BookME terms and conditions of use
Shortcuts Software is the world leader in salon and spa software. Specialising in software for the hair and beauty markets, Shortcuts has software in over 10,000 salons and spas worldwide.
Though we strive to provide an enjoyable and relaxed atmosphere for our clients, partners, affiliates and associates it is important that you read these terms and conditions carefully.
First and foremost, thank you for trying registering for BookME™. BookME™ is made available to you by Shortcuts Software. Shortcuts Software offices are at 166 Knapp Street, Spring Hill, Fortitude Valley QLD 4006; Dalton House, Dane Road, Sale, Cheshire M33 7AR; and 7777 Center Avenue, Suite 100, Huntington Beach, CA 92647.
This page contains the terms and conditions ("Terms and Conditions") for BookME™. By using BookME™ you agree to abide by these Terms and Conditions. BookME™ is only available to business users. If you are implementing BookME™ on behalf of a company, partnership or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms and Conditions. If you do not have this authority then please do not use this service.
Your business use only
BookME™ is licenced to your business for your business use only and must be used in compliance with all applicable laws, rules and regulations.
Shortcuts Software offer BookME™ on an "as is" basis. Through BookME™, Shortcuts Software provides the ability for your customers to book appointments through their internet browser. If you are asked to register with BookME™, you must provide complete and accurate identification, including relevant contact, and other information required as part of the registration process.
Furthermore, you agree to ensure customised content does not contain any inappropriate material or content as outlined below.
Shortcuts Software does not sanction and has no control over the customised content used in BookME™. Shortcuts Software assume no responsibility for supervising BookME™ for unsuitable content or conduct. The clients of Shortcuts Software are solely accountable for customised content configured in BookME™. Shortcuts Software may at any time delete any content that, in the sole judgment of Shortcuts Software, violates this agreement including content that may be offensive, illegal, harm or threaten or violate the rights of the safety of any person.
Shortcuts Software reserves the right to investigate and take suitable legal action against anybody who, at Shortcuts Softwares’ sole discretion, violates this provision, including without constraint to, removing the offending content and ceasing the membership of such violators.
Prohibited content includes, but is not limited to content that, in the sole discretion of Shortcuts Software is:
(a) promoting information that is false or misleading;
(b) offensive or criminal in nature, that promotes hatred, vulgarity, profanity, racism, bigotry, or physical harm of any kind against any group, individual, business or organisation;
(c) harassment or any defamation of any other person, business or organisation;
(d) containing an image of another entity without that person's prior written consent;
(e) exploitation of people in a sexual or violent manner or any contact containing nudity, or distasteful focus matter or contains a connection to an adult website providing products or services.
You as a client of Shortcuts Software may not:
(a) modify, copy, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or create derivative works from BookME™; or
(b) extract significant portions of Shortcuts Software’s files or promotional material for use in other applications.
If you wish to do any of these prohibited acts, please contact Shortcuts Software and state your purpose while requesting such permission. Prohibited activity when using BookME™ includes, but is not restricted to unlawful behaviour including: child pornography, fraud, trafficking in obscene material, promotion of drug dealing, promotion of gambling, harassment, stalking, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Shortcuts Software constantly strive to improve BookME™. Consequently from time to time we will release new features and update other features. Shortcuts Software reserve all rights in relation to such new releases and updates.
This information will be used by Shortcuts Software for purposes of operating and improving future products of Shortcuts Software and administration of your user account. In all cases information may be stored and processed in Australia, or any other country in which Shortcuts Software or their agents maintain offices or database backups.
You acknowledge that Shortcuts Software own all rights, titles and interests in and to BookME™, the marketing platform we provide and any software or content provided through or in conjunction with BookME™, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all patent rights, copyright, trade secrets, trade and service marks, design rights, rights in or relating to database management, database design, and database systems, rights in or relating to confidential information and any other intellectual property rights throughout the world, whether registered or unregistered and including applications for any such rights.
You agree to not remove, obscure, or alter BookME™ or Shortcuts Softwares’ copyright notice, trade marks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through BookME™.
If you have comments on BookME™ or ideas on how to improve it, please let us know. Please note that by doing so, you also grant Shortcuts Software permission to use and incorporate your ideas or comments into BookME™ or any future Shortcuts Software products or offerings without further compensation.
If you are a consumer, nothing in these Terms and Conditions shall affect your rights. To the fullest extent permitted by law, BookME™ is provided "as is". To the fullest extent permitted by law, Shortcuts Software disclaim all implied warranties, conditions and others terms including, without limitation, those regarding the security, reliability, timeliness, and performance of BookME™.
Limitation of liability
Nothing in these Terms and Conditions shall exclude or limit liability for:
(a) death or personal injury resulting from the negligence of either party or their servants, agents or employees;
(b) fraud or fraudulent misrepresentation;
(c) breach of any implied condition as to title or quiet enjoyment; or
(d) any liability which may not by law be excluded.
Subject to the first paragraph of this clause, neither party shall be liable under or in relation to these Terms and Conditions or their subject matter (whether such liability arises in tort (including negligence), beach of contract, misrepresentation or otherwise) for:
(a) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings);
(b) the cost of obtaining similar or substitute services from anyone;
(c) any loss of goodwill or reputation; or
(d) any special, indirect or consequential losses.
In each case, whether or not such losses were within the contemplation of the parties at the date of acceptance of these Terms and Conditions. Subject to the first paragraph of this clause, Shortcuts Software’s total liability under or in relation to these Terms and Conditions or their subject matter (whether such liability arises in tort (including negligence), beach of contract, misrepresentation or otherwise) shall not exceed one month's licence fee.
Subject to the first paragraph of this clause:
(a) under no circumstances shall Shortcuts Software be liable to any user on account of that user's misuse of BookME™; and
(b) neither party shall be liable for any matter which is outside that party’s reasonable control.
These Terms and Conditions will be governed by and construed in accordance with the laws of Queensland, Australia and you, Shortcuts Software hereby submit to the exclusive jurisdiction of the Australian courts in respect of any dispute or matter arising out of or connected with these Terms and Conditions.
Notwithstanding the preceding sentence, nothing in these Terms and Conditions shall restrict or limit Shortcuts Software seeking injunctive or similar relief in any jurisdiction. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
Shortcuts Software may assign its rights and/or obligations under these Terms and Conditions (in whole or in part), at any time, without your consent.
These Terms and Conditions and the “24 ON” subscription and service level agreement constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Shortcuts Software.
These terms and conditions are valid as of 23 April 2009.