Terms Of Service

Merchant Agreement 

This Merchant Agreement (“Merchant Agreement”) outlines the terms and conditions under which Webholičari, obrt. (“Webholičari” or “the Company”) agrees to grant the Merchant access to and use of Bookinger, an online appointment solution offered by the Company.

By purchasing or renting Bookinger, you (“the Merchant” or “the Client”) agree to be bound by the stated terms and conditions of this Merchant Agreement. If you do not agree to these terms, please refrain from purchasing or renting Bookinger.

Webholičari reserves the right to amend or modify this Merchant Agreement at any time without notice. The latest version will be available on our website.

The parties agree as follows:

  • DEFINITIONS
      1. “Agreement” means this Merchant Agreement together with each Platform Addendum 
      2. “Chargeback” means a request to invalidate a payment that a Customer files directly with (a) his or her debit or credit card company; (b) his or her debit or credit card-issuing bank; or (c) any other entity that provides payment services.
      3. “Confidential Information” means information in any form, whether oral or written, of a business, financial, or technical nature which is disclosed by a party (“Disclosing Party”) in the course of this Agreement and which the recipient (“Receiving Party”) reasonably should know is confidential, but excluding the information listed in Section 12.2. The terms of this Agreement (including pricing) are each party’s Confidential Information.
      4. “Customer(s)” is defined in the applicable Platform Addendum.
      5. “Effective Date” means the date set forth in the Receipt.
      6. “Fraudulent Charge” means a credit or debit card charge by a Customer that is determined by the card company or payment processor to be fraudulent.
      7. “Merchant” means the entity identified as such in the Receipt.
      8. “Merchant Content” means (a) each and all of the text, graphics, logos, video, audio, information, data, software, and other content and materials relating to the Merchant Services which are produced or provided by or for Merchant, and (b) any and all copyrights, trademarks, and other intellectual property and proprietary rights related thereto, as now or hereafter constituted and in any form or media.
      9. “Merchant Service(s)” is defined in the applicable Platform Addendum.
      10. “Webholičari Content” means all information, data, products, materials, and all other content, software, and services made available on or through the Bookinger-online appointment solution or otherwise generally provided to Merchant by Webholičari.
      11. “Webholičari Fees” means the Fixed Fees, and other amounts payable to Webholičari, as set forth in the Receipt
      12. “Webholičari Payments” means the payment processing solutions operated by Webholičari.
      13. “Bookinger-online appointment solution” means the Webholičari services purchased by Merchant as set forth in the Receipt.
      14. “Platform Addendum” means an addendum attached to this Agreement, which contains terms specific to a purchased Bookinger-online appointment solution offering.
      15. “Receipt” means the Webholičari Receipt of the Service executed by Webholičari and Merchant referencing this Merchant Agreement.
  • THE SERVICES
      1. Receipt, Product Schedules, Precedence.
        Merchant orders subscriptions and/or other services related to one or more Bookinger-online appointment solution offerings as detailed in the Receipt. Additionally, certain offerings might incur setup fees or other additional costs. Each Bookinger-online appointment solution offering is further governed by the relevant Platform Addendum. In the event of any discrepancies among any elements of this Agreement, the order of precedence, unless expressly stated otherwise, shall be as follows: Receipt, Platform Addendum, Merchant Agreement.
  • Merchant Account
    Merchant must set up an account with Webholičari in connection with Merchant’s use of the Bookinger-online appointment solution (“Merchant Account”). Merchant will designate one or more of its employees to be the point of contact with Webholičari for the management and support of the Bookinger-online appointment solution, and who will be responsible for establishing and managing Merchant’s use of the Bookinger-online appointment solution, including the creation of authentication credentials to access the Merchant Account. Merchant will safeguard all Merchant Account user authentication credentials in its possession or under its control and is responsible for acts and omissions of its Merchant Account users relating to this Agreement as though they were Merchant’s own. Merchant is responsible for all activities that occur under the Merchant Account and for the accuracy, quality, and integrity of the Merchant Content that Merchant or its users input into the Bookinger-online appointment solution.
  • Use of the Bookinger-online appointment solution
    The rights granted to Merchant to use each Bookinger-online appointment solution offering are set forth in the applicable Platform Addendum, and are subject to any use limitations that may be set forth in the applicable Platform Addendum and the Receipt.
  • Bookinger
    If Merchant has purchased Webholičari’s Bookinger-online appointment solution offering, the Webholičari Professional Software Addendum attached hereto will apply. 
  • Changes to Agreement
    From time to time Webholičari may change the terms of this Master Agreement or a Platform Addendum. Webholičari reserves the right to make any and all such changes. Webholičari will strive to provide advance notice of any change that materially alters the terms of this Master Agreement or a Platform Addendum.

     

  • SALE AND PERFORMANCE OF MERCHANT SERVICES
  • Seller of Record
    Merchant agrees that it is the sole seller of record of all Merchant Services, and that Webholičari’s activities are undertaken solely to assist Merchant in facilitating the sale of such Services. Webholičari will not be a party to any agreement between Merchant and the Customer and Merchant is directly responsible for any and all breaches or other liabilities occurring in connection with the Merchant Services.
  • Accuracy of Merchant Content.
    Merchant is solely responsible for the accuracy of all Merchant Content, including pricing and availability details, whether or not such information is communicated to Webholičari or whether Webholičari installs such Merchant Content. Merchant acknowledges and agrees it maintains final approval of all Merchant Content posted anywhere within the Bookinger-online appointment solution and will hold Webholičari harmless for any errors or inaccurate information contained in the Merchant Content.

     

    LICENSING, PRICING, AND PAYMENT TERMS

    Licensing Options

    Bookinger offers a singular licensing option for its clients which consists of a one time setup fee and a monthly maintenance fee.

    Setup Fee

    Clients opting for the license will be charged a one-time setup fee. The exact amount is determined based on the industry of the client. The setup fee is due as per the invoice provided.

    Monthly Maintenance Fee

    License holders are charged a fixed fee each month, which covers the use of the software, any updates, and ongoing service. The subscription fee will be automatically charged every month on the same day the subscription was initiated.

    Access and Duration

    Clients choosing the license will have access to Bookinger for the duration of their monthly payments.

    Pricing

    The pricing for the license, including the setup and monthly fees, is communicated transparently to the client before the start of the service. The Company reserves the right to adjust pricing models or amounts at its sole discretion. Existing clients will be notified of any price changes with a notice period of [specific number of days, e.g., “30 days”].

    Payment Terms

    Monthly maintenance Fee will be recurring and automatically debited from the client’s chosen payment method every month on the same date as the original subscription start date. Delays in payments or failures in automatic deductions may result in suspension or termination of services until full payment is received. All charges and fees are non-refundable unless explicitly stated otherwise.

    Termination and Refunds

    License holders may lose access to updates and support in case of termination. All payments made to the Company for the use of Bookinger are non-refundable. Clients are encouraged to test and explore the demo version of Bookinger before opting for the license to ensure its suitability for their requirements.

    1.  
  • PROPRIETARY RIGHTS
      1. Whether under a Monthly License or a Buyout License, the Merchant acknowledges and agrees that Webholičari and its successors and assignees are and will remain the exclusive owners in all jurisdictions of the Bookinger online appointment solution and its associated content, including all patents, copyrights, trademarks, trade secrets, moral rights, and other intellectual property rights and proprietary rights related thereto, excluding only the Merchant Content (together, “Webholičari Property and Rights”).
      2. Regardless of the licensing option chosen by the Merchant, the Buyout License does not confer any ownership rights over Bookinger but rather grants a perpetual use license, whereas the Monthly License provides access for the duration of the monthly payments.
      3. All rights not expressly granted to the Merchant under this Agreement are hereby reserved by Webholičari, and no license or other rights are being granted by Webholičari by implication, estoppel, or otherwise.
      4. Merchant Content
        Webholičari acknowledges and agrees that, as between Webholičari and Merchant, the Merchant is and will remain the exclusive owner in all jurisdictions of the Merchant Content, including all patents, copyrights, trademarks, trade secrets, moral rights, and other intellectual property rights and proprietary rights related thereto. The Merchant hereby grants to Webholičari a worldwide, nonexclusive, fully-paid up, royalty-free, transferable right and license (with the right to sublicense through multiple tiers) during the Term to copy, reproduce, distribute, disclose, publish, broadcast, communicate, display and/or perform (whether publicly or otherwise), host, store, prepare derivative works from, translate, modify, or combine with other data or information or content, and/or otherwise use any and all of the Merchant Content and to have others exercise such rights and license on behalf of Webholičari in connection with the Merchant Services.
      5. Merchant Input
        Webholičari welcomes any feedback or other input that Merchant may provide concerning improvements to the Bookinger-online appointment solution (“Input”). Input excludes the Merchant’s Confidential Information. By providing Input to Webholičari, the Merchant agrees that all Input becomes Webholičari’s exclusive property, and the Merchant hereby assigns to Webholičari all its rights to Input, including all intellectual property rights therein. At Webholičari’s request and expense, the Merchant agrees to execute documents and take further action as Webholičari may reasonably request to assist in acquiring, perfecting, or maintaining intellectual property rights in Input.

         

    1. RESTRICTED ACTIVITIES
      Merchant agrees that it will not directly or indirectly:

      (a) infringe upon or misappropriate any Webholičari Property and Rights, or remove or alter any proprietary notices or labels;
      (b) take any act which undermines the integrity or functionality of or interferes with, or transmits or uploads any content or code which contains a virus, Trojan horse, worm or other harmful component, or circumvents or disables any security or data protection measures for any part of the Bookinger-online appointment solution;
      (c) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Webholičari Property and Rights;
      (d) circumvent or disable any technological or security features or measures in the Bookinger-online appointment solution;
      (e) rent, lease, or sublicense the Bookinger-online appointment solution or otherwise provide unauthorized access thereto;
      (f) reproduce, distribute, transmit, publish, display, perform, disclose, prepare derivative works from, translate, modify or combine or use any of the Webholičari Property and Rights, excepting only uses expressly permitted by this Agreement;
      (g) upload or submit or transmit any Merchant Content or other material which (i) infringes upon or misappropriates the intellectual property rights or other legal rights of any third party, (ii) constitutes unlawful, obscene, harassing or offensive content or activity or (iii) breaches or violates any privacy or confidentiality or other legal obligations; or
      (h) frame, mirror or link to any of the Bookinger-online appointment solution without the express written consent of Webholičari in its sole discretion.

       

    2. Disclaimer
      Neither Webholičari nor Merchant will be liable for any form of equitable or implied indemnification to the other with respect to this Agreement, the subject matter of this Agreement, or otherwise.

       

  • WARRANTIES AND DISCLAIMERS
  • Mutual Warranties 

Each party represents and warrants that it has the power and authority to enter this Agreement, the person or entity executing this Agreement has the power and authority to bind the party to this Agreement, and its entry into and performance of this Agreement will not breach any contractual obligations with third parties.

  1. Merchant Information
    Webholičari may request at any time or times documentation and related evidence of Merchant’s organization, operations, existence, and good standing. Such information may include the authorization of Merchant to enter this Agreement in form and substance satisfactory to Webholičari.
  2. Disclaimer
    NOTWITHSTANDING ANY CONTRARY PROVISION, AND TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW:
  3. THE Bookinger-online appointment solution AND ALL COMPONENTS THEREOF, AND ALL ADVICE, INFORMATION, AND MATERIALS, ARE BEING PROVIDED TO MERCHANT AND ANY RELATED PERSON OR ENTITY “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS.
  4. ANY ACCESS TO OR USE OF THE Bookinger-online appointment solution SHALL BE AT MERCHANT’S SOLE RISK AND MERCHANT IS RESPONSIBLE FOR EVALUATING AND BEARING ALL RISKS ASSOCIATED WITH SUCH ACCESS AND USE.
    1. LIMITATIONS OF LIABILITY
      NOTWITHSTANDING ANY CONTRARY PROVISION OR ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OF ANY KIND, TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, WEBHOLIČARI WILL NOT BE LIABLE TO MERCHANT OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF PROFIT, REVENUE, DATA, BUSINESS OR USE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OF THE SUBJECT MATTER OF THIS AGREEMENT. IN NO EVENT WILL WEBHOLIČARI’S CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OF THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING ANY RELATED CLAIMS, ACTIONS OR CAUSES OF ACTION AND ANY CLAIMS FOR INDEMNIFICATION, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT OF WEBHOLIČARI FEES PAID TO WEBHOLIČARI FOR THE MERCHANT SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE EVENT FIRST GIVING RISE TO THE RELEVANT CLAIM, ACTION OR CAUSE OF ACTION. MERCHANT UNDERSTANDS AND AGREES THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND ARE REASONABLE AND THAT IN THE ABSENCE OF SUCH LIMITATIONS THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. THE FOREGOING LIMITATIONS SHALL NOT BE INCREASED BY MULTIPLE CLAIMS, ACTIONS OR CAUSES OF ACTION WHETHER SIMILAR OR NOT.

       

    2. INSURANCE
      Merchant agrees to maintain in full force and effect adequate liability insurance coverage in connection with the Merchant Services at all times during the Term and for a period of two (2) years following the end of the Term. Merchant agrees at the request of Webholičari to name Webholičari and its Affiliates as additional insureds on such insurance policies. This can generally be done easily and without additional cost by contacting the insurance broker or insurance company. Merchant’s compliance with this Section 10 does not limit its indemnification or other obligations under this Agreement.
  • TERM AND TERMINATION
  • Term
    The term of this Agreement commences on the Effective Date. For Merchants under the Monthly License, the Agreement will continue until they cancel their subscription. For Merchants with a Buyout License, the Agreement pertains to the maintenance subscription and will continue until such maintenance subscription is canceled. Notwithstanding the cancellation of the maintenance subscription, Merchants with a Buyout License will retain their license to Bookinger.
  • Termination

Either party can terminate this Agreement for cause (including any material breach of this Agreement by the other party) by immediate written notice to the other party.

  • Effects of Termination
    Upon termination of this Agreement for any reason: (a) each license to a Bookinger-online appointment solution offering granted by Webholičari to Merchant will immediately terminate; (b) Merchant will purge all copies of all Webholičari Content from any computer, server or other hardware and each party will return the other party’s Confidential Information; (c) each party’s respective rights and obligations of this Merchant Agreement and relevant portions of each Platform Addendum, including the payment to Webholičari of all compensation obligations incurred prior to the effective date of termination, each shall survive and remain in full force and effect;  and (e) all claims or causes of action in existence as of the date of termination shall survive.
  • CONFIDENTIALITY
  • Non-disclosure
    The Receiving Party will take reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, but not less than reasonable care, to prevent the unauthorized duplication or use of the Disclosing Party’s Confidential Information and the disclosure of the Disclosing Party’s Confidential Information to third parties without the Disclosing Party’s prior written consent. The Receiving Party may disclose the Disclosing Party’s Confidential Information to the Receiving Party’s Affiliates, consultants, contractors, representatives, and agents (including financial advisors, accountants, and attorneys) (“Representatives”) who are acting on behalf of the Receiving Party and are bound by, or are otherwise protected by legal privilege or confidentiality and non-disclosure commitments on terms no less protective of the Confidential Information than the terms of this Agreement. If a Receiving Party is legally compelled to disclose the Disclosing Party’s Confidential Information, the Receiving Party shall (a) provide prompt written notice (if legally permissible) to the Disclosing Party so that the Disclosing Party can seek a protective order or other appropriate remedy, and (b) limit any such disclosure to the extent of the legal requirement, and the disclosed information will remain Confidential Information despite such disclosure.
  • Exceptions
    Confidential Information excludes information which: (a) is or becomes (through no act or omission of the Receiving Party in breach of this Agreement), generally available to the public; (b) becomes known to the Receiving Party or any of its Affiliates on a non-confidential basis through a third party who is not subject to an obligation of confidentiality with respect to that information; (c) was lawfully in the possession of the Receiving Party or any of its Affiliates prior to such disclosure; (d) is independently developed by the Receiving Party or any of its Affiliates; or (e) the Disclosing Party agrees is not confidential or may be disclosed, to the extent of that consent.

     

  • GENERAL
  • Merchant Warranty
    Without limiting Merchant’s other obligations, Merchant represents and warrants that (a) it will provide the Merchant Services in a professional and safe manner at all times; (b) it will not infringe upon or misappropriate the intellectual property or other rights of any other person or entity with respect to the subject matter of this Agreement; (c) Merchant has all necessary rights to grant the licenses granted by it to Webholičari, including the right to use the name, likeness, and identifying information of any identifiable person in the Merchant Content; and (d) Merchant possesses all licenses and registrations necessary to conduct its business and to provide all Merchant Services to be offered herein.
  • Governing Law
    This Agreement and all matters relating to or in connection with this Agreement shall be governed by the laws of the Republic of Croatia, Zagreb, without regard to any conflict of laws principles that require the application of the laws of a different jurisdiction.
  • Arbitration
    Notwithstanding any contrary provision hereof, all disputes, claims, controversies, and matters relating to or in connection with this Agreement (or the breach thereof) or any transactions hereunder shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Zagreb, Croatia before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff, or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
  • Venue
    Any other actions (if any) arising out of or related to this Agreement must be brought exclusively in the federal or state courts located in Zagreb, Croatia, and each of the parties agrees that such courts shall have exclusive jurisdiction and venue for any such actions. Webholičari also may seek injunctive or other equitable relief for breach of this Agreement in any court of competent jurisdiction wherever located. The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable attorney’s fees and costs from the other party.
  1. Assignment
    Merchant may not assign, transfer, delegate or sublicense this Agreement or any rights or obligations hereunder, either voluntarily or by operation of law or means of a merger, consolidation or sale of stock or other ownership interest or other change of control or ownership, and any such purported act shall be null and void. Subject to the foregoing restrictions this Agreement shall benefit and be binding upon each of the parties and their respective successors and permitted assignees. Other than in the case of indemnified parties, there shall be no third party beneficiaries of this Agreement.

     

  2. Notices

All notices and other communications (collectively “Notices”) required to be given or delivered to a party shall be in writing and addressed to the party at its principal corporate offices or as otherwise designated by notice hereunder. All Notices shall be deemed to have been given or delivered upon: (a) personal delivery; (b) three (3) days after deposit in the United States mail by certified or registered mail (return receipt requested); (c) two (2) business days after deposit with an internationally recognized overnight courier; or (d) one (1) business day after transmission by electronic mail. All Notices and other communications required or permitted under this Agreement shall be made in the English language.

  • Miscellaneous

This Agreement (including all Product Schedules and the Receipt) constitutes the entire understanding and agreement with respect to its subject matter and supersedes all prior and other current agreements and discussions between the parties, provided that any confidential or proprietary information disclosed previously to Merchant shall be part of the Webholičari’s Confidential Information. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. In the event that any of the provisions of this Agreement shall be held to be invalid or unenforceable by a competent court or arbitrator, the remaining portions hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provision valid and enforceable. When the context requires, the plural shall include the singular and the singular the plural, and any gender shall include any other gender. No provision of this Agreement shall be interpreted or construed against any party because such party or its counsel was the drafter thereof. Notwithstanding any contrary provision of this Agreement, whenever the words “include,” “includes” or “including” or any other variation are used in this Agreement, such words shall be deemed, unless the context otherwise requires, to be followed by the words “without limitation.” Section headings are only for convenience and are not part of this Agreement.

  1. Counterparts  

The Receipt may be executed in counterparts, each of which will be deemed to be an original and together will constitute one and the same agreement.  The Receipt may also be executed and delivered by electronic mail and such execution and delivery will have the same force and effect of an original document with original signatures.

 

Bookinger Solution Addendum

This document is a Platform Addendum to the Merchant Agreement between Bookinger and Merchant. Any capitalized terms not otherwise defined in this Platform Addendum have the meaning given in such Merchant Agreement. The parties agree as follows:

 

  • DEFINITIONS
      1. “Customer(s)” means, with respect to this Platform Addendum, one or more of any person or entity that reserves or purchases a Merchant Service from Merchant’s business, where the purchase is made through or entered into the Bookinger Solution.
      2. “Merchant Online Channel(s)” means one or more of any website, mobile application or other online platform of Merchant or its Affiliates which offer Merchant Services.
      3. “Merchant Service(s)” means, with respect to this Platform Addendum, one or more of Merchant’s activities or other goods or services that the Merchant offers to Customers using the Bookinger Solution, or otherwise manages using the Bookinger Solution.
      4. “Bookinger Solution” means the Bookinger Platform offering that consists of (a) an online service to enable online bookings, (b) a comprehensive product suite, including any Bookinger mobile or similar application for use in connection with such online service and related Bookinger Content (referred to as “Bookinger Backend”), and (c) all services to enable connectivity with other Third parties (referred to as “Bookinger APIs”).

         

  • BOOKINGER SOLUTION
      1. License
        Subject to Merchant’s full compliance with this Agreement (including this Platform Addendum) at all times, Bookinger grants to Merchant a limited (except in Buyout license) non-exclusive, non-sublicensable, non-transferable, non-assignable and revocable right and license during the Term to access and use the Bookinger Solution solely for its internal business operations and for purposes of (a) processing sales made directly from Merchant and (b) using web and mobile tools to assist Merchant in managing its business (“Bookinger Solution License”). The use of the Bookinger Solution for any purpose not expressly permitted by this Agreement (including this Platform Addendum) is prohibited and will be deemed to be a material breach of this Agreement (including this Platform Addendum).
      2. Setup and Support
        Bookinger will provide assistance with setup and activation, which may incur additional costs.
      3. Modifications
        Bookinger may modify or update the Bookinger Solution at any time without prior notice.
  • Restrictions
        1. Merchant may not store any Customer credit card information or other information prohibited by applicable law in or by use of the Bookinger Solution or any other part of the Bookinger Platform, whether or not the Customer has purchased service through the Bookinger Solution.
  • Upon Termination
    Upon termination of this Agreement for any reason, the Merchant shall purge all copies of all Bookinger Solution from any computer, server or other hardware, except if the Merchant has a Buyout license. 
  • DATA
    Merchant is entitled to reproduce and otherwise use, all individual Customer and sales information and Stored Files collected or uploaded by Merchant in connection with the Merchant Services sold through Merchant Online Channels. Merchant also understands that Bookinger might collect the foregoing information into a database through the Bookinger Solution. Merchant acknowledges Bookinger may (a) reproduce and otherwise use such information in connection with providing the Bookinger Platform and performing this Agreement, and (b) reproduce and otherwise use such information on an anonymized and aggregated basis in connection with Bookinger’s business. For clarity, Bookinger will not sell or disclose identifiable information about Merchant or Merchant’s Customers to a competitor of Merchant.

     

  • STORED FILES
  • The Bookinger “Attach a File” feature allows Merchants to store documents and photos in the Bookinger Solution. The Bookinger “Attach a File” feature will only be used for operational and liability purposes. Merchant shall not use, or encourage, promote, facilitate or instruct others to use, the Bookinger file storage system for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive.

     

  • Prohibited activities or content include:
  • Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, Bookinger’s operations or reputation, including disseminating, offering, promoting or facilitating illegal or fraudulent photos, materials, goods, services, schemes, or promotions.
  • Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
  • Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
  • Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
  • Bookinger will store the Stored Files for up to one year. Bookinger reserves the right to revoke storage if the Merchant Agreement or this Platform Addendum is violated.
  • Bookinger reserves the right, but does not assume any obligation, to monitor Stored Files that Merchant uploads. If Merchant violates this Section or authorizes or helps others to do so, Bookinger may suspend or terminate Merchant’s use of the Bookinger Solution.
  • Bookinger reserves the right to delete any Stored Files at any time, at its sole discretion.
  • Bookinger may report any activity that is suspected to violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. This reporting may include disclosing appropriate Merchant and Customer information. Bookinger also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Platform Addendum.