Terms and Conditions
1. Acceptance of Terms
1.2. Please read these Terms of Service (the “Terms of Service”, “Terms” or “Agreement”) carefully as they govern your use of the mobile and internet-based services and business tools offered by Bookhint (the "Company," "Bookhint,” “we”, “us” or “our”). This Terms will be effective from the time a user registers on the Service until cancellation of their account.
1.3. User’s attention is drawn in particular to the following:
1.3.1. Clause 3.8; and
1.3.2. Clause 4.
1.4. We appreciate your using our service which includes the use of:
1.4.1. the website www.bookhint.com (the “Website”),
1.4.2. any Bookhint-branded mobile apps/software we make available,
1.4.3. any pages we operate on third party social media applications;
1.4.4. the content and services we make available through them via the internet or mobile devices (including smart phones and tablets); and
1.4.5. the provision by us of associated information, products and services by e-mail or your mobile device.
1.4.6. Such services, applications and the Website are collectively referred to as the “Service”.
1.5. The Bookhint Services are designed to provide:
1.5.1. Consumers with access to service related information, a transparent comparison of service providers and their offers and the possibility to schedule appointments online with them;
1.5.2. Service Providers with an online clients acquisition channel, i.e. service providers can register with bookhint and can share their availability with consumers, so they can make an appointment with them online via the bookhint appointments scheduling tool.
1.5.3. Service Providers with a bookhint account via which they can:
126.96.36.199. Manage their locations, resources, availability, offers, appointments and clients information, known as CRM features;
188.8.131.52. Edit the locations promotional pages on bookhint, known as CMS features;
184.108.40.206. Create campaign lists, known as Campaign features.
1.7. If you enter any prize competitions or other promotions on the Services, separate terms and conditions may also apply in addition to these Terms and Policies. In the event of a conflict between any additional terms and conditions and these Terms and Policies, such additional terms shall prevail to the extent of the conflict.
1.8. All users, must accept these Terms in order to use the Services. Use of the Services constitutes acceptance of and agreement to all of the terms and conditions in these Terms of Service. If a user objects to anything in these Terms they are not permitted to use the Services.
1.9. You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
1.10. We may vary these Terms of Service from time to time and shall post such alterations on the Website. If you do not agree to the changes made to these Terms then you have the right to stop using Services, and should do so immediately. Your continued use of the Bookhint Services after the date the changes have been posted on the Website will constitute acceptance of the amended Terms.
1.11. All rights to the Website and the content on it (except for Service Provider Content) and all other Intellectual Property Rights belonging to or licensed to Bookhint remain vested in Bookhint at all times. Nothing in this Agreement shall give any User any rights in respect of any such Intellectual Property Rights or of the associated goodwill.
1.12. The unenforceability of any part of this Agreement will not affect the enforceability of any other part.
1.13. No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
2. Definition of Terms
2.1. In addition to terms defined elsewhere in this Agreement, the following terms will have the meaning ascribed below:
2.1.1. “Consumer” or “Customer” means any person who is seeking Services by means of the Bookhint Platform, and/or who is purchasing or receiving the provider services.
2.1.2. "Service Provider" or "Provider" means an individual or organisation who is in the business of providing, and supplying to customers Services by means of the Bookhint Services.
2.1.3. “Provider Content” means any information, documentation, equipment, software or other material (which may include the Service Provider's name, logo and any other brand features and Intellectual Property Rights) which may be published on the Service(s) pursuant to this Agreement.
2.1.4. “Intellectual Property Rights” means all intellectual property rights on a worldwide basis whether currently in existence or otherwise and whether vested or contingent including (without limitation) copyright (including foreign language translation rights), design rights, database rights, rights in any domain names, registered designs, patents, trade-marks, trade names and all similar rights whether registered or otherwise (including, without limitation, all extensions, reversions, revivals and renewals thereof). The above shall include, in relation to registrable rights, any applications made or rights to make applications in respect of any such rights.
2.1.5. “Parties” means Bookhint, the Service Provider and the Consumer.
2.1.6. “Payment Provider” means the Company providing financial/operational services is responsible for the management and the control of payments made within the Bookhint Platform. The user is aware that Bookhint has no direct contact with the securities transactions performed by this means of payment, and all values and commission distribution must be performed exclusively by this means of payment.
2.1.7. “Registration Data” has the meaning as set out in clause 7.1.
2.1.8. “User” means individually, when in the singular, or jointly, when in the plural, the Consumer and the Provider.
2.1.9. “Bookhint”: Means the Company, contracted by users through the Bookhint Platform in order to ease, optimise and maintain the service contraction by a provider and a consumer, as well as locate consumers wishing to receive any kind of services by a provider.
2.1.10. “Bookhint Platform” or “Platform” means any and all systems used by Bookhint in order to enable a contractual relationship between a provider and a consumer, being, but not limited to, the Services including the website www.bookhint.com and the application (“App”).
2.1.11. “Bookhint Services” means all services, application and functionalities made available by Bookhint to a Provider either on the Platform or in any other form, such as Widgets, Software and other;
2.1.12. “Promotional campaigns” means a series of advertisements and promotions that share the same message and ideas to promote Bookhint and its providers to a target audience.
2.1.13. “Software” means the Bookhint web-based connection and provider management software running through a web browser which connects Provider´s IT infrastructure to the Platform and Bookhint’s IT infrastructure and to which the provider is granted access through its login data;
2.1.14. “Widget” means a widget which may be provided as one of the Bookhint Services for the Provider to embed in their website, which allows Bookings to be made.
2.1.15. “Fee” means the fee payable by the provider to Bookhint
2.2. Unless the context otherwise requires:
2.2.1. each gender includes the others;
2.2.2. the singular includes the plural and vice versa;
2.2.3. references to this Agreement include its Schedule;
2.2.4. references to persons include individuals, unincorporated bodies, government entities, companies and corporations;
2.2.5. Clause headings do not affect their interpretation;
2.2.6. references to ‘writing’ or ‘written’ include email or communication by means of the facilities in the Service;
2.2.7. general words are not limited by example; and
2.2.8. references to legislation include any modification or re-enactment thereof.
3. Services Terms
3.1. Through the website we provide an online platform through which all types of service providers can advertise their services for reservation, and through which visitors (“Consumers”, “you”) to the website can make such reservations after registration. By making a reservation through bookhint.com, you enter into a direct (legally binding) contractual relationship with the Service Provider at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the Service Provider, transmitting the details of your reservation to the relevant Service Provider and sending you a confirmation email for and on behalf of the Service Provider. The reservation is valid from the point of its booking online and independent from any confirmation send. The booked Service appointment can be rescheduled to another time online and without any charges up to a cancelation term predefined by the provider.
3.2. When rendering our Services, the information that we disclose is based on the information provided by the Service Provider on their company website or directly to us. Upon request, the Service Providers are given access to our system through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each service provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any service made available.
3.3. Our services are made available for personal and noncommercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
3.4. Bookhint will offer providers, at the time of registration and/or on the introduction of new Services, package options including additional services, aside from the main services specified in clause 1.5. Bookhint offers providers:
3.4.1. the development of a provider profile on the Bookhint Platform;
3.4.2. the display of images of provider’s previous work;
3.4.3. the automatic issue of scheduling reminders;
3.4.4. the dissemination of recommendations of the consumers;
3.4.5. the offering of scheduling tools;
3.4.6. the production of scheduling reports;
3.4.7. photographic services; and
3.4.8. the making of promotional campaigns in order to increase the provider’s visibility for as long as it is fair and transparent for the consumer and the other Bookhint providers.
3.5. The provider is aware that the above services are dependent on the package purchased by the provider and that the price will vary according to each package. The provider therefore acknowledges that he will only receive a particular service corresponding to the package chosen.
3.6. Notwithstanding, Bookhint may, at any given moment and upon prior written notice:
3.6.1. alter the title and the service package scope; and/or
3.6.2. alter the service package prices.
With respect for the purposes of this clause 4.2, unless otherwise stated, 10 days’ notice of the alterations will be given from the date of the notice to the providers. On expiry of the notice period, Bookhint may make the alterations, irrespective of express acceptance of the provider. However, in the event a provider does not agree with the amendments proposed by Bookhint, they must submit a request for cancellation of their Bookhint account, by sending an email to firstname.lastname@example.org. This is without any additional charge (not including amounts owed to Bookhint by provider as at the time of cancellation.
3.7. Services rendered by Bookhint do not, in any event, cover:
3.7.1. in regards to both providers and consumers, a promise of employment;
3.7.2. in regards to providers, liability to provide providers to consumers, when desired;
3.7.3. in regard to consumers, any warranty in respect of the services provided by any provider.
3.8. Users agree that Bookhint’s Services are limited to that of an intermediary. Services are not bought or sold by or from Bookhint. They are bought by consumers from providers and sold by providers to consumers. Bookhint is not liable to any user for the acts or omissions of any other user.
4. Customer Terms
4.1. Use of the Platform
By using the Platform, the Customer agrees:
4.1.1. A contractual relationship exists with Bookhint for the sole purpose using the Platform for which Bookhint does not receive any consideration from the Customer and which is governed by these General Terms and Conditions for the use of the Platform and of the Services provided (the “T&C's”) and the Privacy and Cookies Policy; and
4.1.2. A contractual relationship exists with the relevant Provider for the provision of the Services booked by the Customer through the Platform. The Customer agrees that Bookhint is expressly not a party to that contract whose specific content may vary from Provider to Provider and, in cases where the terms differ from these T&C's, the Provider is obligated to notify the Customer at the time of the booking either on the relevant Provider's page on the Platform or by a link to the Provider´s terms and conditions published on Provider´s website.
4.1.3. These T&C's do not govern the relationship between Bookhint and the Provider.
4.1.4. The use of the Platform is regulated by these T&C's and the "Privacy & Cookies Policy". Bookhint may change its T&C's from time to time, in which case the new up to date version will be available on the Platform. The Customer will be required to review the T&C's on the Platform before concluding every transaction/booking. By continuing use of the Platform, the Customer explicitly agrees to any amendment to the T&C's.
4.1.5. These T&C's shall also apply in case the Platform is provided through one or more mobile applications or widget/plugin directly on Provider´s website.
4.2. Access to the platform
4.2.1. Access to the Platform is available when the Platform is online. Bookhint has the right to put the Platform offline due to any reason it may deem appropriate or amend its content and services without notice. Bookhint will not be liable if, for any reason, the Platform or any part of it will not be available at any time or for any period.
4.2.2. In order to access the Platform the Customer shall have installed on his device one of the following operating systems and the following software: operating system with updated antivirus software and an updated browser (we recommend Chrome and Firefox). The Customer should also ensure that his device/s has/have the necessary protection systems against data stealing or abusive IT system intrusion.
4.2.3. The Customer is solely responsible for any access to the Platform made by third parties with his/her credentials.
4.3. Misuse of the platform
4.3.1. All the data provided by the Customer on the Platform is true, complete and accurate. The Customer undertakes to keep such information updated at all time and is solely responsible for any loss that arises out of a misrepresentation.
4.3.2. The Customer will be held personally responsible for any misuse of the Platform, in particular Bookhint may pursue a civil or criminal action in case the Customer: (i) knowingly introduce viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material, programme or code which adversely affects the operation of any computer software or hardware (or is designed to do so) or the Platform; (ii) gain or attempt to gain unauthorised access to the server on which the Platform is stored or any server, computer or database connected to the Platform; (iii) attack the Platform via a denial-of-service attack or a distributed denial-of service attack; and (iv) use the Platform for any reason that is contrary to law or public policy.
4.3.3. All the data provided by the Customer on the Platform is true, complete and accurate. The Customer undertakes to keep such information updated at all time and is solely responsible for any loss that arises out of a misrepresentation.
4.3.4. The Customer will be held personally responsible for any misuse of the Platform, in particular Bookhint may pursue a civil or criminal action in case the Customer: (i) knowingly introduce viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material, programme or code which adversely affects the operation of any computer software or hardware (or is designed to do so) or the Platform; (ii) gain or attempt to gain unauthorised access to the server on which the Platform is stored or any server, computer or database connected to the Platform; (iii) attack the Platform via a denial-of-service attack or a distributed denial-of service attack; and (iv) use the Platform for any reason that is contrary to law or public policy.
4.4. Registration and customer generated content
4.4.1. When registering for use of the Services, the user agrees to provide true, accurate, current and complete information as prompted by the Service’s registration process and as requested from time to time by Bookhint (such information, "Registration Data"). The user further agrees that, in providing such Registration Data, the user will not knowingly omit or misrepresent any material facts or information and that the user will promptly enter corrected or updated Registration Data via the Services, or otherwise advise us promptly in writing of any changes or updates to the Registration Data. The user consents and authorises Bookhint to verify the Registration Data as required for the use of and access to the Services.
4.4.2. Users are allowed to, through the Bookhint Platform, link to third-party application accounts, such as Facebook, Twitter and Instagram, either on creation of the user’s account or at future authorisation and/or upgrade. The user permits Bookhint to make publications in third-party applications for means of advertisement, without violation of the terms and conditions of these third-party application accounts. Bookhint will not make publications in third-party applications where there is the requirement to pay any fees, or user itself restricts the use of such publication.
4.4.3. By granting Bookhint access to third-party accounts, the user acknowledges that:
220.127.116.11. Bookhint may access, deliver and store (if applicable) any content that the user has provided and stored in his third-party account, so that it is available through his account, including and without limitation to any friends lists; and
18.104.22.168. Bookhint may present and receive additional information in its third-party accounts.
4.4.4. The user acknowledges that Bookhint maintains an absolute discretion to reject a user’s registration after the submission of the requested documentation. Reasons for such rejections include, but are not limited to, instances where the documentation is invalid, incomplete or ineffective.
4.4.5. The user account/profile of every user is personal to that user and not transferable. Bookhint reserves the right to delete an account without any justification and prevent further use of the Services by blocking access to the Bookhint Platform and to other users’ profiles. Blocked users are not allowed to create new profiles or accounts. users have no proprietary rights with regard to the user profile or account created on the Bookhint Platform.
4.4.6. Prior to registration Bookhint will request, where applicable:
22.214.171.124. personal and provider documentation from the provider in order to register him and may, at any time, request additional documentation that may be necessary; and
126.96.36.199. user documentation, including but not limited to, company registration number, identity card number and proof of address, as well as bank details.
4.4.7. Bookhint reserves the right to use any information reasonably necessary for the verification of the identity of the users in order to optimise the Platform activities, and user consents to such use of such information.
4.4.8. During the registration, the user provides an email and password. Once the user registration has been accepted, the user can use his email and password to access the Services.
4.4.9. Bookhint will not be liable for any damage that may result in the dissemination of the user’S password to third parties. The user will be entirely and solely held liable for this.
4.4.10. The user authorises Bookhint to use his personal data in order to enable the contact between the PARTIES.
4.4.11. Bookhint reserves the right to withhold personal information that is necessary for security or the maintenance of Bookhint reputation.
4.4.12. The user acknowledges that any recipient of a user’s personal information may disclose confidential information in confidence to a provider adviser of the recipient or if it is required to do so by law, regulation or order of a competent authority.
4.4.13. The user agrees that the internet is not 100% safe or free of intrusions, and hereby acknowledges that Bookhint shall not be responsible for information theft through illicit means.
4.4.14. Bookhint reserves the right to disable, temporarily or permanently, the user and/or their advertisements which are untruthful, defamatory, abusive, offensive, critical of Bookhint, or that violate any legal provision in force.
4.4.15. Bookhint may suspend, delete and/or block user registration as a result of complaints, internal assessments or non-payment of the service fee.
4.4.16. The user acknowledges that if their account is blocked, Bookhint, as an intermediary between users, is obliged to notify such blocking to any other user in contact with or requesting contact with the user. Only the status of the account and not the reason behind being blocked will be shared.
4.4.17. Bookhint has an internal policy for the evaluation of its users, with a team focused on complaints from other users and assures the users that, except as requested by law, no personal information will be disclosed from those who complain and, therefore, Bookhint is not obligated to justify to the blocked user about his inactivity when founded on complaint, except as requested by law.
4.4.18. With users who request cancellation of their registration or who were blocked due to violation to these Terms of Service, information relating to their account will be retained and stored by Bookhint in accordance with applicable laws.
4.4.19. The user is granted the right to request, at any time, his account cancellation. To do so, a user must provide Bookhint with a written notification sent via email/Website to email@example.com stating his full name and registration details with a request to cancel his account.
4.5. Customer generated content
4.5.1. The Customer can create (receive) his own account on the Platform through his login data which will give him access to further features, content and special promotions on the Platform. In order to activate the account, the Customer shall choose such option on the Platform either at signing-up or in a later moment and will have click on a link in an e-mail he will receive by the system (opt-in mechanism).
4.5.2. The Customer can, at any time delete his account by sending an e-mail to customer support (firstname.lastname@example.org). Bookhint will make its best effort to deactivate the account in a timely manner.
4.5.3. All content submitted to or uploaded on the Platform by a Customer through his account, including without limitation, personal data, contact details, usernames, pseudonyms, text, comments, reviews, images, and all other information must be true, complete, correct and shall not offend any third party´s right, including the rights of the Providers and shall not in any way be considered against public policy or public morale or the applicable laws in Singapore.
4.5.4. The Customer agrees that Bookhint may, in its sole discretion, amend or delete any content, before or after publication or refuse the publication. In particular the Customer warrants, represents and undertakes to Bookhint that his Customer Generated Content (including its use, publication and/or exploitation by Bookhint) shall not: (i) infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity; (ii) contain any material which is defamatory of any person; (iii) contain misleading or deceptive statements or omissions or misrepresentation as to Customer´s identity (for example, by impersonating another person) or his affiliation with any person or entity; (iv) breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence; (v) advocate, promote, or assist discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (vi) violate any other applicable law, statute, ordinance, rule or regulation.
4.5.5. Should the Customer Generated Content not be compliant with the applicable law or the above set rules, and as a result of this, should Bookhint suffer a loss or damage, the Customer shall be held liable and the Customer agrees to indemnify Bookhint for all such loss or damage.
4.5.6. Should the Customer Generated Content have criminal implications, Bookhint reserve the right to pass it on to the relevant authorities and to disclose the Customer´s identity to any third party (including their provider advisor) who claims that any of the Customer Generated Content constitutes a violation of any of their rights.
4.5.7. Apart from personal data which are protected according to the law and to the Privacy and Cookies Policy, any other customer generated content submitted to the Platform will be considered non-confidential and non-proprietary.
4.5.8. All Customer Generated Content posted on the Platform will be linked to the Customer username provided at the time of registration.
4.5.9. Consumers can post, at no cost on the Bookhint Platform, reviews concerning the Services provided by a provider ("Reviews").
188.8.131.52. Reviews must:
a) Be based on concrete facts;
b) Be fair and objective;
c) Not contain any type of content that might be considered as defamatory, offensive, abusive, infringing intellectual property rights or illegal.
184.108.40.206. Reviews that violate the conditions set out in clause 10.1.1 will not be published or will be deleted without prior notice to the user. Reviews are personal opinions of users and do not represent the opinion of Bookhint. Bookhint reserves the right to investigate Reviews and take relevant appropriate measures.
220.127.116.11. By submitting a Review on Bookhint, the user licences to Bookhint the rights to use this text without any time or geographical limitation. Bookhint reserves the right to edit and publish, or not, the Reviews submitted. In addition, Bookhint can license these Reviews to other parties.
18.104.22.168. Any attempt by a consumer or provider to provide self-recommendation is prohibited, as is any other attempt to try to distort Reviews for that user’s own gain or that of others.
4.5.10. It is prohibited to put on the Bookhint Platform any type of advertising material regarding services or goods without the written consent of Bookhint.
5. Booking Terms
5.1. Booking Policy
5.1.1. A consumer can book through the Bookhint Platform up to 2 (two) hours before the Service is to be provided.
5.1.2. If a user does not attend a Service booked through the Bookhint Platform and paid online, they will be charged. However, Bookhint reserves the right to assess and disclose this information concerning the user, allowing Bookhint to cancel the registration of the user at any time.
5.1.3. The provider is responsible for informing Bookhint if a consumer does not attend by means of the Bookhint Platform. In the event that Bookhint discovers any type of fraud in the use of this process, the provider will be charged for the services wrongfully cancelled.
5.1.4. The provider shall meet its obligations to the consumer to provide a right to cancel in accordance with the Consumer Contracts (Information, Cancellation, Cancellation and Additional Charges) Regulations 2013.
5.1.5. The provider is obliged to meet the reservations made by the consumer, in the exact terms indicated on the Bookhint Platform, in periods when the provider is declared free on the Bookhint Platform, without giving priority to any other type of schedule received by other means and / or prioritise the fixed consumers hall, to arriving at the first location, among others.
5.1.6. Bookhint shall not be held liable where:
22.214.171.124. the provider has already filled the time that the consumer desires;
126.96.36.199. the provider has already scheduled directly with the consumer;
188.8.131.52. the provider has declared he is free on a specific day and time on Platform, but is actually busy and this has not updated the Bookhint Platform. In the latter case, the provider agrees to give preference to the Bookhint consumers, over other service customers.
5.1.7. Bookhint will not be held liable for the maintenance of the providers schedule. The provider acknowledges that he must maintain his schedule as shown on the Bookhint platform.
5.1.8. In compliance to GDPR and as part of the Services, Bookhint offers to providers the possibility to send emails, SMS messages and application-push messages to consumers, for various reasons, including reminders of upcoming bookings.
5.1.9. By accepting clause 5.1.6, the consumer accepts to receive these messages and the provider acknowledges that they are obliged to adhere to its consumer’s preferences expressed to provider regarding these notifications.
5.2.1. Consumer can pay either online or at the provider
5.2.2. Provider will pay a commission
5.2.3. Provider will pay a bill for Cash On Delivery (“COD”) payments and we will retain Online Payment (“OP”).
5.2.4. Payment info are confidential
5.3. Booking amendments or cancellations
5.3.1. If a Customer needs or wishes to change or cancel the booking (time/date) after he has received the confirmation email, he may change or cancel the booking directly on the Platform. In case the Provider is already booked at the new time/date wished, the Customer shall contact directly the relevant Provider, and may decide to make a new appointment and cancel the previous booking. Should a Customer be unable to contact a Provider, please contact Bookhint customer care at email@example.com
5.3.2. Should a booking be amended or simply cancelled, either on request of the Customer or on request of the Provider, the Provider will notify Bookhint and will update its agenda on the Platform immediately.
5.3.3. If the Customer cancels a Booking at least 24 hours or at the pre-defined by the provider cancelation term, if that is more than 24 hours, before the applicable appointment, he can reschedule the appointment or in case it should not be possible, the price will not be charged on his credit/debit card.
5.3.4. In case the Customer cancels a Booking later than 24 hours or later than the pre-defined by the provider cancelation term, if that is more than 24 hours, before the applicable appointment, the applicable price will be charged on his credit/debit card.
5.3.5. In case the Customer does not notify the relevant Provider with the cancellation and simply does not show up to the appointment he will not be refund of the already paid amounts.
5.3.6. In case of urgent cancellation by the Provider, the latter may use the Customer’s contact details that Bookhint has the right to provide him with, according to the Privacy and Cookies Policy.
5.4. Price, payment and invoicing
5.4.1. The prices for the Services are displayed on the Provider’s personal page on the Platform and may vary from time to time upon exclusive decision of the Provider.
5.4.2. The Platform contains details of a number of Services and it is possible that, despite Bookhint’s best efforts, some of the prices and other information shown by the Provider on the Platform for certain Services are incorrect/not updated.
5.4.3. Unless the Customer has opted for "Pay at Venue", the payment for the Services shall be confirmed at the time of the booking by credit or debit card, using the online payment facility ("Payment Facility") provided by the Platform. The Payment Facility will reserve on the credit/debit card account of the Customer the due price, which will be eventually paid at the time of the performance of the Services, when the relevant Provider issues the relevant invoice. The Customer shall be responsible for protecting his own confidential data which give him access to the Platform such as user ID and any password or other security information used by the Customer to access his account. Any currency conversion costs or other charges incurred in making a payment will be borne by the Customer.
5.4.4. Bookhint takes reasonable care to ensure that its Payment Facility is available and functioning at all times, but cannot guarantee continuous and uninterrupted access to such Payment Facility. Bookhint also try to ensure that Customer’s payments are processed promptly, but it is often difficult to predict the amount of time needed to complete processing because it is dependent upon many factors outside of Bookhint´s control, such as delays in the banking system or in card networks. Access to the Payment Facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Bookhint will attempt to provide reasonable notice of any scheduled interruptions to such Payment Facility and will use its best effort to restore the facility as soon as reasonably possible.
5.4.5. For the bookings it is possible for the Customers to opt for a payment at Provider´s premises ("Pay at Venue"). According to this option the Customer can make a booking on the Platform but eventually pay for it directly to the Provider at the time of the appointment. Please note that this way of payment is available only if the Provider and/or the Customer are eligible. Eligibility mainly depends on the fulfilment of the respective obligations according to these T&C's and to the Provider agreement (only for a Provider). In any case this option will appear on the Platform at the time of the Booking.Please note that the way of payment does not change the other content of the contractual relationship with the Provider also with respect to the cancellation policies.
5.5.1. In case a Customer is not satisfied with the Services provided by the Provider, he shall directly make his claims to the relevant Provider.
5.5.2. In order to improve or keep a high quality Provider´s Services, Customers can also leave their review on the relevant page of the Platform. Such review cannot however be offensive, misrepresentative or false.
5.5.3. The Customer may also contact Bookhint’s customer support and Bookhint will try to find a solution with the Provider. However, ultimately, the Provider is the only and sole responsible for the performance of the Services.
6. Provider Terms
6.1. To enable the use of the Bookhint Services, it is necessary for the Provider to register at http://.bookhint.com/ or contact us at firstname.lastname@example.org. Upon registration, the Provider shall provide Bookhint with the required data. After the successful registration of the provider by providing the required data, Bookhint will enable the provider to use the Platform and the related Bookhint Services. Bookhint will provide the Provider with login data, which will allow him to get access to the Platform. In order to sign the Agreement, the Provider has to tick a „confirmation“ box during the first login; upon signature the Agreement will become effective (Effective Date).
6.2. Bookhint solely provides a platform to connect providers and consumers and serves only as a intermediate to facilitate the provision of Services. Bookhint does not provide or contract for the supply or purchase of Services. Providers and consumers negotiate and contract independently for the provision of Services. Each Consumer is solely responsible for selecting the provider, the Services to be provided and the location at which these services will be performed. Any decision by a consumer to receive Services or by a Provider to provide Services is a decision made in such user’s sole discretion.
6.3. The provider acknowledges that the Services provided by Bookhint have a cost, already agreed and accepted by provider at the time of registration on the Bookhint website. Bookhint reserves the right to alter the figures charged. The provider acknowledges that is an alteration of the sums charged by Bookhint to the provider in respect of the Services are necessary they will be informed via email. 10 days’ notice of the alterations will be given from the date of the notice to the providerS. On expiry of the notice period, Bookhint may make the alterations, irrespective of express acceptance of the provider. However, in the event a provider does not agree with the amendments proposed by Bookhint, they must submit a request for cancellation of their Bookhint account, by sending an email to [email]. This is without any additional charge (not including amounts owed to Bookhint as at the time of cancellation).
6.4. The consumer acknowledges they have to pay for what they have booked through Bookhint and that the price on the platform is the final amount charged. We are not responsible for any other services not included in the booking.
6.5. Bookhint, in agreement with its providers, can offer special promotions on specific services. Please note that all the services booked with a special promotion on Bookhint can be booked only once per consumer.
6.6. Through the Bookhint Platform, the provider must provide, among other things:
6.6.1. their availability;
6.6.2. how they receive consumers (if they makes house calls and/or in a provider/parlour);
6.6.3. the location where they want to provide the services and/or the address of the provider/parlour;
6.6.4. personal data for verification of personal information;
6.6.5. a personal photograph;
6.6.6. a description of Services offer provided,
6.6.7. price of services offer;
6.6.8. photographs of previous services that the provider has completed. The Photographs provided should be representative of the services the provider provides;
6.6.9. acceptance of online payment; and
6.6.10. bank information for receipt of prepaid services.
6.7. Through the Bookhint Platform, the consumer may chose, through options previously made available by Bookhint, the following:
6.7.1. the desired Service;
6.7.2. the region where he would like to receive the service; and
6.7.3. the provider and their available date and time.
6.8. Bookhint is not liable for making available all types of services available by the provider as well as all the possible hours.
6.9. To enable the use of the Bookhint provider management software, the Provider must comply by:
6.9.1. Bookhint Fees
184.108.40.206. Bookhint reserves the right to modify, add or remove functions of its services at any time.
220.127.116.11. Fees for all paid plans are subject to change upon a 30 day notice, including but not limited to monthly and yearly plan.
6.9.2. Bookhint payments, downgrading and upgrading
18.104.22.168. A valid credit card must be provided for paying subscriptions. Your credit card/bank statement will show “Bookhint Subscription” as the description of your transaction.
22.214.171.124. The Subscription is billed in advance on a monthly, bi-monthly or yearly basis and is non-refundable.
126.96.36.199. Downgrading your plan might result in the loss of features and/or campaigns and accessibility to your account. Bookhint does not accept any liability for such loss.
6.9.3. Trial period
6.9.4. Subscription plan limitations
188.8.131.52. Bookhint Basic is strictly limited to the use of the basic features.
184.108.40.206. The Staff Management is limited to 3.
220.127.116.11 The number of emails included is unlimited.
18.104.22.168. Bookhint Premium benefits from additional features that Bookhint reserves the right to modify.
22.214.171.124. The Staff Management is limited to 3.
126.96.36.199 The number of email included is strictly limited to 200 per month.
6.9.6. Termination of subscription
188.8.131.52. The service may be cancelled at any time by both parties. The effectiveness of cancellation will not occur until the end of the thirtieth day after the completion of your cancellation process.
184.108.40.206. To cancel your subscription, please contact your representative. All cancellation request requires live telephone and/or live communication confirmation. No cancellation will be processed until cancellation confirmation has been given.
220.127.116.11. The termination of your contract means the deactivation of your account, and the cessation of all the rights granted by this present agreement.
18.104.22.168. Bookhint does not provide guarantee that your content can be recovered once your account has been cancelled. Any loss or damage following a cancellation is to your entire responsibility.
7.1. Limitation of liability
7.1.1. In case of death or personal injury caused by negligence, fraud or fraudulent misrepresentation Bookhint will hold no liability in accordance with Terms set forth in this agreement and permissible within the extent of the law.
7.1.2. If you are dissatisfied with the Bookhint Services, or the terms of the Terms, your only remedy under the Terms shall be to discontinue use of the Services. Without limiting this clause 7.1.2. we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
7.1.3. Other than as set out in the two paragraphs immediately above, we shall not be liable in contract, tort (including negligence), for breach of statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with the Terms.
7.1.4. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOOKHINT OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PROVIDERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF SALES OR BUSINESS, LOSS OF PROFITS, LOSS OF AGREEMENTS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF OR DAMAGE TO GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER ECONOMIC LOSS (EVEN WHERE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE), RESULTING FROM:
22.214.171.124. THE USE OR THE INABILITY TO USE THE SERVICES;
126.96.36.199. PROVIDER'S SERVICES FACILITATED BY THE SERVICES PROVIDED BY BOOKHINT OR ANY INTERACTIONS BETWEEN USERS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USERS (INCLUDING WITHOUT LIMITATION TO USERS STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE OR DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY USERS;
188.8.131.52. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
184.108.40.206. ANY UNAUTHORISED ACCESS TO OR ALTERATION OF THE SERVICES OR THE user DATA OR TRANSMISSIONS; OR
220.127.116.11. ANY OTHER MATTER RELATING TO THE SERVICES.
7.1.5. In the event that any limitation or exclusion of liability in the Terms is not enforceable, then Bookhint shall not be liable to a user for more than € 200 in aggregate in respect of matters arising out of any individual contract for provider Services that was facilitated via the Bookhint Platform.
7.1.6. Each of the provisions of this clause 5 shall be construed separately and independently of the others.
7.1.7. This clause shall survive the termination or expiry of these Terms.
7.2.1. The user agrees to defend, indemnify and hold harmless Bookhint and its affiliates, officers, directors, employees, agents, providers and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to legal fees) arising from or relating to:
18.104.22.168. the user use of and access to the Services;
22.214.171.124. Services facilitated by the Services or any interaction between the user and another user;
126.96.36.199. the user violation of any term of these Terms of Service;\
188.8.131.52. the user violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or
184.108.40.206. any third- party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services. This defence and indemnification obligations will survive the termination of this Agreement and the use of the Services.
7.3. Intellectual Property
7.3.1. Subject to these Terms and solely for the purposes of receiving the Bookhint Services, Bookhint hereby grants each user a limited, revocable, non-exclusive, non-transferable license to display the logos, trademarks or other intellectual property of Bookhint solely for personal, non-commercial use in connection with the use of the Services, promotion of Services offered via the Bookhint Platform or other uses expressly permitted by Bookhint in writing. Notwithstanding such permitted uses and license, the user acknowledges that all derivative designs and artwork, which use the Company’s logo or any other Company Intellectual Property Rights, are the sole property of Bookhint. No other rights are granted to users with respect to the Company’s Intellectual Property Rights other than those rights granted explicitly in these Terms, including with respect to any derivative works.
7.3.2. users are clearly prohibited from, distributing, modifying, and exhibiting any work derived by any form from the use of the content of this Platform or by the materials conveyed on it.
7.3.3. We are constantly working on ways of improving Bookhint. We cannot do so efficiently if we have to avoid ground covered by user contributions; it may be that we are already working on an area for improvement or development suggested by a user. By submitting ideas, suggestions, documents, and/or proposals (referred to here as “Feedback”) to Bookhint, you agree that it does not contain confidential information or intellectual property rights and that Bookhint is not under any obligation of confidentiality, express or implied, with respect to the Feedback. Bookhint shall be entitled to use or disclose such Feedback in any part of the world for any purpose, in any way, in any media. You agree that you are not entitled to any compensation or payment of any kind from Bookhint under any circumstances in respect of any Feedback.
7.3.4. It is forbidden to use any automated system or software to extract, scrape, spider, resell, copy, reproduce or modify any data from the Bookhint Platform without the express consent of Bookhint seen that such practices do not find legal support in the current legislation.
7.3.5. You also hereby grant Bookhint a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such user content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such content on the Bookhint Platform and will terminate at the time such Content is removed from the Services by you or by Bookhint.
7.4.2. However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate providers, licensees, agents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Services as made available on our website, (iii) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (iv) any (personal) injury, death, property damage, or other damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Service Provider.
7.5. Third party transactions and third party websites
7.5.1. Bookhint uses the third-party payment platform Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your Bookhint account. By using Bookhint and its Services and agreeing to the Terms, you agree to be bound by Stripe’s Terms of Service.
7.5.2. You understand that payment processing services for the Provider on Bookhint are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a Provider on Bookhint, the Provider agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Bookhint enabling payment processing services through Stripe, the Provider agrees to provide Bookhint accurate and complete information about himself and his business, and authorizes Bookhint to share it and transaction information related to the use of the payment processing services provided by Stripe.
7.5.3. Payment processing services are being offered at the sole discretion of Stripe. Bookhint does not warrant that these in general or specific payment options will always be available for the Provider’s or Customer’s use. The Provider agrees however to take every reasonable effort to comply with Stripe’s terms and help to make online payments available to the Customers.
7.5.4. Bookhint may also deactivate offline payments for certain Customers that did not show up for an appointment before. In case the payment should be made on the Platform, Stripe will accept such payment in the name and on behalf of the Provider and will forward it to the Provider after having deducted Bookhint’s fee under the terms and conditions set out in article 8.
7.5.5. You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or your Bookhint account, and you expressly agree to provide the legal document required to comply with Stripe Connected Account.
7.6. Applicable law and Jurisdiction
7.6.1. By choosing to use the Bookhint Platform, users acknowledge that the Terms shall be subject to the laws of Singapore and the parties shall submit to the exclusive jurisdiction of the Singaporean courts.
7.6.2. We will make reasonable efforts to keep the Bookhint Services available at all times, except for:
220.127.116.11. planned downtime (of which we will endeavour to provide at least 8 hours prior notice); or
18.104.22.168. any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems or Internet service provider failures or delays.
7.6.3. We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. The user acknowledges that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Bookhint shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. Bookhint has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services. Access to our Services is permitted on a temporary basis.
7.6.4. Bookhint is not responsible for the quality of the internet connection required to have the Services working on a smartphone, computer, tablet or other electronic device.
7.6.5. Bookhint is not responsible for any user content and whilst Bookhint will use all reasonable methods to remove inappropriate content in a reasonable time frame Bookhint is not responsible for any delay in doing so.
7.6.6. Whilst Bookhint will take all the appropriate technical and organisational measures to prevent against unauthorised or unlawful processing of personal data and against accidental loss, destruction of or damage to personal data, we cannot warrant that the Services will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code.
22.214.171.124. Additionally, Bookhint will not be held liable for any harm that might stem from the violation of these measures by third parties that use public networks or the internet, circumventing mechanisms to restrict access to user information. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.
7.6.7. Concerning the security and privacy of data registered on the Services, Bookhint states that the password and all the data that the users enter on the Platform are fully protected by encryption technology. Nevertheless, Bookhint recommends that the User never disclose their Bookhint Platform password to anyone. The user is fully responsible for the confidentiality and use of their password and identity.
7.6.8. Bookhint will not be liable for any damage or loss of user equipment caused by failures in the Bookhint Platform or its suppliers systems, server or caused by third party conduct.
8. Changes to our terms
9.1. All comments, questions, complaints and/or requests relating to the Bookhint Services, Bookhint Website and/or this T&C’s are welcome and should be addressed to Bookhint. You can also contact us at email@example.com.