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> Terms of Service

1. Acceptance of terms
FastForward ltd (referred to here as “Qooshi”, "us", "we") provides its Service (as defined below) to You (as defined below) through its web site located at qooshi.com and any of the subdomains of qooshi.com (the “Site”), subject to this Terms of Service agreement.

By accepting these Terms of Service or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are entering into this Terms of Service Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of Service, You must not accept these Terms of Service and may not use the Service.

Qooshi reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Service at any time, with or without notice to You. Please check these Terms of Service, available on the Qooshi website, periodically for changes. Your continued use of the Service after the posting of any changes to the Terms of Service will signify Your acceptance of those changes.

2. Description of Service
The “Service” includes (a) the Site, (b) the system, tools and services provided by Qooshi through the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or Service (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to these Terms of Service.

3. Scope of Agreement
These Terms of Service cover Your use of the Service, including, but not limited to, the process by which consumers reserve seats with You, schedule appointments with You, enroll or subscribe to services provided by You, purchase goods or services provided by You, as well as Your management of such schedules, seats, appointments, enrolments, subscriptions or purchases through the Service, your promotion of the service through referrals, and You agree that these Terms of Service apply to Your use of the Service.

By using the Service, You also consent and agree to the terms of the Qooshi Privacy Policy and all other Qooshi legal policies applicable to You, available on the Site.

4. Changes to the service
Qooshi has the right to change or modify, upgrade, add to, or discontinue the Service or any portion or feature thereof at any time without notice. Qooshi also reserves the right to assign or transfer this Terms of Service Agreement, in whole or in part, without restriction.

5. Registration
You must register to access and use the Service. If You are registering on behalf of a company, by registering You agree that You have the requisite authority to register on behalf of such company. You may register third parties as additional users of the Service within Your account. You are responsible for the compliance with these Terms of Service of such third parties.

You agree and acknowledge that Your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as Your account allows.

You represent that any information You provide during registration or at any time thereafter is true, accurate and complete and that You will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so shall constitute a breach of these Terms of Service. You shall be responsible for maintaining the confidentiality of Your password, and will be solely liable for all actions taken via Your account and under Your password, whether or not made with Your knowledge or authority.

By registering, You agree that You will use the Service only for the purposes advertised on the Qooshi website or in other marketing material published by Qooshi, that You are a valid business desiring to use the Service to advertise Your business and generate online reservations, appointments, subscriptions, enrolments, purchases from consumers using the Service, and that any contact information You provide, such as email addresses and phone numbers, is valid and active contact information for You.

6. Fees; payment terms
You agree to pay all charges as set forth on the Site and / or on pages accessed through the “account” section of Your Qooshi account, and / or in these Terms of Service. You agree that the address and email address You provide in Your account settings are valid business addresses and that Qooshi may invoice You at such addresses or through other electronic or facsimile communications.

Any fee invoiced to You by Qooshi is exclusive of all taxes, levies, or duties imposed by taxing authorities, with the sole exception of UK HMRC if You are located in United Kingdom. You shall be responsible for payment of all such taxes, levies, or duties, excluding only UK taxes based solely on Qooshi’s income.

All fees paid to Qooshi by You pursuant to these Terms of Service are nonrefundable.

Qooshi reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the Qooshi website and will be effective immediately.

7. Payment authorization; invoicing
Qooshi may charge you with immediate and / or recurring fees.

Immediate fees include one-off fees and / or the first instalment of a recurring fee. Immediate fees are charged to your Qooshi account and withheld upon your request to withdraw funds to your nominated Paypal account. The “My account” section will show such fees for your review. Immediate fees are non refundable.

Once an amount has been charged to Your Paypal account, it is not refundable.

8. Credits
You may purchase credits to enable additional services provided by Qooshi, including but not limited to the sending of SMS messages, faxes and emails. Purchased credits are assigned exclusively to Your account, and are not transferable.

Credits are used whenever Qooshi performs specific actions according to the settings that You have configured in Your account. These actions include the sending of SMS messages, faxes or emails. The number of credits used for each action is advertised in the "My account” section and can change at any time.

Unused credits are refundable. To claim a refund of unused credits you must contact us via the Site. Used credits are not refundable. Unused credits expire 2 years after the last time You purchased credits.

Due to the nature of mobile networks, it is not possible to guarantee a timely delivery of SMS messages. Messages can get lost or delayed, for various reasons outside our control. Qooshi cannot be held responsible for the loss or delay of SMS messages. We will use the appropriate number of credits (as advertised in the "account / Purchase credits" section of Your account) for the delivery of an SMS message only when we will receive an electronic receipt confirming that the message has been delivered to the mobile network of the recipient.

Due to the nature of email transmissions, it is not possible to guarantee that emails are actually received by the intended recipients. Emails may never reach the recipient's mailbox for various reasons outside our control, including but not limited to spam filtering, incorrect or changed addresses, recipient disk quotas. Qooshi cannot be held responsible for the failed or delayed delivery of emails, however when appropriate we or our partners will retry the delivery several times before giving up. We will use the appropriate number of credits (as advertised in the "My account” section) for the transmission of a group of emails as part of a marketing campaign when the emails are queued for delivery to the intended recipients.

9. Nonpayment
If, for whatever reason, Qooshi charges Your account pursuant to these Terms of Service, and the payment is not successful, Qooshi reserves the right to suspend Your access to the Service. If You fail to pay the applicable charge within 10 days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, Qooshi reserves the right to terminate Your account. In the event Qooshi terminates Your account for non-payment, all amounts due and unpaid from You to Qooshi for use of the Service shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this section, Qooshi reserves the right to seek payment using any remedies allowed to it by law.

10. Electronic communications
Qooshi reserves the right to contact You from time to time for feedback about the Service and for service and support related issues. We reserve the right to contact You through e-mail, facsimiles, text or voice messages, or notices posted on the Qooshi websites. Notices will be deemed effective at the time they are sent by Qooshi or as of date they are posted, regardless of whether You actually read any such notices.

You consent that any emails, surveys, other information or feedback You provide to Qooshi through the Service or via any other medium, except for Personally Identifiable Information, as defined in the Qooshi Privacy Policy, can be used by Qooshi in any manner, including but not limited to for testimonials, reviews and ratings on Qooshi or third party websites.

11. Account access
Qooshi reserves the right to access any or all Your accounts in order to respond to Your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Your data. We will not disclose Your data except if compelled by law or if permitted by You.

12. Intellectual property
We grant You a license to use the Service in accordance with these Terms of Service. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, or make the Service available to third parties. We reserve all rights not expressly granted in these Terms of Service.

We retain all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks , registered trademarks or service marks contained in or relating to the Service (collectively the “Qooshi Intellectual Property”) that are the exclusive property of Qooshi and/or its licensors. We do not transfer any rights in or to the Qooshi Intellectual Property to You.

Content of the Service that incorporates or includes any of the Qooshi Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Qooshi or the rightful owner, as applicable.

The name Qooshi and the various logos used or displayed on the Service are trademarks of Qooshi and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Qooshi products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.

13. Cookies
Similar to other commercial websites, our Service utilises a standard technology called “cookies” and web server logs to collect information about how our Service is used and to improve our Service. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent using the Service, and the websites visited just before and just after your use of our Service. Cookies do not allow us to gather any personal information about you and we do not generally store any personal information that you provided to us in your cookies.

 

14. User warranties
By using the Service, You warrant that any information that you contribute regarding the services or goods that You provide, including their availability and their price, is accurate at all times.

By using the Service, You warrant that You will use the Service only for the purposes advertised on the Qooshi website, that You are a valid business desiring to use the Service to advertise Your business and generate online bookings, reservations, subscriptions, enrolments and purchases from customers using the Service, and that any contact information You provide, such as email addresses and phone numbers, is valid and active contact information for You.

Any breach of this section will result in termination of Your account. We reserve the right to pursue any remedies available to us at law or in equity for any breach of this Section.

15. User responsibilities

You are responsible for ensuring that You can fulfill all reservations, bookings, purchases and subscriptions made through the Service and for communicating changes directly to Your customers. You are responsible for managing availability for the online scheduling of appointments and reservations including settings for staff, resources and services provided, bookable days and times for staff, resources and services provided, and lead times as may be appropriate to prevent double-bookings and other events which would adversely affect Your customers and their experience with the Service. You are responsible for reviewing Your online appointments and reservations often and regularly. If You cannot honor any appointment or reservation made through the Service, You agree to promptly communicate such change to the relevant customers. You are responsible for charging customers' Paypal accounts only under explicit authorization by the customer.

16. Use of the Service

You may not use the Service in any manner that is illegal or harmful to the Service. Among other restrictions, You agree that You shall not, nor shall You allow any third party to:

Use the Service through unauthorized interfaces or protocols;
Transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable;
Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Service or Service software (except as applicable law expressly permits);
Remove, obscure or alter any notices or indications of rights in or to the Qooshi Intellectual Property;
Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any Qooshi servers;
Take any action that imposes an unreasonable or large load on our infrastructure;
Upload invalid data, viruses, worms, or other harmful software to the Service;
Use automated means, including spiders, robots, crawlers, data mining tools, scripts applications or the like to download or upload data from or to the Service, or to access the Service in any form, unless expressly permitted by Qooshi;
Use the Service in a way that disables the Service or prevents or inhibits anyone from using the Service, or degrades the performance of the Service; or
Impersonate any person or entity in order to use, or through use of, the Service.

17. Copyright infringement
If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Service, please notify us immediately. You must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that You claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Qooshi website;
Information reasonably sufficient to permit Qooshi to contact You, such as Your address, telephone number, and e-mail address;
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to our legal address:

FastForward
7 Vigor Close
West Malling
ME19 6FS
United Kingdom

18. User submissions
Materials, including but not limited to text, software, data, images, graphics, photos of Service, audio, audiovisual, videos, and content of any nature provided by Qooshi (“Content”) or by other users of the Service (“User Submissions”) to the Service website is owned by the party contributing such content.

As a user of the Service, You are solely responsible for Your own User Submissions. By transmitting Your User Submissions, You represent that You have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. In connection with Your User Submissions, You agree that You will not submit material that is or contains the intellectual property of a third party that You do not have permission to use.

You shall retain all of Your ownership rights in Your User Submissions; however, by submitting material to Qooshi, You grant Qooshi the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with the Service and Qooshi’s business, and to grant these rights to others. To the extent You do not have ownership rights to any of Your User Submissions, You shall indemnify Qooshi for any claim regarding Qooshi’s use of Your User Submissions.

Qooshi does not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential. When using the Service, You may be exposed to User Submissions from a variety of sources, and Qooshi is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.

19. Data retention
Qooshi shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User submission.

In the event this Agreement is terminated (other than by reason of Your breach), Qooshi will make available to You a file of Your User submissions within 30 days of termination if You so request at the time of termination, before deleting Your account.

Qooshi reserves the right to withhold, remove and/or discard User submission without notice for any breach, including, without limitation, non-payment. Upon termination for cause, Your right to access or use Your User submission immediately ceases.

20. Links to third party sites
The Site may contain links to other websites ("Linked Third Party Sites"). Qooshi does not endorse, or approve of the operators of the Linked Third Party Sites or the information, graphics and material on those Linked Third Party Sites. ("Linked Third Party Material").

Qooshi is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement or approval of the site.

Subject to any applicable law, which cannot be excluded, Qooshi makes no warranties or representations:

regarding the quality, accuracy, merchantability or fitness for purpose of the Linked Third Party Material or products or services available through the Linked Third Party Sites; or
that the Linked Third Party Material does not infringe the intellectual property rights of any person; or
that it is authorising the reproduction of Linked Third Party Material by linking Material on this Website to Linked Third Party Material.

21. Cancellation and termination
You are responsible for properly cancelling Your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time through “My account” section. There are no other means of cancelling Your account. In particular, written or oral request to us to cancel your account does not constitute the cancellation of your account.

You will lose access to all of Your content upon cancellation and we will delete it in our normal course of business operations. This information cannot be recovered once your account is cancelled. If You cancel the Service, the credit in Your account will be transferred to a Paypal account provided by You.

Qooshi reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if Qooshi believes that You have violated these Terms of Service.

Qooshi will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account.

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities.

Qooshi shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.

22. Disclaimer of warranties
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND Qooshi EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT Qooshi DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM Qooshi OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

23. Limitation of liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL Qooshi BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, Qooshi SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS, WHICHEVER IS LOWEST. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE Terms of Service BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

24. Sole remedy
Your only remedy for any dispute with Qooshi is to stop using the Service.

25. Jurisdiction
The English Courts will have exclusive jurisdiction over any claim arising from or related to your use of the Service. English Law will apply to these User Terms.

26. No waiver
A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.

Copyright ©2011, Qooshi

 
 
 

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