Terms and Conditions Agreement between datedechoix.com and Business Users
Latest version: May 25, 2018
1. Acceptance of Terms and Conditions
datedechoix.com provides online scheduling and client management services to its business users and allows their clients to book appointments with them through the Internet (the "Services"). By accessing and using the Services you agree to accept the terms and conditions set forth below (the "Terms") on behalf of yourself and your company. datedechoix.com reserves the right to modify the Terms at any time, with or without notice to you. Please check these Terms, available on our website, periodically for changes. Your continued use of the Services after the posting of any changes to the Terms will signify your acceptance of those changes.
2. Changes to the Services
datedechoix.com reserves the right to modify, upgrade, add to, or discontinue temporarily or permanently the Services or any portion thereof at any time without notice. datedechoix.com will not be responsible for the consequences of such changes to users and or third parties affected.
3. Using the Services
In order to use the Services, you must have access to the Internet. It is your responsibility to obtain any equipment related to the availability of the Internet such as a computer and modem. Any costs related to the use of the Internet are the sole responsibility of the user. As a consequence, datedechoix.com cannot guarantee the quality of the Internet connection. Registration is a mandatory step to allow for the activation of your account and ongoing usage of the Services. You agree that you are legally authorized to accept the Terms on behalf of yourself and your company, if applicable. 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. 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. You are responsible for ensuring that you can fulfill all appointments made through the Services and for communicating changes directly to your customers. You are responsible for managing availability for the online scheduling of appointments including settings for staff and services, bookable days and times for staff and services, and lead times as may be appropriate to prevent double-bookings and other events which would adversely affect your customers' experience with the Services. You are responsible for reviewing your online appointments often and regularly. If you cannot honor an appointment made through the Services, you agree to promptly communicate such change to the relevant customers. You recognize that datedechoix.com can place general rules and limitations as for the usage of the Services. You recognize that datedechoix.com does not guarantee the transmission or storage of all appointments, messages, or other communications exchanged through the Services. You accept that datedechoix.com may delete appointment history and any related data older than 24 months.
4. Posted Content
You accept that you are entirely responsible for the content that you post, download, send by e-mail/SMS/newsletter, or transmit of any other manner through the Services (the "Content"). You recognize that datedechoix.com cannot view the Content before it is posted, does not control the Content, and consequently cannot guarantee the timeliness, the lawfulness, integrity or the quality of the Content. datedechoix.com will not be held responsible, in any case, for the Content, particularly for the illegal character of the Content, any error or omission within the Content, or for any loss or damages consecutive to the use of the Content. You will refrain from posting Content which is considered illegal, illicit, misleading, non solicited promotional messages, computer viruses, or any content which may cause harm to the proper and routine functioning of the Services. It is forbidden to collect, store and distribute the personal data of other users. You equally agree to avoid spamming or emailing excessive amounts of Content to your clients through the Service. You may not save fake email addresses in client or staff profiles and must make every effort to correct erroneous email addresses when brought to your attention. datedechoix.com reserves the right, at its own discretion, (and without obligation) to remove all non conforming Content posted through the Services. You recognize and accept that datedechoix.com can be brought to divulge the Content in accordance with the laws in force or to protect the rights of its users.
5. Opting-In for SMS and Newsletter Messages
SMS and newsletter messages are to be sent to opt-in recipients only. You agree to ensure that all recipients are fully opted-in, i.e. these recipients clearly gave you permission to send them such messages. It is not permitted to send messages to recipients that did not give such permission. As the sender of such unsolicited messages, you bear full legal and financial responsibility for such actions. datedechoix.com shall not be liable for any damages arising out of or in any way connected with unsolicited messages sent by the user through the Services.
6. Invoicing and Payment
You agree to pay all charges as set forth on the datedechoix.com website, in your account, and/or in the Terms. Any charge invoiced to you by datedechoix.com is exclusive of all sales taxes imposed by taxing authorities, and you shall be responsible for payment of all such taxes. datedechoix.com reserves the right, at any time and at its own discretion, to change any fees and any other pricing terms. Any changes shall be posted on the datedechoix.com website, in your account and/or communicated by email. Changes will be effective immediately. datedechoix.com will invoice you on a monthly or annual basis, in advance, for all amounts due to datedechoix.com. By adding a credit card to your account you warrant that such credit card is good and valid, and you authorize datedechoix.com to charge such credit card for amounts due under the Invoices. Once an amount has been charged to your credit card, it is non-refundable. If, for whatever reason, datedechoix.com charges your credit card as indicated on the Invoices and the payment does not go through, datedechoix.com reserves the right to suspend your access to the Services. 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, datedechoix.com reserves the right to cancel your account. In the event datedechoix.com cancels your account for non-payment, all amounts due and unpaid from you to datedechoix.com for use of the Services shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this section, datedechoix.com reserves the right to seek payment using any remedies allowed to it by law. If you wish to dispute any charge invoiced to you by datedechoix.com, you agree to submit the disputed charge to us no later than five business days after the datedechoix.com Invoice containing the disputed charge is posted to your account. You are responsible for logging in and timely reviewing any datedechoix.com Invoice. You may submit a disputed charge by contacting us by email, telephone, or mail. We agree to review your message and work with you to find a timely solution. We will not charge your credit card for any disputed amounts until such dispute has been resolved, as evidenced in a written agreement.
7. Payment Processing
All payment processing and credit card capture, whether it be related to invoicing for our Services or payment to you for appointments booked through our Service, is handled by a third party payment gateway. Information is sent securely over SSL encryption. datedechoix.com does not store any credit card numbers, expiration dates and/or CVV2 numbers.
8. Protection of Personal Information
All personal data, including that of your clients, will be held with the utmost confidentiality. Furthermore, personal information will not be collected, used or disclosed without prior consent. All data is housed on servers located in Canada and subject to Canadian legislation. Our policy on the protection of personal data complies with the Act Respecting the Protection of Personal Information in the Private Sector of the Province of Quebec. For transborder collections, uses and disclosures of personal information in the course of our business activities, the Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada will apply.
You understand that datedechoix.com is acting as a data processor on your behalf and that your usage of personally identifiable information must also comply with applicable legislation in your jurisdiction, including the General Data Protection Regulation for personal information of residents of the European Union, including the UK and Switzerland. You agree to use the features datedechoix.com provides at your disposal to help you protect the privacy of your clients.
datedechoix.com reserves the right to contact you by any means for feedback about the Services and for service and support related issues. Notices will be deemed effective at the time they are sent 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 datedechoix.com except for personal information deemed confidential by law can be used by datedechoix.com in any manner, including but not limited to for testimonials, reviews and ratings on datedechoix.com or third party websites.
10. External Links
datedechoix.com or any third parties may make links to external websites available through the Services. To the extent that datedechoix.com cannot control these sites, you recognize that datedechoix.com cannot be held accountable for any content, advertisements, products, services or any other material available on these sites or external sources.
11. Intellectual Property
You recognize and accept that the Services and all software used in relation with the Services (the "Software") are protected by the intellectual property rights in force by law. datedechoix.com grants you a personal, non exclusive and non transferable right to use the Software. You agree not to (and acknowledge that you may not grant others the right to) copy, modify, reformat, create derivative works, reverse engineer or attempt to find the source code, rent, lease, lend, frame, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Software. You accept to use no other means but the User Portal to gain access to the Services. The content of the Services that incorporates intellectual property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever.
12. Account Termination
You recognize that datedechoix.com has the right to deactivate or to terminate at any moment, with immediate effect and without notice, your account or access to your account as well as all files in that account for any reason more particularly for non usage of the account, or if datedechoix.com has good reason to believe that you violated the Terms. datedechoix.com may also terminate your account if the services posted are sexual in nature. You recognize that datedechoix.com will not be responsible for any loss or damages to you or a third party caused by the termination of your access to the Services.
We will also terminate your account if you advise us that you wish to discontinue your use of the Services. Please note that although the best effort is made to erase all your data from our servers following account termination, some data may remain on back-up versions of our software for a maximum of 6 months.
You are committed to, and guarantee to compensate datedechoix.com, and any of its representatives, employees, partners and affiliated companies, for any damages resulting from the emailing, posting, uploading or transmission of Content by you through the Services or your usage of the Services, as well as by your violation of the Terms, others' rights or public order. This guarantee includes compensation for damages as well as associated legal fees as deemed reasonably acceptable.
The Terms shall be governed by and construed in accordance with the laws of the Province of Quebec. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and your use of the Services resides in the courts of the city of Montreal and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.
15. Warranty Disclaimer
THE SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. datedechoix.com DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS THE SERVICES AT ALL TIMES OR PLACES, THAT datedechoix.com WILL HAVE THE CAPACITY FOR ALL USERS, OR THAT THE SERVICES WILL BE OPERABLE WITH YOUR EQUIPMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, datedechoix.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT.
datedechoix.com DOES NOT GUARANTEE THAT (i) THE SERVICES WILL MEET YOUR EXPECTATIONS TO THEIR FULL EXTENT (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, AND ERROR PROOF (iii) THE RESULTS OBTAINED WHILE USING THE SERVICE WILL BE EXACT AND RELIABLE (iv) THE QUALITY OF ALL PRODUCTS, SERVICES, INFORMATION OR ALL OTHER MATERIEL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS (v) THAT THE FLAWS INHERRENT IN THE SERVICES, IF ANY, WILL BE CORRECTED.
16. Limitation of Liability
YOU RECOGNIZE AND ACCEPT THAT, IN NO EVENT SHALL datedechoix.com OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE HELD RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER RESULTING FROM ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS, (v) ANY BUGS, VIRUSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (vii) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (viii) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
© datedechoix.com 2018