Terms & Conditions
These terms and conditions govern your use of our software and services. By using our software and services, you accept these terms and conditions of use in full.
We are Black Isle Software Ltd, a company registered in Scotland under the Companies Acts (Company Registered Number SC668903), and trading as Book-Me-At
Our Registered Office is at:
Old Drynie House, Kilmuir, North Kessock, Ross-shire, IV1 3XG,
In this Agreement: -
- (a) ‘Acceptance’/’Accepted’ means the agreement between the Parties made by the Subscriber using the Software and the Services and by clicking the “Accept” button on this site and submitting the Booking Setup information.
- (b) ‘Agreement‘ means these terms and conditions as amended from time to time by Provider
- (c) ‘you’ means you and anyone authorised by you. You are responsible for ensuring that all persons who access the Software and the Services are aware of and comply with these terms and conditions.
- (d) “Commencement Date” means the date of Acceptance.
- (e) ‘Database’ means Provider’s database of software, data, website content, information, instructions, training and support material.
- (f) ‘Services’ means the subscription services made available to you by us via our website ( https://Book-Me-at.com ) and in any relevant Subscriber/User guides and other supplementary information.
- (g) ‘Software' means the software provided by us (including third party software) which is required by you to access, use and/or receive support for the Services.
- (h) ‘System’ means the computer system(s), servers (physical or virtual), software and network which we use to store, host and provide access to the Services.
- (i) ‘Subscription Charges’ means those fees which are payable by you to us for the Services including the license fee to use our Software.
- (j) ‘Subscriber Data’ means all information, data and material including but not limited to the information input by you into the Booking Setup information pages on our website (but not our templates, designs and formats)
- (k) ‘Term’ has the meaning set out in Clause 16 below.
2. Subscription to our Services
- (a) By accepting the terms and conditions of this Agreement and paying the Subscription fees, we grant you a non-exclusive, non-transferrable subscription right to access and use the Services and Software for you solely for your own internal business during the Term.
- (b) We may provide you with other materials from time to time necessary for use and/or support of the Services including Software, instruction guides, training, support procedures, documentation, information updates and other material you will implement/comply with our directions for use/implementation of the same.
- (c) Where Software is required by you to access and use the Services, we grant and you accept a non-exclusive, non-transferable, revocable license to use the Software solely to access and use the Services during the Term. We may update the Software from time to time with or without notice. This license and access to the Services and Subscriber Data is automatically revoked and access denied if you are in breach of this Agreement.
- (d) You grant us a worldwide, royalty free intellectual property licence to use, reproduce adapt publish translate and distribute the Subscriber Data in any existing or future media.
3. Use of the Services
You have input the Booking Setup information and have paid Subscription Charges to enable you to use the Services. We may deny you access to the Services in accordance with clauses 6(c) and 8(e) if payment is not made.
You will not:
- (i) input, access, store, transmit or distribute any viruses, Trojan horses, worms, time bombs, cancelbots, malware, spyware or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing the functionality, operation or integrity of the Services, Software, System or Database;
- (ii) input, access, store, transmit or distribute any content which is malicious, illegal or harmful, harassing, defamatory , threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, or any material that exploits children or is invasive of another person’s privacy or other rights or that may otherwise cause distress, injury or damage to any person or property;
- (iii) engage in “phising”, “smishing” or other deceptive or misleading online activity or transmit any ‘spam’ or other unsolicited messages that can degrade or otherwise interfere with the Services, Software, system or Database or other users of the same;
- (iv) spoof, steal the identity or otherwise impersonate any individual or entity or falsely state or otherwise misrepresent the Subscriber’s or Authorised User’s identity, status, ability or affiliation in any way.
- (v) disable, tamper, hack, copy, duplicate, disassemble, decompile, reverse engineer, extract, download, distribute, frame or re-publish any part or whole of the Services, Software, System, Database or source code; documentation, guides or other proprietary information or any database or information which may be available by access to/extraction through use of the Services, Software, System or Database;
- (vi) infringe Provider’s intellectual property rights in and to the Services, Software, System, Database, Provider’s website, or any material which Provider has made available to the subscriber or any Authorised User or which you have otherwise gained from the Services, Software, System or Database, Provider’s website including but not limited to ‘framing’, ‘linking’, or using spider or ‘screen scrape’ software or systems to extract our data or otherwise use Provider’s trade marks, trade name, copyright, database and other intellectual property rights;
- (vii) translate the Services, Software, System or Database or any of Provider’s other software or website material into any other language or code;
- (viii) adapt, vary, modify or work around any technical limitations, rights management or monitoring in the Services, Software, System or Database or on Provider’s website.
4. Subscriber Data and Privacy
- (a) You retain ownership of and intellectual property rights in the Subscriber Data to the extent that you own the same.
- (b) You are solely responsible for the legality, accuracy, completeness and use of Subscriber Data
- (c) You will be solely responsible for making regular back-ups of the Subscriber Data.
5. Hosting of Subscriber Data
We will be responsible for the privacy, security, data protection of the Subscriber Data, storage, back-up and support.
6. Account and Access Data
- (a) You are solely responsible for ensuring that the Booking Setup information supplied to us are true and accurate and you must keep these updated. You consent to receive and transact with us by electronic communication in relation to the Services, Software other products and services, instructions, upgrades or support.
- (b) You are solely responsible for ensuring the security and confidentiality of all passwords, account names or numbers and login information used by you in relation to the Services, Software, documentation, support and/or upgrades (“AA Data”) and undertake to prevent unauthorised access or use of the same. You undertake to indemnify us for all and any loss which we may suffer because of any breach of this provision in accordance with Clause 15.
- (c) You agree that we will have the right to deny you or other party using the AA Data, access to the Services, the Software, Database, documentation or other services which it has reason to believe is unauthorised or non-compliant or if you have failed to pay for the same.
- (d) You grant Us permission to obtain and use your information which it deems necessary for the proper performance of its Services including but not limited to your IP address(es), company name, user numbers licence number/s etc., to enable us to provide the Software and Services efficiently and to monitor use of the same for security and compliance with this Agreement.
We may revise these terms from time to time. Revised terms will apply to the use of the Services and the Software from the date of publication of the revised terms on our website https://book-me-at.com
8. Subscription Charges
- (a) The Subscription Charges are specified on our website are payable monthly in advance and are based on the Services, Software, and Agreement Term all as specified in and upon the terms and conditions of this Agreement.
- (b) You agree to pay us the Subscription Charges as specified by us for access to and use of the Services. The Subscription Charges are payable monthly in advance on Acceptance or renewal of this Agreement or (if earlier) first access to the Services by you.
- (c) The Subscription Charges includes support and Software updates as specified in Clause 9 .
- (d) If you fail to make payment of the Subscription Charges when due, you will immediately cease using the Services and we have the right to deny you access to the Services and the Subscriber Data. This Agreement to use the Services will automatically cease other than for the terms which survive termination.
- (e) All charges payable under this Agreement are exclusive of and net of any taxes or duties including (but without prejudice to the foregoing generality) VAT levied on us or you by reference to the Services, and Software. Such taxes or duties will be paid by you at the rate and in the manner for the time being prescribed by law.
- (f) If any sum payable under this Agreement is not paid timeously then (without prejudice to our other rights and remedies including denial of Service) we may terminate this Agreement without further Notice to you
9. Support and Other Services
During the Term and subject to the payment by you of the Subscription Charges, We will provide you with support by email between the hours of 9am-5pm Monday to Friday British Standard Time;
11. Copyright, Patents, Trade Marks, Database Rights and Other Intellectual Property Rights
Unless otherwise stated we or our licensors own the intellectual property rights in the Software and the Service and our website. Subject to the license granted under this Agreement all these intellectual property rights are reserved.
- (a) ABSOLUTE CAP ON LIABILITY. OUR MAXIMUM, AGGREGATE LIABILITY FOR ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE SERVICES, SOFTWARE, SYSTEM, DATABASE, SUPPORT OR OTHER MATERIAL FURNISHED OR TO BE FURNISHED BY US UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO OUR OR ANY THIRD PARTY PROVIDER’S ENTIRE LIABILITY IN CONTRACT, DELICT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY) AND INCLUDING MISREPRESENTATION OR OTHERWISE IN RESPECT OF ALL MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE DIRECT DAMAGES ACTUALLY INCURRED BY YOU UP TO THE AMOUNT PAID BY YOU TO US UNDER THIS AGREEMENT FOR THE APPLICABLE SERVICES, SOFTWARE, SUPPORT OR OTHER MATERIAL DURING THE PRECEDING 12 MONTH PERIOD.
- (B) EXCLUSION OF INDIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON DERIVING BENEFIT FROM YOU FOR ANY INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST DATA, LOSS OF CONTRACTS, BUSINESS, REVENUE, GOODWILL, ANTICIPATED SAVINGS OR OTHER SPECIAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY SERVICES, SOFTWARE, SYSTEM, DATABASE, SUPPORT OR OTHER MATERIAL, FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
- (c) Basis of the Bargain; Failure of Essential Purpose. You acknowledges that hawse have set our Subscription fees and charges and entered into this Agreement in reliance upon the warranty disclaimer specified in clause 14 and the limitation of liability set forth in this Agreement, and that the same form an essential basis of the bargain between the Parties. The Parties agree that the limitation of liability specified in this Agreement will survive and apply even if the warranty disclaimer or any limitation of remedies is found to have failed of its essential purpose. Notwithstanding the foregoing, nothing contained herein will limit our liability for our own willful acts or gross negligence.
- (d) Neither party excludes liability for death or personal injury to the extent only that the same arises as a result of its own negligence.
- (a) In the event that you discover a material error which substantially affects your ability to use the Services and/or Software, System or Database,and notifies us of the error within 30 days from the date of first access to the Services (the "Warranty Period") we will at our sole option either use all reasonable endeavours to correct the erroneous part of the Services and/or Software, System or Database or (at our sole option) refund you the fee relating to the part of the Services (if not the whole) that does not comply with its specification of use PROVIDED THAT such non-compliance has not been caused by any modification, variation or addition to the Services and/or Software, System or Database not performed by us or caused by the incorrect use, abuse or corruption of the Services, Software, System or Database by you.
- (b) WARRANTY DISCLAIMER. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND BY US. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, ALL SERVICES, SOFTWARE, SYSTEM, DATABASE, SUPPORT OR OTHER MATERIAL (IF ANY) ARE FURNISHED BY US AND ACCEPTED BY “AS IS”. ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY , INCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHER WARRANTIES OF OR AGAINST: (I) INTERFERENCE WITH QUIET ENJOYMENT, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, COMPATIBILITY, INTEGRATION, NO ENCUMBRANCES, NO LIENS, TITLE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, (II) THAT ANY SERVICES, SOFTWARE, SYSTEM, DATABASE, SUPPORT OR OTHER MATERIAL WILL CONFORM TO ANY DEMONSTRATION OR PROMISE BY USOR (III) OR THAT MAY ARISE THROUGH ANY COURSE OF DEALING BETWEEN THE PARTIES.
- (c) You acknowledge that Third Party Providers are integrally involved in provision of the Services, Software, System, Database and/or support and as such, we do not warrant that your access to the Services, Software, support or other material provided hereunder will be uninterrupted, error-free or completely secure.
- (d) INDEMNIFICATION DISCLAIMER. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, WE HAVE NO INDEMNIFICATION OBLIGATIONS TO YOU WHETHER EXPRESS, IMPLIED OR STATUTORY AND ANY SUCH INDEMNIFICATION OBLIGATIONS ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED.
(a) You shall defend, indemnify and hold harmless us, our officers, directors and employees, agents and sub-contractors against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the Subscriber Data, and your breach of this Agreement including but not limited to breach of our website terms and conditions, Acceptable Use and Privacy provisions or infringement of our or third party patent, copyright, trade marks, database rights or other intellectual property rights.
16. Term and Termination
- (a) this Agreement will start on the Commencement Date and continue thereafter for so long as you pay the Subscription fees or until or unless terminated by either party giving to the other 1 months prior written notice or by notice in accordance with paragraph (b) below.
(b) Either of us may by notice in writing to the other terminate this Agreement if any of the following events will occur:
- (i) if the other party is in breach of any term, condition or provision of this Agreement or required by the Applicable Law and fails to remedy such breach (if capable of remedy) within 14 days of having received written notice of such breach from the first party;
- (ii) if the other party, becomes unable to perform its obligations under this Agreement for any reason, including but not limited to, its bankruptcy, insolvency, or liquidation or if it will call a meeting of its creditors, or will have a receiver or administrator of all or any of its undertakings or assets appointed, or will be deemed by the relevant statutory provisions under the Applicable Law to be unable to pay its debts;
(c) In the event that you discover a material error which substantially affects your ability to use the Services and/or Software, System or Database,and notifies us of the error within 30 days from the date of first access to the Services (the "Warranty Period") we will at our sole option either use all reasonable endeavours to correct the erroneous part of the Services and/or Software, System or Database or (at our sole option) refund you the fee relating to the part of the Services (if not the whole) that does not comply with its specification of use PROVIDED THAT such non-compliance has not been caused by any modification, variation or addition to the Services and/or Software, System or Database not performed by us or caused by the incorrect use, abuse or corruption of the Services, Software, System or Database by you.
- (i) to download its Subscriber Data from our system subject to such cost (if any) as we shall specify; and
- (ii) delete any and all copies of the Services, Software and any other products and information provided by us during this Agreement and, if requested by us, you shall certify to us in writing that such material has been destroyed.
- (d) Termination, howsoever or whenever occasioned will be subject to any rights and remedies the Parties may have under this Agreement or the Applicable law.
- (e) We will be entitled to delete all Subscriber Data from our systems following 14 days of termination howsoever occurring.
- (f) Clause 4, 10-16 and 22 will survive termination of this Agreement.
You may not assign sub contract or otherwise deal with your rights and obligations under these terms and conditions We may assign transfer subcontract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
18. Third Party Rights
A person who is not party to this Agreement will not have any rights to enforce any term of this Agreement.
19. Force Majeure
Neither we nor any Third Party Provider will be under any liability to the Subscriber in respect of anything which, apart from this provision, may constitute breach of this Agreement arising by reason of force majeure, namely, circumstances beyond the control of us or Third Party Provider which will include (but will not be limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, acts of war (declared or undeclared), terrorism, accident, embargo, riot, civil commotion, energy outage, communication/internet failure, work to rule, overtime bars, strikes and lockouts and whether between either of the Parties hereto and any or all of its Authorised Users and/or any other employer and any or all of its Authorised Users and/or between any two or more groups of Authorised Users (and whether of either of the Parties hereto or any other employer).
If any of these terms, conditions or provisions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by the Applicable Law.
21. Entire Agreement and Amendments
22. Applicable Law
The parties hereby agree that this Agreement shall be construed in accordance with Scots Law and prorogate the jurisdiction of the Scottish Courts.
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