1. Use of the Platform
Subject to these Terms, Checkfront grants you a personal, revocable, non-exclusive and non-transferable license during the Term to use the Platform. You are responsible for configuring the Platform and ensuring it meets the needs of your business.
You will not, and will not permit anyone else to, without Checkfront’s prior written permission:
- use the Platform for purposes other than the Platform Services;
- “frame”, “mirror” or otherwise incorporate any part of Platform on any website, except as necessary to inline frame on your own website Customer-facing booking webpages provided to you by Checkfront;
- access, monitor modify, copy or distribute any part of the Platform using any automated means or any manual process;
- violate the restrictions in any robot exclusion files on the Platform or circumvent other measures employed to prevent or limit access to the Platform;
- remove any watermarks, labels or other legal or proprietary notices included in the Platform;
- attempt to modify the Platform, including disguising or changing any indications of the ownership or source of the Platform;
- license, sublicense, resell, assign, distribute, or otherwise commercially exploit or make the Platform available to any third party, other than as expressly permitted by these Terms;
- use the Platform in any manner that interferes with the integrity or performance of the Platform;
- use the Platform as part of any service for sharing, lending, or on behalf of any other person or entity, except to the extent permitted herein;
- attempt or assist others to circumvent, disable or defeat any of the security features or components that protect the Platform;
- create adaptations, translations, or derivative works based on the Platform or decompile, disassemble, reverse engineer or otherwise exploit any part of the Platform;
- use the Platform in a manner that violates third party intellectual property rights;
- upload to or transmit through the Platform anything that is offensive, hateful, obscene, defamatory or violates any laws; or
- use the Platform to send unsolicited electronic messages (and nothing in these Terms will be construed as Checkfront permitting or causing you to send electronic messages using the Platform).
Checkfront may deny to anyone use of the Platform at any time and for any reason. You will cease and desist from using the Platform immediately upon request by Checkfront.
2. Registration & System Accounts
If you register for an account on the Platform, you agree to maintain the security and confidentiality of your password and access keys and maintain and promptly update any information you provide to Checkfront. You are responsible for all activities that occur through your Checkfront account, and for all charges incurred therefrom. Your login may only be used by one person; provided that you may create separate logins for as many people as your Subscription allows. You are responsible for ensuring all such persons adhere to these Terms.
3. Data Protection, Ownership & Confidentiality
When processing Reservations or Fees, we may disclose personal and transactional information to third party payment gateways or other associated services (see Addons). We may access and retain Your Data and accounts to provide services to you or to manage its business, provided that we will not retain personal information of your customers or employees or detailed financial information of your business. We may also archive Your Data for historical reporting.
You may export Your Data at any time. Once Your Data has left the Platform, it is no longer covered by our privacy and security policies. When your account is closed, Your Data is removed from the Platform and is no longer accessible to you.
Storing credit card details in the system is strictly prohibited and is contrary to our obligations with respect to the Payment Card Industry Data Security Standard (PCI DSS). You agree not to store credit card information anywhere on the Platform. To accept or process payments via the Platform, You must use one of the certified payment gateways listed on our Website.
4. Hosting, Security & Availability
Checkfront takes reliability and security very seriously. More information about our security technologies is available at checkfront.com/security.
However, no system is perfectly secure or reliable and Checkfront does not warrant that the Platform will be secure or available. The Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. Checkfront does not warrant or guarantee the confidentiality of any communications made by you through the Platform, that the Platform is compatible with your computer system or that the Platform, or any links therein, will be free of viruses, worms, trojan horses or disabling devices or other destructive or contaminating code.
You accept all of these risks and are responsible for implementing safeguards to protect the security and integrity of your computer system. You are responsible any costs incurred by you as a result of your use of the Platform.
5. Fees and Billing
Charges for the use of the Platform (the “Fees”) are described on our website. You agree to pay all Fees (and applicable taxes) related to your use of the Platform in accordance with the payment terms set out on the Platform. Checkfront may change Fees and payment terms, promotions, referral programs or other fee credit programs at any time. If we change the Fees, we may give you at least 30 days’ notice, and we may apply such changes to your account at a later date. If you disagree with any such changes, do not use the Platform after the change becomes effective. Checkfront may also provide special pricing to certain users that is different than the publicly displayed Fees.
Downgrading or choosing another Subscription may cause you to lose content, features or capacity. Checkfront does not accept any liability for such loss.
6. Customer Service & Support; Submissions
We reserve the right to change our support terms or cease to provide support at any time without notice to you. We may refuse support, or charge you for excessive requests, requests not covered by your Subscription, overly complex configurations or requests outside of the understanding of our support staff.
Certain Platform users may use our community support forum to post questions and find answers related to the Platform. If authorized to use the community support forum, you will use it accordance with these Terms.
By submitting content to the Platform or to Checkfront (collectively, “Submissions”), you grant Checkfront a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, translate, distribute, publish, exploit, create adaptions or derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised. You further grant Checkfront the right to pursue at law any person or entity that violates your or Checkfront’s rights in the Submissions. Submissions are non-confidential to you and may be used by Checkfront or shared with others without notice to you. Checkfront may take down any Submissions for any reason at any time without notice to you.
Checkfront takes no responsibility for your Submissions. Checkfront has no obligation to post your Submissions. In providing and posting Submissions, you will be solely liable for any resulting damages or harm.
If you do not agree to the terms relating to Submissions in this Section, do not provide us with any Submissions.
7. Account Cancellation and Suspension
You are responsible for properly cancelling your account in accordance with the applicable terms on the Platform (available at checkfront.com/support/docs/accounts/closing-your-account) . You are responsible for any Fees charged to your account until it is properly cancelled.
Checkfront may without any notice or liability to you: (1) terminate or suspend your license to use any portion of the Platform and the rights of any third party to which you have granted access through the #Checkfront API; (2) change, suspend or discontinue any part of the Platform; or (3) impose limits on your use of the Platform.
8. Third-Party Sites & Services
The Platform contains links and provides integrations to third-party web sites and services (“Third-Party Sites”). Your use of Third-Party Sites and any content or service provided therein (“Third-Party Content”) is at your own risk.
Checkfront makes no guarantee or warranty regarding Third-Party Content or Third-Party Sites, provides such links and integrations only as a convenience and accepts no responsibility for reviewing Third-Party Content or Third-Party Sites.
You agree to review the applicable terms and policies of any Third-Party Site and make all appropriate investigations before proceeding to or engaging with the Third-Party Site and Third-Party Content.
9. Checkfront API
This Section applies to you if you are: (1) a Subscriber, developer or operator of a website or application (“Checkfront Interface”, and such developer or operator, an “Interface Developer”) who wishes to use or procure a third party to use the Checkfront API; or (2) using a plugin or other extension that integrates the Platform into an external application, tool or website.
If you procure a third party to use the Checkfront API, you are responsible for such third-party’s compliance with this Section to the same extent as if you were using the Checkfront API yourself.
Checkfront grants you a limited, revocable, non-exclusive, non-sublicensable license to use the Checkfront API as provided by Checkfront, in the manner permitted by these Terms. Such license does not license any Subscriber content or other content to you. If you wish to use your Checkfront Interface to display or deliver any Subscriber content, you must obtain the prior agreement of and a license from that Subscriber for such use.
When using the Checkfront API, you may not:
- attempt to interfere in any manner with the proper workings of the Checkfront API, or create or distribute any Checkfront Interface that adversely affects the functionality or performance of the Platform or adversely impacts the behavior of other applications using the Checkfront API;
- misrepresent your identity or intentions when communicating with us, use the developer credentials licensed to a different individual or entity, allow your credentials to be used by others, or mask your usage of the Checkfront API;
- use the Checkfront API in any manner or for any purpose that violates any law or any right of any person;
- circumvent or render ineffective any IP address-based functionality or restriction imposed by the Platform;
- build conversion functionality that converts content from the Platform to a competing product or service; or
- at any time you are operating your Checkfront Interface, solicit, interfere with or endeavour to entice away from us any of our Subscribers.
You will carefully monitor your use of the Checkfront API and ensure that it remains within reasonable operational limits for your own server capacity and for ours. We may impose or adjust the limit on the number of transactions you may send or receive through the Platform at any time.
Checkfront has no responsibility for any content obtained through the Checkfront API or any data has been transmitted outside of the Platform. It is your responsibility to ensure the proper safeguards are in place. If you are a Subscriber, you will consider carefully whether to give an Interface Developer access to your content through the Checkfront API. If you wish to revoke access to your content through the Checkfront API, you should change your Checkfront API key or revoke authorization of the Checkfront Interface to your content.
10. Professional Services
Checkfront may make available to you “pay as you go support”, system configuration, platform customizations and other consulting and professional services not otherwise included as part of our Subscriptions (“Professional Services”). Checkfront grants you a limited, revocable, non-exclusive, non-sublicensable license to use the deliverables provided as part of the Professional Services (the “Deliverables”). All other rights, title and interest in and to, the Professional Services and Deliverables are expressly reserved by Checkfront. You will not re-sell, license or misrepresent Deliverables as your own.
Fees for Professional Services are not refundable unless otherwise specified by us in writing. We may require a non-refundable deposit or payment in full before beginning or completing any Professional Services and may delay, suspend or cease to provide Professional Services at any time without any liability to you.
We make no warranties, conditions or guarantees regarding the quality or delivery of Professional Services, their suitability for your intended uses.
11. E-Signature and Storage Solution
Checkfront may make available to you an e-signature and storage solution checkfront.com/waivers (the “E-Signature and Storage Solution”). You agree that Checkfront provides the E-Signature and Storage Solution solely:
- for you to obtain signatures electronically; and
- for temporary storage of documents as per your plan allowance.
- Checkfront does not guarantee or warrant that the E-Signature and Storage Solution can be used to create binding or legally-enforceable contracts in any jurisdictions; and
- you remain responsible for regularly downloading and retaining copies of all stored documents.
12. Ownership; Logos and Trademarks
Subject to your compliance with these Terms and any trademark or intellectual property policies and guidelines made available to you from time to time, Checkfront grants to you a personal, revocable, non-exclusive and non-transferable license to use the Checkfront trade-marks and logos located at checkfront.com/logos (the “Checkfront Trademarks”) solely to the extent required to identify yourself as a Subscriber and for no other purpose. You will:
- not attempt to claim ownership of the Checkfront Trademarks or incorporate any of them within your names or offerings;
- only use the Checkfront Trademarks in the form and manner as prescribed from time to time by Checkfront;
- refrain from doing or causing to be done any act which may jeopardize or adversely affect the validity, enforceability or distinctiveness of the Checkfront Trademarks or Checkfront’s title to the Checkfront Trademarks; and
- upon termination of these Terms, ceasing to be a Subscriber or upon Checkfront’s request, immediately cease to use the Checkfront Trademarks and subsequently refrain from displaying the Checkfront Trademarks or any mark which is similar to or confusing with any of the Checkfront Trademarks.
Checkfront expressly reserves all rights in the Platform (including the Checkfront Trademarks) that are not specifically granted to you. You acknowledge that all right, title and interest in the Platform and any update, adaptation, translation, customization or derivative work thereof will remain with Checkfront and its third party suppliers, and that the Platform is licensed and not “sold” to you.
13. Limitation of Liability
Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) will Checkfront 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, Checkfront will not be liable for any direct damages, costs, losses or liabilities in excess of the monthly service fee paid by you for the 12-month period preceding the time that the claim arose.
You and we agree that the limitations in this Section correctly allocate the risks between the parties, and you and we have relied on these limitations in determining whether to enter into these Terms and provide use of the Platform for the applicable Fees. The limitations in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
The platform are provided “AS IS” and “AS AVAILABLE”. Use of the platform is at your own risk. Checkfront does not make any representations, warranties or conditions of any kind, including about the quality, accuracy, reliability, completeness, currency, or timeliness of the platform. The platform may include errors, omissions and inaccuracies, to the maximum extent permitted by applicable law. Checkfront does not assume any responsibility for any errors, omissions or inaccuracies in the platform.
To the fullest extent permitted by applicable law, Checkfront disclaims all warranties, representations and conditions of any kind with respect to the platform whether express, implied, statutory or collateral, including implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose and non-infringement, or any warranties or conditions arising out of course of dealing or usage of trade, or that the platform is or will be error free or will operate without interruption. Checkfront makes no representation, condition or warranty that your use of the platform will comply with applicable laws, including privacy and anti spam laws.
You agree to defend, indemnify and hold harmless Checkfront and all of its officers, directors, affiliates, successors, assigns, contractors, employees and agents from and against any liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind brought in connection with or as a result of:
- your breach of these Terms or any documents referenced herein;
- your violation of any applicable law (including any law, regulation or order related to privacy or anti-spam) or the rights of a third party (including privacy or intellectual property rights);
- your use of the Platform (including any electronic messages sent, caused or permitted to be sent by you);
- your breach of or failure to honor any Reservation; or (5) any misrepresentations made to a Customer by you.
15. General Terms
Amendment and Waiver: These Terms will not be deemed waived by us, or amended or modified by you, unless such waiver, amendment or modification is in writing and signed by Checkfront. Our failure to enforce any of the provisions of these Terms will in no way be construed to be a waiver of such provisions, nor in any way affect the ability of Checkfront to enforce such provision thereafter.
Modifications: Checkfront may modify the Platform or these Terms at any time without notice to you. It is your responsibility to periodically review our Website for any changes and ensure that you understand and are in full compliance of these Terms. Your continued use of the Platform after any changes to these Terms indicates your acceptance of such changes.
Assignment: Checkfront may assign, transfer or subcontract its rights and obligations under these Terms (including any services or deliverables provided pursuant to these Terms), in whole or in part, without restriction.
Severability: If any provision of these Terms is unenforceable or invalid for any reason whatever, such unenforceability or invalidity will not affect the enforceability or validity of the remaining provisions of these Terms and such provision will be severable from the remainder of these Terms.
English Language: It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
Entire Agreement: These Terms constitute the entire agreement between Checkfront and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals between you and Checkfront with respect to the Platform. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Term and Termination: These Terms will commence on the day you first use the Platform and will continue in force until terminated by either party (the “Term”). Either party may terminate these Terms as follows: (1) Checkfront may terminate these Terms at any time and with immediate effect by giving notice to you, at Checkfront’s discretion, at your current email address on file with Checkfront or through the Platform; and (2) you may terminate these Terms at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Platform) that your user account be deleted and uninstalling and removing all local software components thereof.
Survival: All rights and obligations of you and us which expressly or by their nature survive termination of these Terms will continue in full force and effect subsequent to such termination until they are satisfied or otherwise expire.
17. Governing Law
These Terms will be governed exclusively by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, excluding any conflict of law rules. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You hereby consent to the exclusive jurisdiction and venue of Courts in Victoria, British Columbia in all disputes arising out of or related to these Terms.
18. Questions and Comments
If you have any questions regarding these Terms or your use of the Platform, please contact us at:
844 Courtney Street, 4th floor
Victoria, BC, Canada, V8W 1C4
19. Apple App Store Additional License Terms
If your access to the Platform is provided through an Application that is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:
The parties acknowledge these Terms are concluded between you and us, and not with Apple. The responsibility for the Application and content thereof is governed by these Terms.
Notwithstanding anything else in these Terms, you may use the Application provided through Apple only on an iPhone or iPod touch that you own or control.
You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Application.
In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms.
Any claim in connection with the Application related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation is governed by these Terms, and Apple is not responsible for such claim.
Any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights will be governed by these Terms, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.
You represent and warrant that you are not: (1) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (2) listed on any U.S. Government list of prohibited or restricted parties.
You may contact us in writing regarding any notices, questions, complaints, or claims with respect to the Application:
844 Courtney Street, 4th floor
Victoria, BC, Canada, V8W 1C4
Apple is a third party beneficiary to these Terms and may enforce these Terms against you. If any of the terms and conditions in these Terms are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement or the App Store Terms of Service, the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
20. Google Play Terms
If the Application is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms: (1) You acknowledge that Google is not responsible for providing support services for the Application; and (2) if any of the terms and conditions in these Terms are inconsistent or in conflict with Google’s Google Play Developer Distribution Agreement as of the date these Terms were accepted, the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.