Terms and Conditions

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    1. Introduction

    These Terms and Conditions (the "Terms") govern your use of Bookingo, a management SaaS platform provided by Bookingo, powered by Illumine Technology Inc. ("Bookingo"). By accessing or using our services, you agree to these Terms. Please read them carefully. If you do not agree to these Terms, please do not use the platform.

    These Terms are governed by our Privacy Policy, Payment Policy, and any other referenced policies.

    2. Definitions

    1. Bookingo: Refers to Bookingo, powered by Illumine Technology Inc., a company registered under the laws of USA.
    2. User: Refers to any individual or entity accessing or using the platform.
    3. Service: Refers to the management software offered by Bookingo.
    4. Platform: Refers to the web, mobile, or desktop applications provided by Bookingo.
    5. Account: Refers to the user account created on the platform.
    6. Authorized User: Refers to any person who is permitted to use the Application by the User.

    3. Service Access and Use

    3.1 Access to Service

    Upon registration, Bookingo grants the User a non-exclusive, non-transferable, and revocable license to use the platform, subject to these Terms and Conditions. Access to the platform is contingent upon compliance with these Terms. Failure to comply may result in restricted access or termination of the account.

    3.2 User Account

    The User is responsible for:

    1. Providing accurate, up-to-date, and complete information during the registration process.
    2. Ensuring the confidentiality of login credentials (username, password), and taking reasonable steps to prevent unauthorized access to their account.
    3. All activities performed under their account, whether by authorized or unauthorized users.

    The User shall ensure that access credentials are not shared with any unauthorized individuals. Bookingo reserves the right to restrict or terminate access to users who violate these Terms or misuse the platform.

    3.3 Service Modifications

    Bookingo reserves the right to modify, update, or discontinue the platform or any part of it, with or without notice, at any time. The User agrees that Bookingo will not be liable for any modification, suspension, or discontinuation of the platform.

    4. User's Right to Use

    4.1 License Grant

    Bookingo grants the User a time-limited, non-exclusive, and non-transferable right to use the Application and receive the Services as specified in the Agreement. The license does not grant ownership, and the User may only utilize the Application for internal business operations as specified by Bookingo.

    4.2 Access and Usage

    1. Each Authorized User will receive access to the Application through a unique user ID and password. This access can be used on multiple devices with the same credentials, provided it remains secure and confidential.
    2. Only Authorized Users are permitted to use the Application. No other individual may be assigned user credentials without prior written consent from Bookingo.
    3. The User agrees to provide Bookingo with accurate, up-to-date data and information regarding Authorized Users to facilitate proper account setup.

    4.3 User Restrictions

    Without Bookingo's prior written consent, the User shall not:

    1. Sell, rent, sublicense, lease, lend, distribute, reproduce, or allow any third-party use of the Application.
    2. Use, transmit, or store any illegal, harmful, or inappropriate material within the Application.
    3. Violate any applicable local or international laws while using the Services or Application.
    4. Interfere with or disrupt the integrity, security, or performance of the Application and Services.
    5. Reverse engineer, decompile, or disassemble any part of the Application or platform.
    6. Copy, modify, duplicate, create derivative works, frame, mirror, republish, download, display, transmit, or distribute any portion of the Software or Documentation.
    7. Use the Services or Documentation to build or support a competing product or service.
    8. License, sell, rent, transfer, assign, distribute, display, disclose, or commercially exploit the Services.
    9. Attempt to obtain, or assist third parties in obtaining, unauthorized access to the Services or Documentation.

    4.4 User's Obligations

    The User shall:

    1. Provide Bookingo within a reasonable time with the necessary data for setting up and maintaining the platform.
    2. Designate a Single Point of Contact (SPOC) who will act as a coordinator between Bookingo and the User's team.
    3. Provide all required assistance and resources to Bookingo's representatives to fulfill the services under this Agreement.
    4. Ensure compliance with all applicable laws and regulations in connection with the use of the Services.
    5. Be solely responsible for maintaining the network, system configurations, and telecommunications links necessary for accessing the platform.

    5. Subscription, Fees, and Payment

    5.1 Subscription Charges

    Bookingo shall provide Services to the User as per the package pricing shared in the quotation with the User. Each package offers different levels of service, and by subscribing, the User agrees to pay the applicable subscription charges.

    5.2 Payment Terms

    Payments for the subscription charges are to be made in advance. Bookingo shall issue an invoice to the User either electronically or in hard copy, yearly in advance as per the agreed subscription pricing. The User shall have 7 (seven) days from the receipt of the invoice to raise any objections. The undisputed invoice shall become due and payable within 15 (fifteen) days from the date of its issuance.

    5.3 Taxes

    All payments due to Bookingo under this Agreement are subject to any applicable withholding taxes as per the prevailing tax laws.

    5.4 Late Payments

    If Bookingo does not receive payment within 15 (fifteen) days after the due date, Bookingo reserves the right to disable the User's password, account, and access to all or part of the Services. Any amounts not paid when due will be subject to interest at the lesser rate of 1.5% per month or the highest rate permitted by applicable law.

    5.5 Payment in USD

    All amounts and fees stated or referred to in this Agreement shall be payable in USD and are non-cancellable and non-refundable, except as provided by the Refund Policy.

    6. Payment Gateway

    Bookingo uses third-party payment gateway solutions that are fully PCI DSS compliant. Bookingo does not store any users' card or bank information in its database. All payment transactions are processed securely by trusted third-party payment gateways.

    Users are advised to review the terms and conditions, as well as the privacy policies, of the respective payment gateway providers. Bookingo disclaims any liability arising from the use of these third-party services.

    7. Data Privacy and Security

    7.1 Data Processing

    Bookingo collects and processes personal data in compliance with the General Data Protection Regulation (GDPR), SOC 2 Type II standards, and other applicable data protection laws. Data is encrypted both in transit and at rest using AES-256 and TLS standards to ensure maximum security.

    Bookingo assures that it will not use or access any data except as explicitly permitted by this Agreement and the Data Processing Agreement (DPA).

    7.2 Confidentiality

    All information exchanged between the User and Bookingo shall be treated as confidential and will not be disclosed to any third party unless required by law or essential for service provision.

    7.3 Third-Party Data Processing

    Bookingo employs third-party service providers (sub-processors) such as Google Cloud and Stripe for data storage and payment processing. By using the platform, the User consents to their data being transferred to these third-party providers, which comply with applicable data protection regulations.

    8. Intellectual Property and Confidentiality

    8.1 Ownership

    All content, software, designs, and technology used or provided on the platform remain the sole property of Bookingo or its licensors. Bookingo retains all intellectual property rights and ownership of the platform. This Agreement does not transfer any intellectual property rights to the User.

    8.2 License Restrictions

    The User is granted a limited, non-exclusive, non-transferable, revocable license to use the platform solely for internal business purposes. The User agrees not to:

    1. Resell, sublicense, or transfer the services.
    2. Reverse engineer, modify, or exploit any part of the platform beyond the scope of the provided license.

    8.3 User's Data Ownership

    The User retains ownership, copyright, and all other rights over data and information provided by the User. Upon termination of the Agreement, Bookingo will provide the User with all data covered by the Agreement. The User will have 30 days from the date of termination to extract data from the platform.

    9. Confidentiality

    Each Party agrees to safeguard the other Party's Confidential Information from unauthorized use, access, or disclosure using a degree of care no less than that which it uses to protect its own Confidential Information.

    Upon the expiration or termination of this Agreement, each Party shall promptly return or destroy all Confidential Information in its possession.

    10. Representations and Warranties

    1. Authority and Obligations: Bookingo represents and warrants that it has full authority to enter into and perform this Agreement.
    2. Intellectual Property: Bookingo warrants that the Services, Application, and deliverables will not infringe any third-party intellectual property rights.
    3. Licenses and Permissions: Bookingo warrants that it has and will maintain all necessary licenses, consents, and permissions required to perform its obligations.
    4. Service Performance: Bookingo undertakes that the Services will be performed with reasonable skill and care.
    5. Service Availability: Bookingo does not warrant uninterrupted availability of the software but will provide support to maintain its availability.

    11. Limitation of Liability

    11.1 General Liability

    The User expressly agrees that Bookingo, its affiliates, officers, directors, employees, or agents shall under no circumstances be liable for any loss, injury, damage, or claim incurred by the User or any third party arising from or in connection with any transaction or interaction under this Agreement.

    11.2 User's Responsibility

    The User acknowledges and agrees that it is solely responsible for any claims, damages, and allegations arising from its own acts or omissions under this Agreement.

    11.3 Exclusion of Certain Damages

    Under no circumstances shall Bookingo be liable for any loss of profits, revenue, business, data, or for any direct, indirect, incidental, consequential, punitive, special, or exemplary damages arising out of or related to this Agreement.

    11.4 Disclaimer of Warranties

    The Services and Application are provided on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied.

    11.5 Maximum Aggregate Liability

    The maximum aggregate liability of Bookingo to the User for any claims arising out of or related to this Agreement shall not exceed the total amount paid by the User to Bookingo in the six (6) months immediately preceding the event giving rise to the claim.

    12. Tenure and Termination

    12.1 Tenure

    This Agreement shall commence on the effective date specified in the Order Form and shall remain in effect for the period specified. Upon expiration, this Agreement will automatically renew for successive renewal terms unless either party provides written notice of non-renewal at least sixty (60) days prior.

    12.2 Termination for Cause

    Either party may terminate this Agreement upon sixty (60) days' written notice if the other party defaults in the performance of any material obligations and fails to cure such default within sixty (60) days after receiving written notice.

    12.3 Effect of Termination

    Upon termination or expiration of this Agreement:

    1. All rights and licenses granted to the User will immediately terminate.
    2. The User's access to the platform, services, and any data stored on the platform will be revoked.
    3. Bookingo will provide the User access to its data for a period of thirty (30) days following the termination date.

    13. Security Audits

    Bookingo shall conduct regular security audits on its technical and organizational measures to ensure the protection of User data. The results of these audits will be made available to the User upon request.

    14. Use of Subprocessors

    Bookingo may engage sub processors to process personal data, provided that such sub processors adhere to the same data protection obligations. Bookingo shall notify the User of any new subprocessors, providing a reasonable period for the User to raise objections.

    15. Transfer of Personal Data to Third Countries

    In cases where Bookingo transfers personal data to sub processors in third countries, such transfers shall comply with all applicable laws and regulations, including the GDPR.

    16. Indemnification

    The User agrees to indemnify, defend, and hold harmless Bookingo from and against any and all claims, damages, losses, liabilities, and expenses resulting from:

    1. The User's breach of this Agreement.
    2. Intellectual property rights (IPR) infringement resulting from the User's use of the Services.
    3. Any willful misconduct, misrepresentation, or other negligent actions by the User or its agents.
    4. Any loss of business opportunities suffered by Bookingo due to the User's breach or willful misconduct.

    17. Governing Law and Dispute Resolution

    This Agreement and all matters arising from it shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of laws principles. The parties agree to submit to the exclusive jurisdiction of the courts located in Delaware, USA for the resolution of any disputes.

    18. Post Termination Responsibility

    Upon termination or expiration of this Agreement:

    1. All rights granted to the User shall immediately cease.
    2. Each party shall return and cease using any equipment, property, documentation, or other items belonging to the other party.
    3. Bookingo may destroy or otherwise dispose of any Customer Data in its possession unless it receives a written request within ten (10) days following the termination date.
    4. The User shall settle all undisputed outstanding invoices payable to Bookingo.

    19. Force Majeure

    Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to events beyond its reasonable control ('Force Majeure Events'). Such events may include acts of God, natural disasters, pandemics, war, labor disputes, or government actions.

    20. Compliance

    Both parties agree to comply with all applicable laws and regulations in the performance of their respective obligations under this Agreement.

    21. Assignment

    Neither party may assign or subcontract its rights or obligations under this Agreement without the prior written consent of the other party, except in the case of a merger, acquisition, or sale of all or substantially all of a party's assets.

    22. Notices

    All notices, requests, or other communications under this Agreement must be in writing and delivered by registered post, courier, or email. Notices will be deemed served seven (7) days after sending. Contact: support@mybookingo.com

    23. Non-Exclusive Agreement

    This Agreement is non-exclusive. The User acknowledges that Bookingo may engage in similar business relationships with other parties.

    24. Publicity

    Bookingo may disclose that it is providing services to the User, including using the User's name, logo, and trademarks in promotional materials, press releases, and on its website, provided such use is in good faith.

    25. Entire Agreement

    This Agreement, together with any annexures or documents referred to herein, constitutes the entire agreement between the parties and supersedes all prior agreements or understandings.

    26. Amendments

    Any modification, amendment, or waiver of any provision of this Agreement must be in writing and signed by an authorized representative of both parties.

    27. No Waiver

    No failure or delay by either party in exercising any right or remedy under this Agreement shall operate as a waiver of that right or remedy.

    28. No Partnership or Agency

    Nothing in this Agreement is intended to create a partnership or joint venture between the parties, nor authorize either party to act as an agent for the other party.

    29. Severability

    If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remainder of the Agreement shall remain in effect.

    30. Changes to Terms

    Bookingo reserves the right to update or modify these Terms at any time. Changes will be effective immediately upon posting, and continued use of the platform constitutes acceptance of the updated Terms.

    User Support

    Bookingo will provide a dedicated Helpdesk offering support on working days between the hours of 8:00 and 20:00 by phone and email. Bookingo will endeavor to answer any support queries within 4 hours during business hours, but no longer than within 36 working hours of the request.

    Email: support@mybookingo.com