Terms of Service
Background (this is the important bit)
We (the folks at Livebookings) run an online restaurant reservation book software called Freebookings and would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features such as mobile optimized websites, table management, email marketing, advanced reporting and access to a partner marketing network to bring restaurants more reservations.
Our free service is designed to give you control and ownership over your available tables and how they are reserved on your website (or Facebook Page, or other webpages where you decide to use our services), and encourage you to put as many of your available tables as possible online.
Be aware that customers reserving a table at your restaurant experience the reservation as confirmed, not a request. When using the Freebookings online reservation service on your website, customers will show up at your door expecting the reservation they made to be honored.
Please make sure you maintain your Freebookings service to correctly reflect your opening hours, and keep track of reservations coming in (you will get notifications of every single one via email), so that your customers don't get disappointed. To be frank, it will make you and us look a bit like we don't care, which we know isn't true!
For an explanation of how we may use the information shared with us through your use of Freebookings, read the section on privacy below. Also, make sure that you don't violate the terms below regarding intellectual property, branding and misleading content (text, images or video) in relation to using the Freebookings restaurant reservation system.
If you find a Freebookings using site that you believe violates our terms of service, please contact us.
(These terms are based on the Wordpress ToS kindly shared under Creative Commons by the fantastic people at Automattic, creators of the (in our opinion) best web publishing software in the world. A heartfelt "Thank you!" goes out to Automattic not only for allowing us to base our terms on theirs, but also for freely sharing the Wordpress software which we have used to build this website. You guys rock, and we love you. If you, the reader of these terms, need a world class solution for trouble free management of your blog or website content, do check Wordpress out.)
Definitions: For the sake of clarity, here is what we mean by the following words:
- Account: The account created when you register to use the Service, along with any Upgrades.
- Account Owner: Person who has registered to use the Service and agreed to these terms.
- Reservation Calendar: Customer-facing restaurant reservation tool which, when added to an Account Owner's website, Facebook Page, or other webpage, allows for taking reservations based on the settings in the Control Panel. (Here is more information and examples.)
- Control Panel: Administrative area for Freebookings where Account Owners can manage settings and reservations. (Here is more information and examples.)
- Freebookings: Online restaurant reservation book service from Livebookings.
- Freebookings website: The website through which an Account can be opened (currently www.freebookings.com).
- Implementation: The Service added to and used on the Account Owner's website, Facebook Page, or other webpage.
- Livebookings: Livebookings Inc., owners and developers of Freebookings.
- Service: Freebookings, Control Panel, and Reservation Calendar, and/or such enhanced functionality or services as may be contained in any Upgrade.
- Upgrades: Any paid-for package containing enhanced functionality and/or services that the Account Owner chooses to subscribe for via the Freebookings website.
Further definitions. Except where the content indicates otherwise:
- References to Clauses refer to clauses in this Agreement;
- Clause headings are for convenience and shall not be used in their interpretation;
- The singular shall include the plural, and vice versa; and
- Plurals shall be read as if followed by the phrase “(or any of them)”
- Agreement. These terms and conditions govern all use of the Freebookings website and the Service. The Service is owned and operated by Livebookings. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Freebookings website by Livebookings (collectively, the “Agreement”).
- Acceptance. Please read the Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Service. If these terms and conditions are considered an offer by Livebookings, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.
- Your Account and Implementation. If you create an Account and add the Reservation Calendar to your website, Facebook Page or any other webpage you own or control (collectively referred to as the "Implementation"), you are responsible for maintaining the security of your Account and Implementation. You are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Implementation. You must not describe or use your Implementation in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Livebookings may suspend your Account due to any description or use that it considers inappropriate or unlawful, or otherwise likely to cause Livebookings liability. You must immediately notify Livebookings of any unauthorized uses of your Account, your Implementation or any other breaches of security. Livebookings will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Service delivery. To the extent that you have subscribed for an Upgrade, Livebookings shall use best efforts to provide the relevant Service as described, and in a competent manner.
- Help and Support. Support is delivered through the Freebookings support portal, where requests for technical support can be made at any time (through the portal's new support request page or through email to email@example.com). Livebookings will make reasonable efforts to respond as soon as possible within business hours (EST). Be aware that support for Accounts with Upgrades may take priority over basic Freebookings Accounts.
- Term and Termination. This Agreement shall commence on the date that you subscribe for the Services and shall continue in effect until terminated in accordance with the terms of this Agreement. Livebookings may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Account (if you have one), you may simply discontinue using the Service. Notwithstanding the foregoing, if you have subscribed for an Upgrade, your Account can only be terminated by Livebookings on 30 days notice to you, or immediately if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Livebookings' notice to you thereof; provided that, Livebookings can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Terminating an Account. Without limiting any of those representations or warranties, Livebookings has the right (though not the obligation) to, in Livebookings' sole discretion (i) suspend or remove any Account that, in Livebookings's reasonable opinion, violates any Livebookings policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Livebookings' sole discretion. Livebookings will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Account Owners. As an Account Owner, you are entirely responsible for your Freebookings Implementation. By implementing the Service, you represent and warrant that:
- the Implementation will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if you are acting on behalf of your employer, you have received permission from your employer to use and implement the Service;
- you have fully complied with any third-party licenses relating to the Implementation, and have done all things necessary to successfully pass through to end users any required terms;
- the Implementation does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Implementation does not contain or send spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rank of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Implementation is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your Implementation is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, social networks, other blogs and web sites, and similar unsolicited promotional methods;
- your Implementation is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website’s URL or name is not the name of a person other than yourself or company other than your own.
- License. By signing up to the Service, you grant Livebookings a world-wide, royalty-free, and non-exclusive license to use, publish or distribute the details registered in your Account for the purposes of providing relevant information to consumers; distributing available tables; taking and cancelling reservations; sending reservation confirmations and reminders; promoting your business through such means and via such websites or technologies as Livebookings may decide from time to time, including on third party websites; and in any and all related services.
- Disclaimer. Livebookings has not reviewed, and cannot review, all of the material, including computer software, posted to webpages with Implementations, and cannot therefore be responsible for Implementation content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, phishing, and other harmful or destructive content. Livebookings disclaims any responsibility for any harm resulting from the use by visitors of the Implementation, or from any downloading by those visitors of content there posted.
- Service Users. Like most website operators, Livebookings collects for the Service non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Livebookings' purpose in collecting non-personally identifying information is to better understand how the Service is being used. From time to time, Livebookings may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of the Service. Livebookings may also collect potentially personally-identifying information like Internet Protocol (IP) addresses for logged in Service users and for users making reservations through Implementations. Livebookings only discloses user IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
- Personally-identifying Information. Certain users of the Service choose to interact with Livebookings in ways that require Livebookings to gather personally-identifying information. The amount and type of information that Livebookings gathers depends on the nature of the interaction. For example, we ask visitors who sign up for the Service to provide an email address. Those who engage in transactions with Livebookings – by making a reservation, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Livebookings collects such information only insofar as is necessary or appropriate to fulfil the purpose of the visitor’s interaction with Livebookings and any obligations to Service users. Livebookings does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain activities.
- Aggregated Statistics. Livebookings may collect statistics about the behavior of Service users. For instance, Livebookings may monitor the most popular Implementations or use data from reservations to help identify patterns of use. Livebookings may display this information publicly or provide it to others. However, Livebookings does not disclose personally-identifying information other than as described below.
- Protection of Certain Personally-Identifying Information Livebookings discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Livebookings' behalf in order to deliver the Service or to provide other services available at Livebookings' websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using the Service, you consent to the transfer of such information to them. Livebookings will not rent or sell potentially personally-identifying and personally-identifying information gathered through the Service to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Livebookings discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Livebookings believes in good faith that disclosure is reasonably necessary to protect the property or rights of Livebookings, third parties or the public at large. If you are a registered user of the Service and have supplied your email address, Livebookings may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Livebookings and our products. We primarily use our various product blogs and websites to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Livebookings takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
- Business Transfers. If Livebookings, or substantially all of its assets were acquired, or in the unlikely event that Livebookings goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Livebookings or Livebookings' assets may continue to use your personal information as set forth in this policy.
Payment and Renewal.
- Payment. If you have subscribed for an Upgrade, you thereby agree to pay Livebookings the monthly or annual subscription fees indicated for that Service (additional payment terms or terms of service may apply for specific Upgrades). Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
- Automatic Renewal. Unless you notify Livebookings before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time in the Upgrades section of your Account’s Control Panel.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Freebookings is syndicated. Livebookings does not have any control over those non-Freebookings websites and webpages, and is not responsible for their contents or their use. By linking to a non-Freebookings website or webpage, Livebookings does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, phishing, and other harmful or destructive content. Livebookings disclaims any responsibility for any harm resulting from your use of non-Freebookings websites and webpages.
- Intellectual Property. This Agreement does not transfer from Livebookings to you any Livebookings or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Livebookings. Livebookings, Freebookings, freebookings.com, the Livebookings and Freebookings logotypes, and all other trademarks, service marks, graphics and logotypes used in connection with the Service are trademarks or registered trademarks of Livebookings or Livebookings' licensors. Other trademarks, service marks, graphics and logotypes used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Livebookings or third-party trademarks.
- Advertisements. Livebookings reserves the right to display advertisements in your Service unless you have purchased a specifically Ad-free Upgrade.
- Changes. Livebookings reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Livebookings may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Disclaimer of Warranties. The Service is provided “as is”. Livebookings and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Livebookings nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Freebookings website at your own discretion and risk.
- Limitation of Liability. In no event will Livebookings, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Livebookings under this agreement during the twelve (12) month period prior to the cause of action. Livebookings shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Service will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless Livebookings, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Livebookings and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Livebookings, or by the posting by Livebookings of a revised version. The laws of England and Wales govern this Agreement. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to this Agreement. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You agree that the parties hereto are independent contractors, and no joint venture, partnership, employment, or agency relationship exists between you and Livebookings as a result of this agreement. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Livebookings may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
September 25, 2011: Creation.