1. Use of the Platform
Subject to these Terms, EzyOnlineBookings grants you a personal, revocable, non-exclusive and non-transferable license during the Term to use the Platform. You are responsible for configuring the Platform and ensuring it meets the needs of your business.
You will not, and will not permit anyone else to, without EzyOnlineBooking’s prior written permission:
- use the Platform for purposes other than the Platform Services;
- “frame”, “mirror” or otherwise incorporate any part of Platform on any website, except as necessary to inline frame on your own website Customer-facing booking webpages provided to you by EzyOnlineBookings;
- access, monitor modify, copy or distribute any part of the Platform using any automated means or any manual process;
- violate the restrictions in any robot exclusion files on the Platform or circumvent other measures employed to prevent or limit access to the Platform;
- remove any watermarks, labels or other legal or proprietary notices included in the Platform;
- attempt to modify the Platform, including disguising or changing any indications of the ownership or source of the Platform;
- license, sub-license, resell, assign, distribute, or otherwise commercially exploit or make the Platform available to any third party, other than as expressly permitted by these Terms;
- use the Platform in any manner that interferes with the integrity or performance of the Platform;
- use the Platform as part of any service for sharing, lending, or on behalf of any other person or entity, except to the extent permitted herein;
- attempt or assist others to circumvent, disable or defeat any of the security features or components that protect the Platform;
- create adaptations, translations, or derivative works based on the Platform or decompile, disassemble, reverse engineer or otherwise exploit any part of the Platform;
- use the Platform in a manner that violates third party intellectual property rights;
- upload to or transmit through the Platform anything that is offensive, hateful, obscene, defamatory or violates any laws; or
- use the Platform to send unsolicited electronic messages (and nothing in these Terms will be construed as EzyOB permitting or causing you to send electronic messages using the Platform).
EzyOnlineBookings may deny to anyone use of the Platform at any time and for any reason. You will cease and desist from using the Platform immediately upon request by EzyOnlineBookings.
2. Registration & System Accounts
If you register for an account on the Platform, you agree to maintain the security and confidentiality of your password and access keys and maintain and promptly update any information you provide to EzyOnlineBookings. You are responsible for all activities that occur through your EzyOnlineBookings account, and for all charges incurred therefrom. Your login may only be used by one person; provided that you may create separate logins for as many people as your Subscription allows. You are responsible for ensuring all such persons adhere to these Terms.
3. Data Protection, Ownership & Confidentiality
We may access and retain Your Data and accounts to provide services to you or to manage its business, provided that we will not retain personal information of your customers or employees or detailed financial information of your business. We may also archive Your Data for historical reporting.
You may export Your data at any time. Once Your Data has left the Platform, it is no longer covered by our privacy and security policies. When your account is closed, Your Data is removed from the Platform and is no longer accessible to you.
4. Hosting, Security & Availability
EzyOnlineBookings takes reliability and security very seriously.
However, no system is perfectly secure or reliable and EzyOnlineBookings does not warrant that the Platform will be secure or available. The Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. EzyOnlineBookings does not warrant or guarantee the confidentiality of any communications made by you through the Platform, that the Platform is compatible with your computer system or that the Platform, or any links therein, will be free of viruses, worms, trojan horses or disabling devices or other destructive or contaminating code.
You accept all of these risks and are responsible for implementing safeguards to protect the security and integrity of your computer system. You are responsible any costs incurred by you as a result of your use of the Platform.
5. Fees and Billing
Charges for the use of the Platform (the “Fees”) are described on our website. You agree to pay all Fees (and applicable taxes) related to your use of the Platform in accordance with the payment terms set out on the Platform. EzyOnlineBookings may change Fees and payment terms, promotions, referral programs or other fee credit programs at any time. If we change the Fees, we may give you at least 30 days’ notice, and we may apply such changes to your account at a later date. If you disagree with any such changes, do not use the Platform after the change becomes effective. EzyOnlineBookings may also provide special pricing to certain users that is different than the publicly displayed Fees.
6. Customer Service & Support; Submissions
We reserve the right to change our support terms or cease to provide support at any time without notice to you. We may refuse support, or charge you for excessive requests, requests not covered by your Subscription, overly complex configurations or requests outside of the understanding of our support staff.
By submitting content to the Platform or to EzyOnlineBookings (collectively, “Submissions”), you grant EzyOnlineBookings a worldwide, non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, translate, distribute, publish, exploit, create adaptions or derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised. You further grant EzyOnlineBookings the right to pursue at law any person or entity that violates your or EzyOnlineBookings rights in the Submissions. Submissions are non-confidential to you and may be used by EzyOnlineBookings or shared with others without notice to you. EzyOnlineBookings may take down any Submissions for any reason at any time without notice to you.
EzyOnlineBookings takes no responsibility for your Submissions. EzyOnlineBookings has no obligation to post your Submissions. In providing and posting Submissions, you will be solely liable for any resulting damages or harm.
If you do not agree to the terms relating to Submissions in this Section, do not provide us with any Submissions.
7. Account Cancellation and Suspension
You are responsible for properly cancelling your account in accordance with the applicable terms on the Platform. You are responsible for any Fees charged to your account until it is properly cancelled.
EzyOnlineBookings may without any notice or liability to you: (1) terminate or suspend your license to use any portion of the Platform; (2) change, suspend or discontinue any part of the Platform; or (3) impose limits on your use of the Platform.
8. Third-Party Sites & Services
The Platform contains links and provides integrations to third-party web sites and services (“Third-Party Sites”). Your use of Third-Party Sites and any content or service provided therein (“Third-Party Content”) is at your own risk.
EzyOnlineBookings makes no guarantee or warranty regarding Third-Party Content or Third-Party Sites, provides such links and integrations only as a convenience and accepts no responsibility for reviewing Third-Party Content or Third-Party Sites.
You agree to review the applicable terms and policies of any Third-Party Site and make all appropriate investigations before proceeding to or engaging with the Third-Party Site and Third-Party Content.
9. Professional Services
EzyOnlineBookings may make available to you “pay as you go support”, system configuration, platform customizations and other consulting and professional services not otherwise included as part of our Subscriptions (“Professional Services”). EzyOnlineBookings grants you a limited, revocable, non-exclusive, non-sublicensable license to use the deliverables provided as part of the Professional Services (the “Deliverables”). All other rights, title and interest in and to, the Professional Services and Deliverables are expressly reserved by EzyOnlineBookings. You will not re-sell, license or misrepresent Deliverables as your own.
Fees for Professional Services are not refundable unless otherwise specified by us in writing. We may require a non-refundable deposit or payment in full before beginning or completing any Professional Services and may delay, suspend or cease to provide Professional Services at any time without any liability to you.
We make no warranties, conditions or guarantees regarding the quality or delivery of Professional Services, their suitability for your intended uses.
10. Limitation of Liability
Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) will EzyOnlineBookings 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, EzyOnlineBookings will not be liable for any direct damages, costs, losses or liabilities in excess of the monthly service fee paid by you for the 12-month period preceding the time that the claim arose.
You and we agree that the limitations in this Section correctly allocate the risks between the parties, and you and we have relied on these limitations in determining whether to enter into these Terms and provide use of the Platform for the applicable Fees. The limitations in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
The platform are provided “AS IS” and “AS AVAILABLE”. Use of the platform is at your own risk. EzyOnlineBookings does not make any representations, warranties or conditions of any kind, including about the quality, accuracy, reliability, completeness, currency, or timeliness of the platform. The platform may include errors, omissions and inaccuracies, to the maximum extent permitted by applicable law. EzyOnlineBookings does not assume any responsibility for any errors, omissions or inaccuracies in the platform.
To the fullest extent permitted by applicable law, EzyOnlineBookings disclaims all warranties, representations and conditions of any kind with respect to the platform whether express, implied, statutory or collateral, including implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose and non-infringement, or any warranties or conditions arising out of course of dealing or usage of trade, or that the platform is or will be error free or will operate without interruption. EzyOnlineBookings makes no representation, condition or warranty that your use of the platform will comply with applicable laws, including privacy and anti spam laws.
You agree to defend, indemnify and hold harmless EzyOB from and against any liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind brought in connection with or as a result of:
- your breach of these Terms or any documents referenced herein;
- your violation of any applicable law (including any law, regulation or order related to privacy or anti-spam) or the rights of a third party (including privacy or intellectual property rights);
- your use of the Platform (including any electronic messages sent, caused or permitted to be sent by you);
- your breach of or failure to honor any Reservation; or (5) any misrepresentations made to a Customer by you.
12. General Terms
Amendment and Waiver: These Terms will not be deemed waived by us, or amended or modified by you, unless such waiver, amendment or modification is in writing and signed by EzyOnlineBookings. Our failure to enforce any of the provisions of these Terms will in no way be construed to be a waiver of such provisions, nor in any way affect the ability of EzyOnlineBookings to enforce such provision thereafter.
Modifications: EzyOnlineBookings may modify the Platform or these Terms at any time without notice to you. It is your responsibility to periodically review our Website for any changes and ensure that you understand and are in full compliance of these Terms. Your continued use of the Platform after any changes to these Terms indicates your acceptance of such changes.
Assignment: EzyOnlineBookings may assign, transfer or subcontract its rights and obligations under these Terms (including any services or deliverables provided pursuant to these Terms), in whole or in part, without restriction.
Severability: If any provision of these Terms is unenforceable or invalid for any reason whatever, such unenforceability or invalidity will not affect the enforceability or validity of the remaining provisions of these Terms and such provision will be severable from the remainder of these Terms.
English Language: It is the express wish of the parties that these Terms and all related documents be drawn up in English.
Entire Agreement: These Terms constitute the entire agreement between EzyOnlineBookings and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals between you and EzyOnlineBookings with respect to the Platform. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Term and Termination: These Terms will commence on the day you first use the Platform and will continue in force until terminated by either party (the “Term”). Either party may terminate these Terms as follows: (1) EzyOnlineBookings may terminate these Terms at any time and with immediate effect by giving notice to you, at EzyOnlineBookings discretion, at your current email address on file with EzyOnlineBookings or through the Platform; and (2) you may terminate these Terms at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Platform) that your user account be deleted and uninstalling and removing all local software components thereof.
Survival: All rights and obligations of you and us which expressly or by their nature survive termination of these Terms will continue in full force and effect subsequent to such termination until they are satisfied or otherwise expire.
13. Privacy & Data Protection
Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Protection Regulation (GDPR), EzyOnlineBookings collection and use of personal information of any European residents is also subject to our Data Processing Addendum.
14. Questions and Comments
If you have any questions regarding these Terms or your use of the Platform, please contact us at: