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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.

Collected Information


The information collected about companies subscribed to booxi is:
  • The details about the company that the user provides.
  • Details about the employees that the user provides.
  • Details about the service offering and pricing that the user provides.
  • Details about availabilities and schedules that the user provides.
  • Details about all the bookings made with the platform, including client information that the user or the customer provides.
  • Messages sent by the platform.
  • Invoices and payment transactions made with the platform, excluding complete credit card information.
  • Usage and log in history with the platform are retained for a maximum of 12 months.
      – May include IP address identification, as well as the type and version of device used.
      – Details about the usage and transmitted information.

    The information collected about the customer using the booxi service offered by our users is:
      • Details on all bookings made with the platform, including customer identification provided by the user or the customer.
      • Messages sent by the platform.
      • Invoices and payment transactions made with the platform, excluding complete credit card information.
      • Usage and log in history with the platform are retained for a maximum of 12 months.
        • -May include IP address identification, as well as the type and version of device used.
          -Details about the usage made and the information transmitted.

        The information collected about the user visiting our website in general is:
          • Details on all bookings made with the platform, including customer identification provided by the user or the customer.
          • Messages sent by the platform.
          • Invoices and payment transactions made with the platform, excluding complete credit card information.
          • Usage and log in history with the platform are retained for a maximum of 12 months.
            • -May include IP address identification, as well as the type and version of device used.
              -The pages of our website that were visited.
              -Details about the usage made and the information transmitted.

          Use of collected information

          Any information we collect from you may be used in any of the following ways:
          • To provide the service to which the user subscribes.
          • To personalize the user experience – this information helps us better meet the needs of our users.
          • To improve our website and platform – we continually strive to improve our features based on the information and feedback we receive from our users.
          • To improve customer service and support – this information helps us respond more effectively to your service and support requests and respond to you in real time.
          • To send communications – E-mail addresses and phone numbers collected can be used to send information and notifications related to the use of the service and the platform.

          Protection of collected information

          We implement a variety of security measures to maintain the security and confidentiality of your personal information.
              • The use of SSL protocol and digital certificate to protect the transmission of data.
              • Hosting ISO27001 (google link) – to ensure physical security and data backup.
              • Access protected by an encrypted username and password.

          Data retention

          The information provided by the user and the messages sent are kept for the duration of their subscription, and for a maximum of 12 months later, unless the user requests the withdrawal. The user is responsible for keeping the accounting information for tax purposes, which they must recover themselves through the export options offered by the platform. The usage and log in history for the platform are retained for a maximum of 12 months.  

          Use of cookies

           Our website and platform use cookies to understand and save your preferences for future visits, and to compile aggregate data about website traffic and website interactions so that we can offer better browsing experiences in future visits..

          Disclosure of information collected to third parties

          We do not share information from booxi users with third parties, except through the services they subscribe to and use through booxi, such as an online payment platform, a point of sale solution, a CRM, etc. We also do not share customer information from our users with any other third parties except for the third party services they use through booxi, such as an online payment platform.

          Links to third parties

          Sometimes, at our discretion, we may include or offer third party products or services on our site. These third party sites have separate and independent privacy policies. We therefore have no responsibility for the content and activities of these sites. Nevertheless, we seek to protect the integrity of our site and are willing to welcome any comments about these sites.

          Your consent

          By using the booxi website or service, you consent to the site’s privacy policy.

          Changes to our privacy policy

          If we decide to change our privacy policy, we will post these changes on this page.

          Request for withdrawal or correction of personal data

          For booxi users: We accept requests with withdrawal by email, phone, or via our site’s chat program. We accept correction requests for information that cannot be corrected by the user by phone, email, or via our site’s chat program. We do not accept opposition, therefore the user must stop using the service, and may exercise his right of withdrawal. For customers using the booxi service offered by our users: Requests for withdrawal, correction, and refusal must be communicated to the booxi user, meaning the company that is using the booxi service, and the responsibility to respond to such a request is theirs.

          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
          5455 Gaspe Ave Montreal QC H2T 3B3 info@booxi.com

          This Privacy Policy was last updated on December 5th, 2018.
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