These Terms of Service (“Terms of Service”, “Agreement” or “ToS”) describe the terms under which Spotbee Inc (“We”, “Our” “Us”) provides a subscriber access to and use of Kenko (“You”, “Your”, “Yourself” or “Subscriber”). By accessing and/or using gokenko.com and its application, and any other applications that are “powered by Bookee”(“Platform”),
- You agree to be bound by this ToS and acknowledge having read the privacy policy located at Privacy Policy
- You warrant to Us that You are of 18 years or above and are competent to enter into this agreement
- That, in the event You are entering into this ToS on behalf of any entity/company or its group, You possess the requisite authority to bind such entities, company or its groups to this ToS. If You do not agree to this ToS, You should immediately cease using the Platform.
These Terms and Conditions supersede all previous oral, written terms and conditions (if any) communicated to User and shall act as a binding agreement betweenCompany and the User.
IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
1. Definitions
“Company”, “we”, “us”, or “our” means Kenko or Spotbee Inc and any other companies that are its subsidiaries and affiliates.
“Service(s)” means services provided through the Platform, as described in further detail under clause 3 below. The Services provided through the Platform may change from time to time, at the sole discretion of the Company.
”End-User/Customer” means any person or entity who interacts with Services any individual who interacts with the Services, including users of our mobile applications such as the Platform, and individuals who book appointments, purchase services and otherwise interact with our Subscribers through the Services
“User” or “You” shall mean the Subscriber or the Customer or End-User of the Platform.
2. Updation of Terms and Conditions
Whenever we make revisions to the Terms and Conditions, we will promptly notify you via email. Your utilization of the Platform is contingent upon these Terms and Conditions, which may be periodically updated, amended, modified, or revised by us. To remain fully informed of any potential additions, alterations, amendments, or modifications, we encourage you to consistently review the updated Terms and Conditions.
3. Service(s) provided to Users
We provide the following Services:
- Software Services
- Third Party Offerings
- Third Party Offerings are not considered “Services” under this Agreement.
- Kenko is not responsible for Third Party Offerings, and they may be disabled at any time.
- Using Third Party Offerings may involve sharing data.
- Use of Third Party Offerings is at the user’s risk and subject to their terms and policies.
- Third Party Offerings are not considered “Services” under this Agreement.
- Support Services
- Access to standard support services is provided.
- Professional Services are available for an additional fee.
- Access to standard support services is provided.
- Marketing Services
- Your business will be listed on the Kenko App.
- Your business will be listed on the Kenko App.
- Professional Services
- Branded Mobile Apps
- Embedded Website Widget
- Payment Processing
- Payment Processing Services are provided by third-party partners.
- Payments through Stripe, subject to Stripe’s terms and fees.
- Payments through Adyen, subject to Adyen’s terms and fees.
- Payment Processing Services are provided by third-party partners.
- Onboarding and data migration services
- Website builder
4. Eligibility
By using Platform, you affirm that you are of age and are fully able and competent to enter in to the terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in the Platform is available only to persons who can form legally binding contracts under the applicable laws. Persons who are "incompetent to contract" within the meaning of the applicable laws including minors, un-discharged insolvents, or person with unsound mind etc. are not eligible to use the Platform.
5. User Account Registration
Users who are at least 18 years of age may create an account and purchase the Services for themselves or on behalf of any Service Recipient who has so authorised the User to do so. Any purchase of Services by anyone under 18 years is expressly prohibited and by doing so you represent and warrant that you are 18 years or older. In order to use the Platform and facilitate Service Recipients to avail Services, you have to create an account (“Account”).
However, you agree and acknowledge that the Company does not validate your identity and authenticity of the information provided to the Company for creating Account. You shall solely be responsible for the registration of the Account. Company shall not be liable in any manner for any claims/losses arising on account of the creation of the Account and in the event if there is any claim arising out of or in relation to your creation of Account, you shall indemnify Company for what so ever losses it may occur.
6. Platform License
Subject to your compliance with the TOS, Company grants you (along with Service Recipient) a limited, non-exclusive, non-transferable license:
- To view, download and print any content of Platform solely for your personal and non-commercial purposes; and
- To access, modify, edit and download any content, to which you are permitted access solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted here in.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the TOS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Platform or its licensors, except for the licenses and rights expressly granted in the TOS.
The Subscriber shall be responsible for all activity occurring under or relating to your account, including, but not limited to, your staff, employees, consultants, advisors, independent contractors, and End Users. The Subscriber will ensure that its End Users comply with relevant provisions of this Agreement, including any supplemental terms and acceptable use policies provided or made available by Company, and any applicable local, state, national and foreign laws, including those related to data privacy and transmission of personal data, at all times while using the Services. The Subscriber is also responsible for ensuring that you have the appropriate rights to interact and/or contact End Users through the Services, as applicable, in accordance with applicable laws and regulations.
7. Fees & Payment
The platform provides both Free Plan & Paid Plans. Any free service mentioned in the platform would be "Free" and would follow the terms mentioned here.
The platform charges a fixed fee for the paid plans which could change upon prior notification to the You.
We will charge you a fee based on your account plan by charging your payment method in advance for the subscription term you have agreed following your account’s activation. Should you upgrade or downgrade your account plan, your payment method will be charged for your new billing rate. At the time of your upgrade or downgrade, your prior account plan charges will be prorated based on the number of days under the prior account plan. Your payment method will then be charged at your new billing rate for the new subscription term thereafter. All payment obligations are non- cancellable and all amounts paid are non - refundable. The fees do not include any taxes, duties, fees or other amounts assessed or imposed by any government authority, for which you are responsible except for taxes imposed on Kenko's income. You agree to pay or reimburse us for all such amounts upon demand, or provide evidence of payment or exemption. We reserve the right to change our fees and billing methods. We will notify you of any fees changes by, for example, sending a message to the email address associated with your account, or posting on our Services or website. For existing contracts for which fees have been already received by us, we will implement the price changes during the next renewal period.
8. Use of Your Information and Content and other content displayed on the Platform
If you create, transmit, submit, display or otherwise make available any information while using the Services, you may provide only information that you own or have the right to use. We may only use the information you provide as permitted by our Privacy Policy and applicable law. For example, we will never share your personally identifiable information without your prior permission. Please closely review our Privacy Policy for more information regarding how we use and disclose your personal information. Our Privacy Policy is hereby incorporated into theseTerms of Use by this reference
HIPAA. The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") imposes rules to protect certain personal health information or “PHI” as that term is defined under HIPAA. If you or any Affiliate is subject to HIPAA and providing or processing any PHI in connection with the Services, prior to accessing or using the Services you must notify us in order for us to enter into a separate agreement. You are solely responsible for determining whether you or any Affiliates are subject to HIPAA. You may send notice by emailing at privacy@bookeeapp.com
We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services pursuant to our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User's data to be permanently deleted, irretrievable, or temporarily inaccessible.
You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- Comply with legal process, applicable laws or government requests;
- Enforce these TOS; or
- Respond to claims that any of your usage of the Platform violates the rights of third parties;
- Detect, prevent, or otherwise address fraud, security or technical issues;
- Your business will be listed on the Kenko App.
9. Consent of User
In the event the User (other than the User) has created Account or have shared any personally identifiable information, which is related to the User, such User shall ensure that it has lawful authority to disclose such information with us. In the event if there is any breach of the aforesaid condition, User shall defend, indemnify and hold Company, its directors, employees, vendors, harmless from any claims, losses or damages a rising out of or in relation to the breach of therefore said conditions.
10. Third Party Services
The Company shall provide Users to connect with third party service providers. The Company is not responsible for, and does not endorse, any third-party services mentioned on the Platform. It is hereby stated that the Company shall in no way be responsible for any acts or omissions of third parties. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User's own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors
11. Rules and Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the TOS; or other rules or policies implemented by us from time to time; or in violation of any applicable laws. The Services (including, without limitation) is provided only for your own personal and non-commercial use.
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the TOS; or other rules or policies implemented by us from time to time; or in violation of any applicable laws. The Services (including, without limitation) is provided only for your own personal and non-commercial use.
If you would like to access our Services from a remote location, then you accept the logistical issues that accompany this. You agree to provide us with such materials or information as we may reasonably request to carry out the Services in a timely manner and ensure that such materials or information is complete and accurate in all material respects
You understand that in the course of availing Services from us, you may indirectly be availing the services of third-party vendors engaged by us for the purpose of rendering such services. You agree to bear any and all out of pocket expenses in availing the Services from any such third-party vendor per the Services adopted by You. At no point in time, shall we be responsible for any actions and/or omissions of third-party vendors. In the event we are unable to provide you with a service that you are entitled to, then we shall endeavour to inform you in advance of the same. The Services may be available on all the working days, from Monday to Friday (except public holidays). However, under exceptional circumstances, the Company may provide Services during the weekends.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to)take any action that:
- Would constitute a violation of any applicable law, rule or regulation;
- Infringes on any intellectual property or other right of any other person or entity;
- Is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, offensive, or profane; or
- Impersonates any person or entity. The Company reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Company is concerned that You may have violated the Terms of Use), or for no reason at all with or without notice to the User/Users.
Additionally, you shall not share any information that:
- May be harmful to minors or children ;
- Causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and
- Is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- Harms minors in any manner;
- Infringes any patent, trademark, copyright or other proprietary rights;
- Violates any laws fortime being; and
- Impersonate any person.
Furthermore, you shall not (directly or indirectly):
- Take any action that imposes or may impose an unreasonable or disproportionately large load on Company's (or its third party providers') infrastructure;
- Interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
- Bypass any measures we may use to prevent or restrict access to the Platform (or parts there of);
- Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction;
- Modify, translate, or otherwise create derivative works of any part of the Platform; or
- Copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive here under.
12. Alerts Provided by The Company
The Company provides you with multiple automatic alerts while providing Services.
You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or is directed delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
13. Contact You
You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:
- Obtaining feedback in relation to Platform or our Services;
- To facilitate Services and Usage of the Platform;
- Promote Services and Platform;
- Obtaining feedback in relation to any other Users listed on the Platform;
- Resolving any complaints, information, or queries by other Users regarding your Critical Content; and
- You agree to provide your fullest cooperation further to such communication by the Company.
By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can use and share such feedback for any purpose without any compensation to you and we are under no obligation to make such feedback confidential.
14. Profile Ownership and Editing Rights
We ensure easy access to the Users by providing a tool to update your profile information. We reserve the right to moderate the changes or updates requested by you and we shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in your profile. You hereby represent and warrant that you are fully entitled, under applicable law, to provide information as part of your profile or otherwise while using ourServices, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of thefore going representation, we may modify or delete parts of your profile information at our sole discretion with or without notice to you.
15. Rights and Obligation relating to the usage of the Platform
We ensure easy access to the Users by providing a tool to update your profile information. We reserve the right to moderate the changes or updates requested by you and we shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in your profile. You hereby represent and warrant that you are fully entitled, under applicable law, to provide information as part of your profile or otherwise while using ourServices, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of thefore going representation, we may modify or delete parts of your profile information at our sole discretion with or without notice to you.
Users shall be prohibited from carrying out the any illegal acts in the Platform including but notlimited to acts mentioned below:
- Violating or attempting to violate the integrity or security of the Platform;
- Transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
- Intentionally submitting on the Platform any incomplete, false or inaccurate information;
- Making any unsolicited communications to other Users;
- Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
- Circumventing or disabling any digital rights management, usage rules, or other security features of the Platform;
Any unlawful activities in the Platform which are prohibited by the applicable laws.
The Company shall, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
In case of non-compliance with any applicable laws, rules or regulations, or the Terms and Conditions (including the Privacy Policy) by a User, we shall have the right to immediately terminate your access or usage rights to the Platform and Services and to remove non-compliant information from the Platform.
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer personal data or information including any information, to any other body corporate or a person in the UnitedStates of America, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
16. Consent to use the reference
The Company shall have the permission to use User's (including Service Recipient) testimonials or feedback, whether obtained in writing, verbally or in visual form (“Testimonial”) for marketing purposes. User hereby grants perpetual, irrevocable, exclusive right to publish, display Testimonial in the Platform or any social media platforms for marketing purposes
17. Support
The Company offers email-based and online support tools. You may access support resources or contact our support by emailing at privacy@bookeeapp.com. In some regions or associated with certain partners, we may direct you to obtain support from third party service providers. The Company does not make any promises regarding how quickly we will respond to your request for support, or that we will be able to fix any problems, which you may be having. Any suggestions by Company regarding use of the Services shall not be construed as a warranty
The Company shall revert to every complaint within 48 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 30 days of receipt of the complaint.
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User's disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty
The Company shall, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
The Company offers an email-based support system. In case you require any assistance or support, you may access support resources or contact our support by emailing at privacy@bookeeapp.com.
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer personal data or information including any information, to any other body corporate or a person in the UnitedStates of America, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
18. Termination
We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account.On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
19. Disclaimer
The service (including, without limitation, any content) is provided “as is”and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade,all of which are expressly disclaimed. The company and service provider(including) its directors, employees, agents, suppliers, sponsors and partners do not warrant that:
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account.On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
The service (including, without limitation, any content) is provided “as is”and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade,all of which are expressly disclaimed. The company and service provider(including) its directors, employees, agents, suppliers, sponsors and partners do not warrant that:
- The service will be secure or available at any particular time or location;
- Any defects or errors will be corrected;
- Any content or software available at or through the service is free of viruses or other harmful components; or
- THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.KENKO IS NOT IN ANY MANNER A GYM OR A HEALTH FITNESS CENTRE, AND IS MERELY A FACILTATOR BETWEEN A SUBSCRIBER AND THE END USER.
20. Indemnification
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates'/subsidiaries/joint venture partners' employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to
- Your use or misuse of, or access to, the Services and Platform; or
- Your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection there with.
21. Limitation of Liability
To the fullest extent permitted by law, in no event shall company(including its directors, employees, agents, sponsors, partners, suppliers, content providers, licensors or resellers,) be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services
- For any lost profits, data loss, loss of goodwill or opportunity, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever,
- For your reliance on the services
- For any direct damages
- For any matter beyond its or their reasonable control, even if company has been advised of the possibility of any of the aforementioned damages.
22. Exemptions to liability of Company
You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under theTerms and Conditions, which may be caused, directly or indirectly, due to:
- Your failure to cooperate;
- Your unavailability and/or unresponsiveness;
- Your failure to provide accurate and complete information;
- any event beyond Company's reasonable control.
23. Governing Law and Dispute Resolution
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account.On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
23. Governing Law and Dispute Resolution
We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account.On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
24. Miscellaneous
The Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Services and usage of Platform.
If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The Terms and Conditions are personal to you, and are not assignable or transferable by you except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
25. Contact
If you have any questions regarding the Services or usage of the Platform, please contact Company at privacy@bookeeapp.com. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.
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