Service in a manner that would cause BOOXI legal liability, disrupt the Service or disrupt others' use of the Service.  BOOXI reserves the right to terminate and delete your account if you haven't expressly requested to BOOXI to keep your account, after 3 consecutive months of deactivation.

BOOXI reserves the right to temporarily or permanently discontinue the Service at any time. BOOXI will deploy commercially reasonable efforts to notify you of such discontinuation. If you breach this Agreement, BOOXI will have the right to terminate this Agreement immediately, without notice, and to deactivate your account.

If you are not complying with the present Agreement or cancel your account subscription, you acknowledge and agree that BOOXI will not refund any paid subscription.

If your account is deactivated, BOOXI gives you access to a data recovery service for a fee that will not exceed $1000 per account. This data recovery service will be limited to a client list and an appointment list with basic informations.

Proprietary Rights

All right, title, and interest in and to the Service, including the pictures provided by BOOXI are and will remain the exclusive property of BOOXI and its licensors. The Service is protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or commercially exploit the Service.

Disclaimer of Warranty and Limitation of Liability

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, BOOXI MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICE, INCLUDING THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SERVICE WILL BE CORRECTED. BOOXI PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE”.

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, BOOXI’ WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL BOOXI AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF BOOXI HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT BOOXI IS FOUND LIABLE TO PAY YOU ANY DAMAGES, BOOXI’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEEED $100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.

Indemnification

You agree to defend, indemnify, and hold harmless BOOXI, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service.

Amendments

BOOXI may amend this Agreement or any section of this Agreement, in whole or in part, at any time. Each such amendment (i) will be communicated to you at least 30 days before its coming into force; (ii) set out the new section only, or an amended section along with the section as it read formerly; (iii) set out the date the amendment comes into force; and (iv) if the amendment entails an increase in your obligations or a reduction in BOOXI’s obligations, give you the right to refuse any amendment and terminate this Agreement without cost, penalty or cancellation indemnity by sending BOOXI a notice to that effect no later than 30 days after the amendment comes into force.   In order to send such a notice, click on the “I Do Not Agree” when the amendment is communicated to you. Refusing an amendment entails the termination of this Agreement, and the automatic deactivation of your account with denial of access to the Service.

General Provisions

This Agreement shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada applicable to contracts between Quebec residents and to be performed in Quebec. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Québec.

This Agreement is the entire and exclusive agreement between BOOXI and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between BOOXI and you regarding the Service.

You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of BOOXI which consent is within BOOXI’s sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. BOOXI shall be allowed to assign this Agreement to any third party without requiring your consent.

Nothing in this Agreement shall constitute a partnership or joint venture between you and BOOXI.

If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.

The Parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof can be made in this language. Les Parties ont expressément demandé que ce contrat soit rédigé en anglais et que toute modification à celui-ci puisse se faire également dans cette langue.

Contact

If you have any concern, question or complaint regarding this Agreement, please contact BOOXI at:

info@booxi.com

The current Agreement last update was September 30th, 2015.

Privacy Policy

BOOXI offers products and services to businesses and self-employed professionals offering services with appointment to consumers. BOOXI stores information with the purpose of helping its users to manage their appointments and business, consumers to find, book and inform themselves of the services offered by BOOXI users, as well as other purposes express in this policy.

Purpose and Scope of the Policy

This privacy policy describes how we collect, use and disclose your business data and the personal information of your clients, and how this information can be consulted and corrected when necessary. This privacy policy uses the terms DATA and INFORMATION alike which includes any kind of data, not only limited to textual, numerical and graphical (pictures) information or data.

By using the Service, you accept the terms and conditions of this policy.

This policy does not extend to websites operated nor service offered by third parties. BOOXI is therefore not liable for their privacy policies, procedures and practices.

Data Collected

A.         Confidential Information

We collect and store data relating to your business and your clients in several ways, including, but not limited to: when you sign-up to the service, and you use the service. All collected data that is not qualified as Public Information is considered Confidential Information.

B.         Usage Information

We collect data relating to how you and your clients use the service in several ways, including, but not limited to: when you use the website, the web and mobile applications and the book now plugins.

This information may include your IP address, the date, time and duration of your visits as well as the web pages you consulted.

Our Website, like most other commercial websites, also uses cookies. These are files that are installed on your computer hard drive or web browser in order to collect information such as your language of preference, browsing history and browser type and version, all for the purpose of optimizing your experience on our booxi.com Website.

These cookies cannot be used to extract personal information. However, we can match the information collected by cookies with other information through booxi.com.

Disabling cookies on your browser could adversely affect your browsing experience on the booxi.com Website.

C.        Public Information

We collect and store non confidential data relating to your business in several ways, including, but not limited to: your business name, address, open hours schedule, service offer, pricing and staff, with text, images and video content. For example, all information displayed in your BOOXI website is considered Public Information.  

Use and Communication of your Data

A.        We use and disclose your data mainly:

                  To allow us to provide our products and services to you; 

                  To allow third parties to provide products and services you subscribed to; 

                  To provide you support, answer questions and information requests from you;

                  To provide statistics to our users and third parties without identification (anonymously);

                  For any other purposes authorized or required by law.

B.        We use and disclose your Usage Information mainly:

                  To improve our products and services; 

                  To provide you with assistance using the product and services (customer support);

                  For the purposes of marketing and advertising, using data without your identification.

                  For any other purposes authorized or required by law.

C.        We use and disclose your Public Information mainly:

                  To allow consumers to use our products and services; 

                  For the purposes of marketing and advertising.

When we disclose your information to third parties, we take reasonable measures to ensure that the rules set forth in this policy are complied with.

Right to Access and Correct

Your data is securely stored on Google Cloud service, which is a certified ISO 27001 service offered by Google and provides security and reliability of your data.

Your Confidential Information is accessible with your credentials (including your password), by other users (or employees) to whom you have explicitly given access to a portion or all your data, and in conformity with this Privacy Policy.

Your data is securely stored on one or multiple Google servers, ensuring that your data is backed up and limiting the risk of inaccessibility.

On written request and subject to proof of identity, you and your clients may consult the personal information that we have disclosed, and ask that any necessary corrections be made, where applicable, as authorized or required by law.

Update

This Privacy Policy may be amended without notice. This policy was last updated on September 30th, 2015.

Contact Person

Any request to access or correct your personal information and any question or comment you may have with respect to our privacy policy must be sent to the Privacy Officer by mail or email using the following contact information:

 

Legal Department

 

BOOXI INC

 

3662 rue Saint-Hubert

Montreal, QC H2L 4A2 Canada

 

info@booxi.com

 

This Privacy Policy was last updated on September 30th, 2015.

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