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Terms of Use for Authorized Users

Last Revised: Oct 11, 2022

Checkfront Inc. and our Affiliates or subsidiaries, as applicable (“we“, “us“, “our“, and similar expressions), are granting you access to the Platform (as defined below) on behalf of our Customer (as defined below) to use the Platform for the Customer’s business purposes. This means you are an Authorized User as that term is defined in the Master of Service applicable to the Customer, which can be found by clicking here (the “Master Terms of Service”).  

Please read these Terms of Use for Authorized Users (the “Authorized User Terms “) carefully. By using the Platform and accessing an Account (as defined below), you are agreeing to these Authorized User Terms.

Interpretation

  1. In these Authorized User Terms, the following defined terms have the meanings below:
    1. “Affiliates” are companies or entities that are owned by another company or entity or that have the same owner or corporate parent.
    2. “Authorized User” has the meaning given in the Master Terms of Service. 
    3. “Customer” means our customer to which we have granted access to the Platform under the agreements made in the Master Terms of Service, and is the same legal entity that has granted you access to the Platform as an Authorized User.
    4. “Platform” means the Company’s web-based bookings, real-time calendar availability,
      payment processing, and instant email confirmations software that is to be used by the Customer and is hosted by the Company and its associated App or API. The term “Platform” includes the Documentation and any modifications, enhancements, APIs, integrations, or related applications, including any that are further described in any applicable Order. 
  2. For purposes of these Authorized User Terms: (a) the words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) the words “herein”, “hereof”, “hereby”, “hereto” and “hereunder” refer to the Authorized User Terms as a whole; and (d) whenever the singular is used, the same will include the plural, and, whenever the plural is used, the same will include the singular, where appropriate. The definitions given for any defined terms will apply equally to both the singular and plural forms of the terms defined.
  3. The headers and any sidebar text are provided only to make these Authorized User Terms easier to read and understand. The fact that we wrote these Authorized User Terms will not affect the way our agreement with you is interpreted.

Access to the Platform and Accounts 

  1. To access and use the Platform, you must register for an account with us through the registration process available in the Platform, on our website, through our authorized support personnel, or the other means of creating an account we provide to you (an “Account“). To create an Account, you may need to provide your full legal name, current address, phone number, a valid email address, and any other information we require. We may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
  2. You must be the older of 18 years or the age of majority in the jurisdiction where you reside and from which you use the Platform to open an Account.
  3. You may not sign up for, or have any access to, an Account if doing so would violate any applicable laws or regulations of Canada or the laws and regulations of any jurisdiction applicable to you.
  4. You shall not open or maintain more than one Account at any one time for the same Customer nor may you share your Account with any other person.
  5. By signing up for an Account, you represent and warrant that you meet the conditions for having an Account with us and acknowledge that we are relying on this representation and warranty. 
  6. You acknowledge that we will use the email address you provide when you open an Account or as updated by you from time to time as the primary method for communication with you regarding your Account and use of the Platform. We may also contact you through the communication methods provided within the Platform. 
  7. You are responsible for keeping your Account secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account, including any password or single sign-on integration you use to access your Account.
  8. If the Customer advises us that you are no longer an Authorized User, we may terminate the Account. Once your Account is terminated, you acknowledge and agree that we may permanently delete your Account and all the data associated with it. You agree to not use your Account or to access the Platform once the Customer revokes your status as an Authorized User. 
  9. Technical support regarding the Platform is only provided to Authorized Users and other authorized Customer representatives through the support tools and contact methods provided through the Platform or otherwise made available by us.

Access to the Platform is subject to these Authorized User Terms and other Terms and Conditions

  1. You acknowledge and agree that your Account is meant only for use by you as an Authorized User of the Customer and for no other purpose, and your use of the Account is subject to these Authorized User Terms and the Master Terms of Service. You agree to use the Platform in accordance with the Master Terms of Service. Additionally, your use of the Platform is subject to our Privacy Policy and any of our other applicable terms, conditions, or policies we present to you from time to time. You must read, agree with, and accept all of the terms and conditions contained or referenced in these Authorized User Terms.  
  2. You can review the current version of the Authorized User Terms and any additional applicable terms at any time at our website or within the Platform. You acknowledge and agree that we may amend the Authorized User Terms at any time by posting an updated version of the applicable terms on our website or within the Platform. All such amendments to the Authorized User Terms are effective as of the date of posting. Your continued use of your Account and the Platform after the amended Authorized User Terms are posted means you have agreed to the changes. If you do not agree to any changes to the Authorized User Terms, do not continue to use your Account or the Platform.
  3. A breach or violation of any term in the Authorized User Terms or additional terms referenced in them, as determined in our sole discretion, may result in an immediate termination of your access to the Platform and your Account.

Privacy, Content, and Data

  1. Your privacy is important to us. Please read our Privacy Policy as it describes the types of data we collect from you and your devices (“Data“), how we use your Data, and the legal bases we have to process your Data.
  2. All content, including photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted, or exhibited on or in connection with your Account or your use of the Platform (“User Materials“) are “Customer Data” under the Master Terms of Service, which means User Materials are owned by the Customer in accordance with the Customer Terms of Service and are otherwise subject to the terms of the Customer Terms of Service. 

General Rules and Abuse

  1. You may not use the Platform or your Account for any illegal or unauthorized purpose nor may you, in the use of the Platform, violate any laws in your jurisdiction, or the federal and provincial laws of Canada generally. You will comply with all applicable laws (including privacy laws), rules, and regulations in your use of the Platform.
  2. You may not use the Platform or your Account to promote or incite harm toward others or in a way that promotes hateful, discriminatory, illegal, or harassing content. We may suspend or terminate your Account if, in our sole opinion, you are using the Platform in a way that, directly or indirectly, violates this section.
  3. You agree to not reproduce, reverse engineer, decompile, hack, disable, interfere with, modify, duplicate, copy, sell, resell, translate, or exploit any portion of the Platform without our express written permission.
  4. You agree to not upload to, or transmit from, the Platform or your Account any content (including User Materials) that contains or redirects to a virus, Trojan horse, worm, or other harmful component.
  5. You agree to not access or use the Platform or your Account to build or create a competitive service or to build a product or service using similar ideas, features, functions, or graphics of the Platform, or otherwise copy any ideas, features, functions, or graphics of the Platform.
  6. You agree to not permit any unauthorized access to, or use of, the Platform or your Account and, in the event of any such unauthorized access or use, to promptly notify us.
  7. You agree to not create an undue burden on the Platform in a manner that poses or has the potential to pose significant harm to the Company’s other customers or internal systems.
  8. You agree to not send or store false, infringing, obscene, threatening, or otherwise unlawful or tortious material, including material that violates privacy rights, through the Platform.
  9. The Platform may allow you to send or receive certain communications to others by electronic means (“Electronic Communications“). You will only use the Electronic Communications features in the Platform in compliance with the Customer Terms of Service and these Authorized User Terms and the laws of the jurisdiction from which you send messages and in which your messages are received, including any “anti-spam” laws and regulations.

Feedback

  1. It is our policy not to accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing on our own. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you agree that you give us a royalty-free, irrevocable, transferable right, and license to use all reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to us in connection with your use of the Platform (collectively, “Submissions“) in however manner we desire and for whatever purpose, including without limitation, to copy, modify, delete, adapt, publish, translate, create derivative works from, sell, profit from, or distribute such Submissions or incorporate such Submissions into any form, medium, or technology (including the Platform) throughout the world.
  2. We are under no obligation to compensate you in any way for Submissions, to maintain any Submissions in confidence, or to respond to any Submissions. You agree that any Submissions submitted by you to us will not violate the right of any third-party, including without limitation, copyright, trademark, privacy, or other personal or proprietary rights, and will not cause injury to any person or entity. You further agree that no Submissions submitted by you to us will be or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT (I) YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF THE PLATFORM AND YOUR ACCOUNT, (II) WE AND, AS APPLICABLE, OUR PARENT COMPANY, SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES, EVEN IF THEY ARE BASED ON NEGLIGENCE OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, AND (III) IN ANY CALENDAR MONTH, OUR TOTAL LIABILITY TO YOU ARISING UNDER OR IN CONNECTION WITH THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, WILL BE NO MORE THAN $100. FOR THE AVOIDANCE OF DOUBT, IN NO INSTANCE WILL WE AND, AS APPLICABLE, OUR PARENT COMPANY, SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SUPPLIERS BE LIABLE FOR ANY LOSSES OR DAMAGES YOU SUFFER IF YOU USE THE PLATFORM OR YOUR ACCOUNT IN VIOLATION OF THESE AUTHORIZED USER TERMS, REGARDLESS OF WHETHER WE TERMINATE OR SUSPEND YOUR ACCOUNT DUE TO SUCH VIOLATION.