TERMS OF SERVICE
Last updated January 30, 2024
AGREEMENT TO OUR LEGAL TERMS
We are The Experience Digital Marketing Pty Ltd ("Company," "we," "us," or "our"), a company registered in Perth, Australia. We operate the website http://www.bookedbybrunch.com ("Site"), as well as any other related products and services that refer or link to these legal terms ("Legal Terms") (collectively, the "Services").
We provide bespoke AI solutions for clients, with access to an online dashboard allowing them to monitor KPIs and conversation history. You can contact us by email at [email protected]
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and The Experience Digital Marketing Pty Ltd, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you at info@bookedbybrunch. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PURCHASES AND PAYMENT
5. PROHIBITED ACTIVITIES
6. USER GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. SERVICES MANAGEMENT
9. PRIVACY POLICY
10. TERM AND TERMINATION
11. MODIFICATIONS AND INTERRUPTIONS
12. GOVERNING LAW
13. DISPUTE RESOLUTION
14. CORRECTIONS
15. DISCLAIMER
16. LIMITATIONS OF LIABILITY
17. INDEMNIFICATION
18. USER DATA
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
20. CALIFORNIA USERS AND RESIDENTS
21. MISCELLANEOUS
22. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA)). If your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws.
The Content and Marks are provided "AS IS" for your internal business purposes only. Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes.
Your Use of Our Services
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your Submissions
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for your Submissions and expressly agree to reimburse us for any and all losses we may suffer because of your breach of this section or applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
1. You have the legal capacity and you agree to comply with these Legal Terms.
2. You are not a minor in the jurisdiction in which you reside.
3. You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
4. You will not use the Services for any illegal or unauthorized purpose.
5. Your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. PURCHASES AND PAYMENT
All purchases are non-refundable. We accept the following forms of payment:
• Credit/Debit Cards
• Bank Transfers
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as required by law. All payments shall be in USD ($). You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Services
5. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
1. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
5. Use any information obtained from the Services in order to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the Services in a manner inconsistent with any applicable laws or regulations.
8. Upload or transmit viruses, Trojan horses, or other material that interferes with the use, features, functions, operation, or maintenance of the Services.
9. Engage in unauthorized framing of or linking to the Services.
10. Use a buying agent or purchasing agent to make purchases on the Services.
11. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.
12. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
6. USER GENERATED CONTRIBUTIONS
The Services do not offer users the ability to submit or post content. However, you may choose to provide us with feedback, suggestions, or ideas about the Services. By submitting such contributions, you agree that we can use and share your feedback for any purpose without compensation to you.
7. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
8. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
1. Monitor the Services for violations of these Legal Terms.
2. Take appropriate legal action against anyone who violates the law or these Legal Terms.
3. Refuse, restrict access to, or disable your access to the Services for any reason.
4. Remove or disable files and content that are excessive in size or burdensome to our systems.
5. Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
9. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.bookedbybrunch.com/privacy-policy . By using the Services, you agree to be bound by our Privacy Policy.
10. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
We may terminate your use or participation in the Services or delete your account at any time without warning, in our sole discretion.
If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name or a fake or borrowed name.
11. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.
12. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of the Australia, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
13. DISPUTE RESOLUTION
Any dispute arising from these Legal Terms shall be determined by one arbitrator, chosen in accordance with the Arbitration and Internal Rules of the Australian Federal Court. The arbitration seat is in Perth, Australia, and the language of the proceedings is English.
14. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct such errors and update the Services at any time.
15. DISCLAIMER
The Services are provided on an "AS-IS" and "AS AVAILABLE" basis. You agree that your use of the Services will be at your sole risk.
16. LIMITATIONS OF LIABILITY
We will not be liable for any indirect, consequential damages, including lost profit or data, arising from your use of the Services.
17. INDEMNIFICATION
You agree to defend and indemnify us against claims, losses, or expenses arising from your use of the Services.
18. USER DATA
We perform routine backups but are not responsible for lost or corrupted data.
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
You agree to electronic communications and waive rights requiring original signatures or physical records.
20. CALIFORNIA USERS AND RESIDENTS
If unresolved, California residents can contact the Consumer Services Unit of the Department of Consumer Affairs at 1625 North Market Blvd., Suite N112, Sacramento, CA.
21. MISCELLANEOUS
These Legal Terms constitute the entire agreement between you and us. If any provision is invalid, the remainder of the terms remain in effect.
22. CONTACT US
To resolve complaints or questions about the Services, contact us at:
The Experience Digital Marketing Ltd
Email: [email protected]
