Terms and Conditions Agreement for using the GObookings® System

Terms and Conditions Agreement for using the GObookings® System

Last Revised 25th October 2011

Welcome to the User Agreement for GObookings. The use of this web site ("Site") and the GObookings online scheduling booking reservation systems including AppointmentDiary (“System”) and any affiliated Directory or Portal systems are offered conditionally upon your acceptance of the terms and conditions set out in this document, without modification (the "Terms and Conditions"). By entering the Site and using the System, you agree to and accept these Terms and Conditions. BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this Agreement, please discontinue your use.

Definitions

Agreement means this agreement

Hosted Licensed Software means the System

Intellectual Property Rights means the IP relating to the ownership of the System

Licensed Software means the GObookings online scheduling booking reservation systems including AppointmentDiary and any affiliated Directory or Portal systems (System)

Licensee means the entity provided with a License to use the GObookings online scheduling booking reservation systems including AppointmentDiary and any affiliated Directory or Portal systems (System)

Licensor means GObookings Systems Pty Ltd

Licensor’s Deliverables means the Licensed Software and all other Licensor’s deliverables and services

Rights means the Intellectual Property Rights relating to the ownership of the System

Site means this or affiliated Licensor web sites, the System or affiliated Directory or Portal web sites

Subscription Fees means the payments required to be made by the Licensee to the Licensor for use of the System.

System means this web site (Site) and the GObookings online scheduling booking reservation systems including AppointmentDiary and any affiliated Directory or Portal systems

Terms means the terms embodied within this Agreement

Term of the License means a License term of for example - monthly or one year

User means either the Licensee or persons or entities the Licensee may allow to access their System

We means the Licensor

You means the Licensee or persons or entities the Licensee may allow to access their System

1. Monthly Term

The term is monthly unless a GObookings Enterprise License Agreement Letter or Schedule is provided which outlines a different term.

2. Termination by You

Licensees with monthly licenses may cancel anytime without penalty by using the ‘cancel’ feature under options on your System, providing your Subscription Fees are up to date. To cancel you will need to bring your Subscription Fees up to date. Subscription Fees and charges are located in the subscription details section of your GObookings administration controls (“Subscription Fees or Account Summary”). Prior to cancelling you should export all data as all stored data will be deleted.

3. Copyright.

The Licensed Software or System is protected by international treaty provisions. The User acknowledges that no title to the intellectual property in the System is transferred to the User. The User further acknowledge that title and full ownership rights to the System will remain the exclusive property of the Licensor and the User will not acquire any rights to the System except as expressly set forth in this Agreement. The User agrees that any copies of the System will contain the same proprietary notices which appear on and in the System. The User may not remove or alter any copyright notices contained within the System. This clause shall survive the termination or expiration of this Agreement.

4. Trade Marks

Except where otherwise specified, any work or device to which is attached the ® symbol is a registered trade mark. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

(a) in or as the whole or part of your own trade marks;

(b) in connection with activities, products or services which are not ours;

(d) in a manner that disparages us or our information, products or services (including the Site).

5. Username Password Security and Access

Upon registration, you will be provided with a user name and password. You are responsible for protecting the confidentiality of your user name and password details. You must keep your user name and passwords in a safe place. For security reasons we cannot replace or provide you with the same user name again unless you or your designated liaison person first satisfy our recognition procedures. The services provided by GObookings are only available to individuals or entities who can make legally binding contracts. GObookings cannot grant access to the System to minors and/or those individuals under the age of 18 years or any other individuals or entities who are legally prohibited from entering into binding contracts.

6. Payments

For Users with a GObookings Enterprise License Agreement Letter or Schedule outlining payment procedures, payments can be made by other methods other than credit card, and details may not appear in the subscription details section of your GObookings administration controls (“Subscription Fees or Account Summary”) published on the System from time to time. Clauses - a) to d) are not applicable for Licensees with a GObookings Enterprise License Agreement Letter or Schedule outlining payment procedures.

a) For access to and use of the System, you agree to pay all fees and charges specified in our schedule of fees and charges located in the subscription details section of your GObookings administration controls (“Subscription Fees or Account Summary”) published on the Site from time to time.

b) The Licensor asks that you provide us with your credit card information for payment of Subscription fees, and all charges you incur for use of the System. The Licensor may take commercially reasonable actions to validate your credit card and collect all payments due.

c) You hereby authorize the Company to debit the Subscription Fees and other charges payable under this Agreement from your credit card automatically as required.

d) The Licensor reserves the right at its sole discretion and as it deems appropriate to add, alter or remove services it offers for monthly subscribers and to change the Subscription Fees upon not less than sixty (60) days notice. The Licensor will announce changes to the Subscription Fees and charges by posting them in the relevant section of the System. The Licensor may, at its discretion, supplement such a notice by sending you an email or by placing a message on your screen when you access the System or by sending you a letter. If you find any change to be unacceptable, you are free to terminate this agreement in accordance with these Terms and Conditions.

e) There is no refund on connection/establishment fees, agent portal charges and no refund on monthly subscriptions.

f) You agree to pay any legal or other fees and costs arising from any efforts the Licensor must make to collect past due amounts from you including legal fees on a full indemnity or solicitor and own client basis, whichever is the greater amount.

g) You acknowledge and agree that if the Licensor does not receive timely payment of all amounts due, your use of the System may be severely restricted or terminated at Licensors ' sole discretion.

h) You acknowledge and agree that if the Licensor registers what it considers to be exceptional server resource loads related to your account that the Licensor may require an increase in Subscription Fees for continued use of the System or, a closure of the account.

7. New features

Any updates or additions to the System made available for your use during your subscription will be provided to you at no additional cost. Any new features that are added to enhance the System, shall be subject to these Terms and Conditions.

8. User Obligations

In consideration of your use of the Site and the System, you agree:

(a) to act in good faith towards GObookings and other users;

(b) to comply with all laws and the requirements of any authority governing use of the Site or the System;

(c) and acknowledge that the Licensor is not responsible for any misrepresentations by other users and/or breaches of any contract or agreement that may be entered into between users who transact business via the Site and the System;

(d) and acknowledge that the Licensor does not endorse any of the goods or services that are in any way transacted through the System or the Site. The Licensor is not a principal or agent to any party using the Site or System;

(e) that any disputes between the GObookings Users must be addressed between those Users and you expressly agree not to hold the Licensor responsible in any way;

(f) and acknowledge that the Licensor does not control or check the content or links within a subscribers personalised System and takes no responsibility for the content, services, offerings, claims, products or links displayed; and

(g) for the account to remain open, within 1 month of creating a connection to the System, you must establish and retain at least one individual booking system at all times.

(h) to use only trademarks, names, logos or material that you are legally entitled to use.

9. Subcontract

The Licensor may subcontract the Licensor’s Deliverables and services to be performed under this Agreement. The Licensor however is in no way relieved from performing its Obligations under this Agreement. In addition, the Licensor will ensure that the subcontractor it appoints pursuant to this clause is aware of the provisions of this Agreement relevant to the part of the work to be performed by the subcontractor.

10. Termination by Licensee

Termination by GObookings

1 GObookings may without notice to you discontinue any or all aspects of the System or restrict your use of the System in whole or in part in any of the following circumstances:-

(a) you breach any term of this Agreement. In case of any violation of the Terms, GObookings reserves the right to seek all remedies available to it in law and in equity.;

(b) if the credit card number you provide GObookings expires, or if GObookings is unable to charge valid charges to that credit card number, or if you otherwise fail to make payments due to GObookings hereunder.

(c) if GObookings determines in its sole and exclusive judgment that terminating your use of the System is necessary for security reasons or for proper continued operation of the System;

(d) your use of the System is not for legitimate purposes, or your use of the System violates any laws or regulation;

(e) if GObookings receives information that the System or your use of the System (or any part thereof) may violate any third-party rights.

(f) if we determine at our unfettered discretion the System is open to security risk or criminal attack or malicious attack or does not comply with accepted security provisions your access to the System may be terminated immediately.

2 Upon termination of this Agreement, all rights granted to you shall terminate immediately. If GObookings terminates this Agreement or suspends your access to the System, you will remain liable for the full charge for the period during which we terminate or suspend your System. The Licensor reserves the right to delete any data files associated with your use of the System upon termination of this Agreement.

3 If you fail to pay your Subscription Fees when they become due and do not bring your account up to date after either a series of warning emails, browser messages or sent invoices we may terminate this agreement and your account automatically with loss of all stored information.

4. If at any time after the initial Term of the License the Licensor considers at their unfettered discretion that it can no longer provide the service based on the current pricing model paid by the Licensee. Should this situation arise the Licensee will be asked to renegotiate the pricing model to suit both the Licensor and Licensee. If an agreeable pricing model cannot be determined by both parties within 30 days then the Licensor has the right to cancel the agreement by providing 3 months notice.

11. Support
Support for one designated liaison person is available in the English language only. It is a requirement that your designated liaison person should be able to speak, read and write in English. Your designated liaison person will be shown how to use the system and reasonable ongoing support will be provided as required. Should the support required by the designated liaison person be deemed to be excessive by the Licensor then an additional charge may apply.

12. Licensed Software Title

As between the Licensee and the Licensor, the Licensor retains all Rights in the Licensed Software including all Intellectual Property Rights embodied within the Licensed Software subject only to the license Rights explicitly granted to the Licensee as set out in this Agreement. The parties acknowledge that the Licensor's Rights in the Licensed Software are themselves granted under license from a third party. System pages will be branded with a small ‘Powered by GObookings’ image linked to the GObookings web site. This Agreement does not transfer to the Licensee any ownership rights in the Licensed Software. The Licensee is only acquiring a right to use the Licensed Software for its own internal purposes subject to the provisions of this Agreement. The Licensee may request that the Licensor change or modify aspects of the Licensed Software or its functionality. The Licensor shall not be obliged to comply with any request and all work done shall be subject to the Licensor's standard development and modification terms and conditions as they exist from time to time. There will be a charge to the Licensee for this service. All developed software shall be owned by the Licensor. This clause shall survive the termination or expiration of this Agreement.

13. Privacy and Data Ownership

The Licensor acknowledges that the Licensee data entered into the system remains the property of the Licensee. The Licensor will treat the Licensee’s data as confidential and comply with the Licensor’s Privacy Statement displayed at http://www.info.gobookings.com/privacy.htm and/or from a link within the Licensed Software. The Licensor will not disclose the data to any person except where required by law or a valid direction of a government agency, in which case the Licensor will advise the Licensee of the order or direction and consult on the information to be disclosed prior to disclosure. The Licensee agrees to pay the Licensor’s reasonable costs of compliance on provision of receipts. This clause shall survive the termination or expiration of this Agreement.

14. Licensee Requirement

The Licensee and their Users shall be responsible for providing their own internal facilities (including if applicable, terminal, server, software, SQL database licenses, modem and telecommunications facilities) necessary for accessing the Licensed Software. The Licensor accepts no responsibility for any deficiency in the Licensee's or its Users' access facilities. The Licensee can view these Terms and Conditions of Use for Users of the licensed software at www.info.gobookings.com/terms.htm or as displayed on the Administration Menu and Individual System within the Licensed Software. This clause shall survive the termination or expiration of this Agreement.

15. System Availability

The Licensor shall wherever possible strive to reduce the time the Hosted Licensed Software is not available for access by the Licensee. The Hosted server minimum uptime target each month is 99.5% which is usually achieved and exceeded but cannot be guaranteed. A restriction exists to limit the number of Users concurrently able to access any one calendar. This is designed to safeguard server speed, availability and access for the Licensees Users.

16. Force Majeure

Except for failure to make payments when due, non-performance of either party shall be excused to the extent that performance is rendered impossible by events of force majeure including strike, fire, flood, earthquake, governmental acts, terrorist actions, war, orders or restrictions, or any other reason where failure to perform is beyond the reasonable control of the non performing party provided that such party shall make commercially reasonable efforts to circumvent such events of force majeure.

17. Specific Warnings

a) You must ensure that your access to the Site and the content of your GObookings system is not illegal or prohibited by laws which apply to you.

b) You must take your own precautions to ensure that the process which you employ for accessing the Site and the System does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system, software programs or files.

c) For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system, software programs or files which arises in connection with your use of the Site or any linked web site.

d) Whilst we have no reason to believe that any information contained on the Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on the Site.

e) We make no warranty that the System acquired from us will meet your requirements or will work with all systems operated by you.

f) Details contained on the Site relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on the Site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from the Site.

g) You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on the System. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

h) Sending unsolicited spam e-mails with a GObookings link attached may result in your account being terminated. You agree you will not use GObookings products on non-permission based e-mails or pop up Internet advertisements. We suggest you use a page on your own website as the ‘landing page’ for any such advertisements or e-mails. Users who breach these terms and conditions will be liable for costs and damages incurred by the Licensor resulting from their actions.

i) GObookings will hold data on current accounts for a period of 12 months or longer at our discretion and recommend you regularly export your data in case of data loss caused by system or hardware failure.

j) As required by law we will disclose information about you and your GObookings system when required to do so by federal, state or local law. If you are involved in a lawsuit or a dispute, we may disclose information about you in response to a court or administrative order. We may also disclose information about you and your GObookings system in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested. We may release information if asked to do so by a law enforcement official: In response to a court order, subpoena, warrant, summons or similar process; To identify or locate a suspect, fugitive, material witness, or missing person; About the victim of a crime if, under certain limited circumstances, we are unable to obtain the person's agreement; About a death we believe may be the result of criminal conduct; About criminal conduct; and In emergency circumstances to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime. We may release information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law. You will be liable for any costs incurred by GObookings or its agents or partners in providing this information, in addition to any other reasonable expenses incurred in the carrying out of such requests.

k) You will not use the GObookings system for any illegal activities which are not limited to and include terrorism activities.

l) Emails cannot be relied upon as a form of notification as they can be delayed, lost or stopped by ISP Spam filters which require confirmation before delivery etc. SMS text messages may also be unreliable from time to time depending on the carriers involved. If a such confirmation is important to your business then we recommend the SMS confirmation option should be used in conjunction with email.

m) To use the GObookings ecommerce option enabling the taking of a payment with a booking or reservation you will need to read, understand and accept the Terms and Conditions provided by the payment gateway provider or ecommerce third party and your bank and credit card merchant facility provider.

n) GObookings accepts no responsibility for any claim whatsoever that may arise resulting from the uploading or downloading of files which have been attached by you or a customer to a booking.

o) For users with a GObookings System attached to a Directory or Portal the additional terms of the Directory or Portal also apply.

p) Although best efforts are made at all times, GObookings cannot guarantee that the system or servers delivering the system will work perfectly at all times and subsequently errors or loss of service resulting from network, system or application problems, hardware replacement outages or maintenance outages may occur from time to time. On occasions in an emergency situation a restart of the server may be necessary without notice which may also cause loss of data. GObookings accepts no responsibility for any claim whatsoever that may arise resulting from these outages or loss of service events.

q) If the Multiple Bookings option is turned on for an Individual System then an agreed charge per booking may apply to bookings made with that system.

r) The Licensee must not breach Australian law, or the laws of the country in which the Licensee is operating the Software system. This clause specifically includes current Privacy Acts.

s) System features may be upgraded, improved, added or removed from time to time at GObookings discretion.

This clause shall survive the termination or expiration of this Agreement.

t) No data transmission over the internet can be guaranteed as totally reliable or secure. In an emergency situation a restart of the System server may be necessary without notice which may cause loss of data. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you or your customers transmit to us. Accordingly, although GObookings incorporates SSL encryption to protect data transmitted, any information which you or your customers transmit to us is transmitted at your / their own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

u) The Licensed Software and all other Licensor’s deliverables and services hereunder (collectively "the Licensor’s Deliverables") are provided on an "as is" basis. It is the Licensee's responsibility to verify the suitability of the Licensor’s Deliverables and also it's computer or network environment for the functionality of the Licensor’s Deliverables. The Licensor does not represent or warrant that any Licensor’s Deliverables will be free of defect, uninterrupted, accurate, complete, current, stable, bug-free, error-free or available at any time. It is the Licensee's responsibility to have adequate back-up procedures to protect it from data loss. Because third party providers of services such as networks, payment gateways, electronic transfer of fund/payment systems, data centres, security systems and firewall maintenance are involved in the delivery of the system the licensee agrees to release from liability the Licensor for any claim directly or indirectly related to, based upon, attributable to or in consequence of any fact or circumstance arising from, or caused by a breach in computer firewalls or security systems or failure of server hardware or the Licensed Software, the consequence of which may be (but not necessarily limited to) the following: Contamination by computer viruses and or the manipulation, destruction, contamination, or loss of any computer data, loss of business or for any loss, in consequence of an unauthorized person gaining access to or copying data from any computer system, database or memory.

18. Unlawful Acts

The Licensee shall at all times indemnify and hold harmless the Licensor and its officers, employees and agents ("those indemnified") from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by the Licensee breaching Australian law, or the laws of the country in which the Licensee is operating the Software system. This clause specifically includes current Privacy Acts. This Agreement shall be governed by and construed in accordance with the laws from time to time in force in the Jurisdiction and the parties agree to submit to the exclusive jurisdiction of the Courts of Queensland, Australia.

19. Termination for Breach

Despite anything else in this Agreement, this Agreement may be terminated by either Party being the Licensor or Licensee (or collectively - the Parties):

(a) by either Party giving the other Party written notice of termination if a Party breaches any material provision of this Agreement and fails to remedy the breach within fourteen (14) days after receipt of notice from the Party requiring its remedy; or

(b) if either Party is adjudicated as bankrupt by a court of competent jurisdiction, consents to the filing of a petition of bankruptcy against it, or

(d) if a court of competent jurisdiction appoints a receiver, administrator, liquidator or trustee in bankruptcy or other external administrator with respect to substantially either Party's's property or business: or

(e) either Party breaches any obligations detailed under under this agreement, which the Parties agree are essential terms of this agreement.

(f) owing to completion of the Term, if the Licensee does not exercise its option to renew this agreement in accordance with this agreement.

(g) if either Party breaches Australian law, or the laws of the country in which the Licensee is operating the Software system. This clause specifically includes current Privacy Acts.

20. Disclaimer

1) We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the System or the Site or any linked sites, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or access through the System or the Site.

2) To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

(a) if the breach relates to the System:

(i) the supply of the System again; or

(ii) the payment of the cost of having the System supplied again.

3 You also acknowledge and agreed to the specific disclaimers:

(a) You should not in any way rely on the information contained within this Site. You agree to make your own independent enquiries and obtain independent advice about the System and the Site and any sites linked to or from this Site.

(b) No advice or information, whether oral or written, obtained by you from or through the Site or the System shall create any warranty not expressly made herein.

(c) GObookings accepts no liability whatsoever arising from the information contained within the System or the Site, or a link site, being incorrect, incomplete or misleading.

(d) If you create a link to this Site, you do so at your own risk. GObookings has not agreed to any conduct connected with the linked site which may be unlawful, or an infringement of another party's rights.

(e) GObookings, to the extent permissible by law, makes no guarantees as to the currency, availability, completeness, accuracy or fitness for purpose of the information on the Site or System provided on the GObookings and note that a visitor relies on such information at their own risk.

(f) In no event shall GObookings be liable for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with the use of the Site or with the delay or inability to use the Site, or for any information, products and other services obtained through the Site, or otherwise arising out of the use of the Site, whether based under contract, negligence or other tort, strict liability or otherwise, even if GObookings has been advised of the possibility of such damage.

(g) GObookings makes no representations about the suitability of the information, products and Systems contained on the Site for any purpose. All such information, products and System are provided on an "as is" and "as available" basis without warranty of any kind. GObookings makes no warranty that the System will be uninterrupted, timely, secure or error free. GObookings does not make any warranty as to the results that may be obtained from the use of the System or the Site.

(h) Unless GObookings has agreed in writing, GObookings prohibits any activity which uses intellectual property owned by, or licensed to GObookings which may result in a Claim against GObookings or involve GObookings in any liability.

4 GObookings is not liable to

(a) any booking, booking, reservation or payment disputed by any person;

(b) any claims resulting from fraudulent use of System passwords or booking System and/or;

(d) any booking and/or payment obligation which was not fulfilled by you or another user. In no event will we be liable to you or any other person for any remote, indirect consequential special or incidental damages, including without limitation, damages resulting from loss of data, loss of profits or business interruption.

5 Without limiting any other provision of this Agreement, you acknowledge that;

(a) performance of the System is dependent on a number of factors outside our control including traffic and technical difficulties with the internet and servers and if in use the performance of the financial payments clearance system;

(b) the System is secure within certain technical boundaries which you have considered;

(c) GObookings has been designed for use with Microsoft Internet Explorer version 7 and above. Difficulties may occur with other browser systems and they are not supported;

(d) although all bookings are made in good faith they are still only a request to a particular user’s booking account and should be confirmed by a courtesy e-mail or phone call. There is no guarantee that a user will accept, be available for, or attend a booking, or follow through to complete a booking obligation for an item or person, and you agree that, without limitation, all liability which you or a third party may suffer due solely or in part as a result of one or more of these factors is your responsibility;

(e) to the extent that the System contains links to outside services and resources, the availability and content of which GObookings does not control, any concerns regarding and such service or resource, or link thereto, should be directed too the particular outside service or resource;

(f) loss of data can occur and we recommend you back up as regularly as required to ensure you do not lose valuable data.

21. Release

You hereby waive, release, forgive, discharge and relinquish any and all Claims that you now have or may have against the Licensor, its affiliates, its licensees, distributors, Portals, subsidiaries, Directories, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction arising directly or indirectly from your use of the Site.

22. Exception to Disclaimer

The disclaimer and release set out in these Terms and Conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

23. Indemnity

1. You hereby agree to indemnify, defend and hold GObookings , its affiliates, distributors, Portals, subsidiaries, Directories, parents, shareholders, directors, officers, employees, agents and representatives harmless from and against any and all Claims, loss, damage, tax including GST, liability and/or expense that may be incurred by GObookings , its affiliates, distributors, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions (except as caused by its gross negligence or wilful misconduct) including the legal costs, fees and expenses of defending itself against any Claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

2. The Licensee shall at all times indemnify and hold harmless the Licensor and its officers, employees and agents ("those indemnified") from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by:

(a) a breach by the Licensee of its obligations under this Agreement; or

(b) any wilful, unlawful or negligent act or omission of the Licensee.

(c) if the Licensee breaches Australian law, or the laws of the country in which the Licensee is operating the Software system. This clause specifically includes current Privacy Acts.

24. No refund

Termination of this Agreement for any reason other than as a result of a substantial breach by the Licensor will not entitle the Licensee to any refund for License Fees paid nor affect the Licensee's liability for any other fees or interest that are or become payable to the Licensor under this Agreement. This clause shall survive the termination or expiration of this Agreement.

25. Disclaimer of warranty.

No other warranties. This System is licensed to the User "as is", and without any warranty of any kind, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. The User assumes all risks when using it. The Licensor does not warrant that the System is error free. The Licensor does not warrant that the System does not infringe any rights of third parties. This clause shall survive the termination or expiration of this Agreement.

26. Limitation of liability.

No liability for consequential damages. In no event shall the Licensor or its suppliers be liable to the User for any consequential, special, incidental or indirect damages of any kind arising out of the delivery, performance or use of the System, even if the Licensor has been advised of the possibility of such damages. In no event will the Licensors liability for any claim, whether in contract, tort or any other theory of liability, exceed the Licensor’s license fee paid by the User, if any. This clause shall survive the termination or expiration of this Agreement.

27. Severability.

If any of these Terms and Conditions are held to be invalid unenforceable or illegal for any reason, the remaining Terms and Conditions shall nevertheless continue in full force.

28. Name and logo
We may use your business name and logo only on our web sites.

29. General

a) We accept no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable contract.

b) If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

30. TO RETURN TO THE SITE

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Changes or modifications to the Terms and Conditions of Use Agreement will be effective upon posting to the GObookings website. You will be able to tell when the Agreement has been updated by looking at the “Last Revised” date at the top of the Agreement. Your continued use of the GObookings services indicates your acceptance of the amended User Agreement.

By returning to the Site, you acknowledge that you have read, understand and accept the above Terms and Conditions.