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Terms and Conditions of Use
Welcome to Quick-BookWiz, an online scheduling, booking and management software designed especially for small to medium sized businesses and clubs. These Terms and Conditions of use are intended to explain our obligations as a service provider and Your obligations as a customer. Please read them carefully.
The following terms and conditions are binding on any use of the Service and apply to You from the time that Quick-BookWiz provides You with access to the Service.
The service Quick-BookWiz provides will evolve over time based on user feedback. These terms and conditions are not intended to answer every question or address every issue raised by the use of Quick-BookWiz. Quick-BookWiz reserves the right to change and updated these terms and conditions at any time, effective upon the posting of modified terms on the Quick-BookWiz Website. Quick-BookWiz will also make every effort to communicate these changes to You via email. It is likely the terms of use will change over time. It is your obligation to regularly update yourself as to the most recent terms and conditions available on the Website.
By registering to use Quick-BookWiz as a Master User you acknowledge that You have read and understood these terms and conditions and have the authority to act on behalf of any person / entity for whom You are using Quick-BookWiz. You are deemed to have agreed to these terms and conditions on behalf of any entity for whom you use Quick-BookWiz. It is the sole responsibility of You as Master User to grant access and enforce compliance of these terms and conditions for all additional Users.
You must only use Quick-BookWiz software and Website for your own lawful internal business purposes, in accordance with the latest version of these terms and conditions posted on the Website and any notice sent by Quick-BookWiz.
Definitions:
· "Agreement" - means these Terms and Conditions of Use.
· "Access Fee" - means the monthly fee (excluding any taxes and duties) payable by You for access to the Quick-BookWiz Service in accordance with the fee schedule set out on the Website (which Quick-BookWiz may change from time to time on notice to You).
· "Client or You" - means the registered users of the Quick-BookWiz Service and includes any assignee or successor; director, officer, owner, employee, contractor, agent, or representative of the Client that may use the Service. "Your" has a corresponding meaning.
· "Confidential Information" - means all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service of storing and processing your data but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
· "Data" - means any data provided by the Client or directly inputted by You or with Your authority into the Website
· "Initial Fee" - means the initial Access Fee payable in advance plus the fee payable for initial set up (if any) of the Clients personalized Quick-BookWiz software application by Quick-BookWiz or by an agent of Quick-BookWiz.
· "Intellectual Property Right" - means any patent, trade mark, service mark, copyright, source codes, domain names, moral right, right in a design and concepts, know-how and any other intellectual or industrial property rights, anywhere in the world in any format whether or not registered.
· "Master User" - means the person initially signing up for the Service and who has been granted the right to add further Users thus creating multiple access points to Quick-BookWiz up to the maximum allocated access points to the Service. This person represents also the authorised person for all dealings with Quick-BookWiz.
· "Quick-BookWiz" - means all current and future authorised supplier of the Service in the Client's country or region. Quick-BookWiz is the trading and product name and is a subsidiary of Swiss Enterprises Ltd registered in New Zealand.
· "Service" - means the online scheduling, booking and management program made available (as may be changed, customised or updated from time to time by Quick-BookWiz) via the Website and the storage of the data.
· "Website" - means the Internet site at the domain www.quickbookwiz.com or any other site operated by Quick-BookWiz.
1. Use of Software
1.1. In consideration of the fees payable by the Client Quick-BookWiz grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive (although no other unauthorised person will have access to Your personal data), non-transferable, and limited by and subject to this Agreement.
1.2. The right to use the Quick-BookWiz Service shall commence on completion of registration by the Client or the date of receipt by Quick-BookWiz of the Initial Fee (whichever is later) and shall continue unless cancelled by either party as set out in this Agreement.
2. Your Obligations
2.1. Payment obligations:
2.1.1. The Access Fee is due monthly in advance on the 15th of the preceding month. For example, payment for Service for the month of February must be made on 15 January, and payment for March must be made on 15 February. The Access Fee will be charged to your Credit Card unless another payment option has been agreed to by Quick-BookWiz if used outside New Zealand. New Zealand users will be invoiced and payment by bank deposit is due on receipt of the invoice. Quick-BookWiz will continue charging you monthly until this Agreement is terminated in accordance with clause 7.
2.1.2. Upon subscribing you must pay the Initial Fee which includes one whole month and the apportioned amount for the current month plus any additional set-up costs (if any). A receipt/invoice will be issued for Services rendered after payment has been received. You are responsible for payment of all taxes and duties in addition to the Access Fee.
2.1.3. All Quick-BookWiz invoices will be sent to the Master User, or to a Billing Contact whose details are provided by You, by email.
2.1.4. You must pay or arrange payment of all the Access Fees and other charges (if any) by the due date. In the case of the Credit Card being declined the Master User will be contacted by e-mail and at this point the account is overdue. If any overdue account is not settled in full by the end of the month, access to Quick-BookWiz Service will be suspended as of the 1st of the following month until full payment has been received. It is your responsibility to keep Quick-BookWiz updated with the correct credit card details.
2.2 Access conditions:
2.2.1. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Quick-BookWiz of any unauthorised use of Your passwords or any other breach of security and reset Your password. Further You must take all other actions that Quick-BookWiz reasonably deems necessary to maintain or enhance the security of Quick-BookWiz computing systems and networks and Your access to the Services.
2.2.2. As a condition of these Terms and Conditions, when accessing and using the Services, You must not:
2.2.2.1. Attempt to undermine the security or integrity of Quick-BookWiz's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks;
2.2.2.2. Use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or impair the ability of any other user to use the Services or Website;
2.2.2.3. Attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
2.2.2.4. Transmit, or input into the Quick-BookWiz Website, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
2.2.2.5. Modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the Quick-BookWiz software or the Website except as is strictly necessary to use either of them for normal operation.
2.3. Usage Limitations:
Use of the Service may be subject to limitations, including but not limited to the number of access points, the volume of data transfer for each internet access point to the Quick-BookWiz Service, and the size of data stored. Any such limitations will specified within the Service.
2.4. Communication Conditions:
2.4.1. If You use any communication tools available through the Website (such as any forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes.
2.4.2. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to):
2.4.2.1. Offers of goods or services for sale;
2.4.2.2. Unsolicited commercial e-mail;
2.4.2.3. Files that may damage any other person's computing devices or software;
2.4.2.4. Content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
2.4.2.5. Any other use or activity that is not consistent with your legitimate and proper use of the Quick-BookWiz Service or that could cause any harm, loss, damage or offence to Quick-BookWiz or any other person
2.4.3. By making any communication on or through the Website, you warrant that you own the content of the communication. Quick-BookWiz is under no obligation to ensure that the communications on or through the Website comply with these requirements and shall have no liability to any person for your use of the Website or communications not placed by Quick-BookWiz
2.4.4. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website.
2.4.5. Quick-BookWiz does reserve the right to remove any communication at any time in its sole discretion.
3. Confidentiality and Privacy
3.1. Confidentiality:
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
3.1.1. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms and Conditions. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms and Conditions.
3.1.2. Each party's obligations under this clause will survive termination of these Terms and Conditions.
3.1.3. The provisions of clauses 3.1.1 and 3.1.2 shall not apply to any information which:
3.1.3.1. is or becomes public knowledge other than by a breach of this clause;
3.1.3.2. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
3.1.3.3. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
3.1.3.4. is independently developed without access to the Confidential Information.
3.2. Privacy:
Quick-BookWiz maintains a Privacy and Security Policy that sets out the parties' rights and obligations in respect of Client Data. You should read that policy at www.quickbookwiz.com/privacy and You will be taken to have accepted that policy when You accept these Terms and Conditions.
4. Intellectual Property
4.1. General:
4.1.1. Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services and all improvements by any person shall remain the absolute property of Quick-BookWiz.
4.1.2. No changes, improvements or modifications to any part of the Quick-BookWiz Services may be made without specific consent of Quick-BookWiz including development of any new or complementary module or function that uses / is based on the Quick-BookWiz software to be effective. Such improvements shall be deemed part of the Quick-BookWiz Intellectual Property and owned by Quick-BookWiz.
4.2. Ownership of Data:
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the Quick-BookWiz Access Fee when due. You grant Quick-BookWiz a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
4.3. Backup of Data:
The Client must maintain backup copies of all Client Data inputted into the Quick-BookWiz Service. As part of its service, Quick-BookWiz will forward a copy of the Database on a regular basis to the Master User by e-mail for this purpose. In the case that the Database is too large to be sent by e-mail a remainder is sent to the Master User requesting You to download a copy from the Server. The Client is solely responsible for maintaining and updating Client Data in the Quick-BookWiz Service and for checking accuracy and completeness of its Client Data. Quick-BookWiz adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Quick-BookWiz expressly excludes liability for any loss of / damage to Data no matter how caused.
4.4. Third-party applications and your Data.
If You enable third-party applications for use in conjunction with the Services, You acknowledge that Quick-BookWiz may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. Quick-BookWiz shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
5. Warranties And Acknowledgements
5.1. Authority:
You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
5.2 Acknowledgement:
You acknowledge that:
5.2.1. You are authorised to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).
5.2.2. Quick-BookWiz has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself you agree that:
5.2.2.1. You are responsible for ensuring that You have the right to do so;
5.2.2.2. You are responsible for authorising any person who is given access to information or Data, and you agree that Quick-BookWiz has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and
5.2.2.3. You will indemnify Quick-BookWiz against any claims or loss relating to:
1. Quick-BookWiz's refusal to provide any person access to Your information or Data in accordance with these Terms,
2. Quick-BookWiz's making available information or Data to any person with Your authorisation.
5.2.3. The provision of, access to, and use of, the Services is on an "as is" basis and at Your own risk.
5.2.4. It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
5.2.5. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).
5.3. Limited Performance Warranty:
Quick-BookWiz shall take reasonable care to ensure that the Quick-BookWiz services are of normal commercial quality and shall take all reasonable steps to provide ongoing access to the Quick-BookWiz Services and protection of the Client Data. In the event of interrupted supply or error in the Quick-BookWiz system Quick-BookWiz shall take reasonable steps to (but does not guarantee to) repair or restore or re-instate use of the Quick-BookWiz Services.
5.4. No warranties:
5.4.1. Quick-BookWiz gives no warranty about the Services. Without limiting the foregoing, Quick-BookWiz does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
5.4.2. Quick-BookWiz does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Quick-BookWiz is not in any way responsible for any such interference or prevention of Your access or use of the Services.
5.5. Consumer guarantees:
You warrant and represent that You are acquiring the right to access and use the Quick-BookWiz Services for the purposes of a business. Application of the Consumer Guarantees Act is excluded and to the maximum extent permitted by law, any other statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms and Conditions.
6. Limitation of Liability
6.1. To the maximum extent permitted by law, Quick-BookWiz excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss ( including loss of Client Data, and any consequential loss ) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
6.2. If You suffer loss or damage as a result of Quick_BookWiz's negligence or failure to comply with these Terms, any claim by You against Quick_BookWiz arising from Quick_BookWiz's negligence or failure will be limited ( where liability can legally be limited) in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.
6.3. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate this agreement in accordance with Clause 7.
7. Termination
7.1. Trial policy
When You first sign up for access to the fully functional demo company you can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed from the following day after confirmation of establishing the Service has been sent to the Master User. If You choose not to continue using the Services, all data except the contact details of the Master User will be delete. You may delete Your contact details through the 'Master User Access' section of the Services.
7.2. Prepaid Subscriptions
Quick-BookWiz will not provide any refund for any remaining prepaid period of the Access Fee.
7.3. No-fault termination:
7.3.1. The Services of Quick-BookWiz will continue under these Terms and Conditions until terminated as set out below or otherwise by law.
7.3.2. Either party may terminate the Services of Quick-BookWiz by giving notice in writing to the other party of at least 30 days before the end of the relevant payment period , (such period of notice to expire, and termination to take effect on the last day of a calendar month).
7.4. Breach:
If You:
7.4.1. breach this agreement (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
7.4.2. breach this agreement and the breach is not capable of being remedied; or
7.4.3. act or fail to act in any way that could cause harm or damage to the goodwill, reputation, or operation of the Quick-BookWiz Service or of Quick-BookWiz or breach or attempt to breach any access condition or communication condition as set out above;
7.4.4. You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,
Quick-BookWiz may take any or all of the following actions, at its sole discretion:
7.4.5. Terminate this Agreement and Your use of the Services and the Website;
7.4.6. Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
7.4.7. Take either of the actions in sub-clauses 5 and 6 of this clause 8.4 in respect of any or all other persons whom You have authorised to have access to Your information or Data; or
7.4.8. Suspend or terminate access to all or any Data.
For the avoidance of doubt, if payment of any Fees due in relation to Services provided is not made in full by the relevant due date, Quick-BookWiz may: suspend or terminate Your use of the Service, the authority for all or any of Your Organisations to use the Service, or Your rights of access to all or any Data.
7.5. Accrued Rights:
Termination of this agreement is without prejudice the rights and obligations of the parties accrued up to and including the date of termination.
On termination of this Agreement:
7.5.1. The Client remains liable for any accrued charges and amounts which become due for payment before or after termination; and
7.5.2. immediately cease to use the Services and the Website.
7.5.3. Provided that the Client has paid all amounts due to Quick-BookWiz, Quick-BookWiz will forward a copy of the Database by electronic means to the Master User and delete all data belonging /relating to the Client from our servers including back-ups.
If the Client has not provided a valid, current email address or if the Client has not paid all amounts due within 30 days of the date of termination then the Client Data will be permanently deleted from the Quick-BookWiz servers, and Quick-BookWiz shall have no liability or obligation to the Client or any other person in respect of retention or deletion of Client Data.
7.6. Indemnity.
The Client herby indemnifies Quick-BookWiz against all claims, costs, damage and loss arising from Your breach of any of these Terms and Conditions or any obligation You may have to Quick-BookWiz, including (but not limited to) any costs relating to the recovery of any Access Fees or other fees and payments that are due but have not been paid by You.
7.7. Expiry or termination:
Clauses 2.1, 2.4, 3, 4, 5, 6, 7 and 9 survive the expiry or termination of these Terms.
8. Help Desk
8.1. Technical Problems:
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Quick-BookWiz. If You still need technical help, please check the support provided online by Quick-BookWiz on the Website or failing that email us at support@quickbookwiz.com. Quick-BookWiz does not guarantee that it will always be able to provide solutions or fix every problem and may reasonably charge for extended, repeated, complex or specialist support.
8.2. Service availability:
Whilst Quick-BookWiz intends that the Services should be available 24 hours a day, seven days a week, it is possible that from time to time access to the Quick-BookWiz Services or Website may be unavailable due to Quick-BookWiz initiated maintenance or other development activity. Quick-BookWiz will use reasonable endeavours to publish details of intended or planned activity in advance of interruptions or delays.
9. General
9.1. Entire agreement:
These Terms, together with the Quick-BookWiz Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and Quick-BookWiz relating to the Services and the other matters dealt with in these Terms.
9.2. Waiver:
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
9.3. Delays:
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
9.4. No Assignment:
You may not assign or transfer any rights to any other person without Quick-BookWiz prior written consent.
9.5. Governing law and jurisdiction:
You accept that New Zealand law governs this agreement and you submit to the non-exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this agreement, without reference to any conflicts of laws.
9.6 Severability:
If any part or provision of these Terms and Conditions is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
9.7. Notices:
Any notice given under these Terms and Conditions by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Quick-BookWiz must be sent to support@quickbookwiz.com or to any other email address notified by email to You by Quick-BookWiz. Notices and correspondence to You will be sent to the email address of the Master User which You provided when setting up Your access to the Service.
9.8 Rights of Third Parties:
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.