Terms of Service
Thank you for choosing iBooker for your business. When you use our products and services you’re agreeing to our terms, so please read these Terms of Service carefully as they contain important information regarding your legal rights and obligations. Certain capitalized words below are defined in Section 15 (Definitions).
iBooker provides online business management software services designed specifically for businesses in the beauty industry (“Software Service”). You can access our Software Service via the client login page on our Website and through our Apps.
These Terms of Service (“Agreement”) apply to any use of and access to our Software Service, Website or Apps (collectively, “Services”) by you and your Affiliates. By accessing or using the Services (or enabling an Affiliate to access or use the Services), you are indicating that you have read this Agreement and agree to be bound by its terms. If you do not agree with all of the terms of this Agreement, you may not access or use any Services.
This Agreement is effective (“Effective Date”) on the earlier of (a) the date you accept this Agreement by clicking an “I Agree” button or otherwise indicate that you accept this Agreement (including through an Order Form), or (b) the date you (or an Affiliate) first access or use the Services.
1. General Terms.
When you use our Services, you are entering into a legal agreement and you agree to all of these terms.
1.1. Agreement. This Agreement is a binding legal agreement between you and the applicable iBooker Entity indicated in Section 14.4 below (“iBooker”, “we”, “us” or “our”). If you enter into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that entity and its Affiliates to this Agreement, and all references to “you” and “your” in this Agreement are referring to that entity. You and iBooker are also sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties”.
You also agree to our Privacy Policy.
Our Privacy Policy explains how we collect and use information that’s submitted to the Services. By using the Services, you are indicating that you’ve read the Privacy Policy and agree to its terms.
You also agree to our Privacy Policy.
Our Privacy Policy explains how we collect and use information that’s submitted to the Services. By using the Services, you are indicating that you’ve read the Privacy Policy and agree to its terms.
You also agree to our Privacy Policy.
Our Privacy Policy explains how we collect and use information that’s submitted to the Services. By using the Services, you are indicating that you’ve read the Privacy Policy and agree to its terms.
2. Services.
When you use our Services, you are entering into a legal agreement and you agree to all of these terms.
1.1. Agreement. This Agreement is a binding legal agreement between you and the applicable iBooker Entity indicated in Section 14.4 below (“iBooker”, “we”, “us” or “our”). If you enter into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that entity and its Affiliates to this Agreement, and all references to “you” and “your” in this Agreement are referring to that entity. You and iBooker are also sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties”.
You also agree to our Privacy Policy.
Our Privacy Policy explains how we collect and use information that’s submitted to the Services. By using the Services, you are indicating that you’ve read the Privacy Policy and agree to its terms.
You also agree to our Privacy Policy.
Our Privacy Policy explains how we collect and use information that’s submitted to the Services. By using the Services, you are indicating that you’ve read the Privacy Policy and agree to its terms.
You also agree to our Privacy Policy.
Our Privacy Policy explains how we collect and use information that’s submitted to the Services. By using the Services, you are indicating that you’ve read the Privacy Policy and agree to its terms.
3. Your Responsibilities.
When you use our Services, you are entering into a legal agreement and you agree to all of these terms.
1.1. Agreement. This Agreement is a binding legal agreement between you and the applicable iBooker Entity indicated in Section 14.4 below (“iBooker”, “we”, “us” or “our”). If you enter into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that entity and its Affiliates to this Agreement, and all references to “you” and “your” in this Agreement are referring to that entity. You and iBooker are also sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties”.
You also agree to our Privacy Policy.
Our Privacy Policy explains how we collect and use information that’s submitted to the Services. By using the Services, you are indicating that you’ve read the Privacy Policy and agree to its terms.
You also agree to our Privacy Policy.
Our Privacy Policy explains how we collect and use information that’s submitted to the Services. By using the Services, you are indicating that you’ve read the Privacy Policy and agree to its terms.
You also agree to our Privacy Policy.
Our Privacy Policy explains how we collect and use information that’s submitted to the Services. By using the Services, you are indicating that you’ve read the Privacy Policy and agree to its terms.
13. Intellectual Property Policy.
Any information and data submitted to the Services must not violate the intellectual property rights of third parties.
13.1. iBooker respects the intellectual property rights of others and will investigate and respond to notices of alleged infringement that are properly submitted in accordance with our Intellectual Property Policy accessible below, as may be updated by iBooker from time to time. Any data or information submitted to the Services is subject to our Intellectual Property Policy.
Copyright claims.
Notices
Infringing someone else’s copyright is prohibited by our Terms of Service. We suggest you seek legal advice if you are unsure whether any material on the Services infringes your copyright. If you believe in good faith that any material available on the Services infringes your copyright, you (or your agent) may notify our designated Copyright Agent in writing at:
iBooker Ltd.
Copyright Department
Breznikova 15
Domzale, SI1230
legal@ibooker.eu
To be effective, your notice must be in writing and must include the following:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyrighted work claimed to have been infringed.
An identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the works claimed to have been infringed.
Identification of the material on our Services that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on our Services.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
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 the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may provide notice of alleged copyright infringement to our subscribers through our Software Service, by sending an email, or by written communication sent to the subscriber’s physical address contained in our records.
Counter Notices
If you receive a notice of alleged copyright infringement from us, you may elect to provide counter notification in writing to our Copyright Agent. To be effective, your counter notification must be provided in writing to our Copyright Agent and must include the following information:
Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address you provide is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the complaining party who provided us with a notice of infringement or an agent of such person.
Please do not make false claims of copyright infringement. Under the Digital Millennium Copyright Act, 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to monetary liability.
Trademark claims.
Notices:
Dostop, do urnika v aplikacij iBooker je lahko zaščiten z geslom. Geslo ureja pooblaščena oseba. iBooker ne sprejema odgovornosti za zlorabo aplikacije. Vsakršna zloraba urnika aplikacije iBooker
Infringing someone else’s trademark rights is prohibited by our Terms of Service. We suggest you seek legal advice if you are unsure whether any material on the Services infringes your trademark rights. If you believe in good faith that any material available on the Services infringes your trademark, you (or your agent) may notify us in writing at:
iBooker Ltd.
Legal Department
Breznikova 15
Domzale, SI1230
legal@ibooker.eu
You may be required by law to include certain information in your trademark infringement notice to us, therefore we suggest seeking legal advice prior to submitting a claim of this nature. At a minimum, your written notice should include the following:
▪ Your physical or electronic signature or that of the individual authorized to act on the trademark owner’s interest.
▪ Trademark name, registration number (if applicable), registration country, legal owner.
▪ Description of where the content is located on our Services.
▪ Description of how the trademark is allegedly infringed.
▪ Statement that you declare, under penalty of perjury, that (a) you are the owner of, or you are otherwise authorized to act on behalf of the owner of, the trademarks that you alleged are infringed; (b) the information you have provided in your notice to iBooker is accurate and complete; (c) you have a good faith belief that the use of the trademark in the manner described in the notice is not authorized by the trademark owner or otherwise permitted under applicable law.
Note that before you submit a notice of trademark infringement to us, you may find it useful to contact the individual or entity who posted the content or material that you believe is infringing, as it is possible that by bringing it to their attention you may be able to resolve the matter without us. Keep in mind, however, if you choose to contact the individual directly instead of submitting a claim to us, we will not receive a copy of your message and will not be aware of the issue.
iBooker will review all properly submitted claims, which may result in us removing the reported content from the Services. In some instances iBooker may need, in its sole discretion, to remove the content prior to contacting the party that posted it. If the content is removed, the party that posted the content will receive a notice from iBooker letting them know that the content they posted was removed because of your claim. iBooker will provide them with a copy of your submission including the contact information you provided to us, the name of your organization or whom you represent, if any, and the contents of your claim.
14. Miscellaneous.
California law applies to this Agreement.
14.1. Governing Law. This Agreement will be governed by and interpreted in accordance with the internal laws of the State of California without regard to conflicts of laws principles. The U.N. Convention on the International Sale of Goods will not apply.
In the unlikely event we end up in a legal dispute, you agree we will first attempt to resolve it through this informal process.
14.2. Mandatory Informal Dispute Resolution. If you have any dispute with iBooker arising out of or relating to this Agreement, you agree to notify iBooker in writing with a brief, written description of the dispute and your contact information, and iBooker will have thirty (30) days from the date of receipt within which to attempt resolve the dispute to your reasonable satisfaction. If the Parties are unable to resolve the dispute through good faith negotiations over such thirty (30) day period under this informal process, either Party may pursue resolution of the dispute in accordance with the arbitration agreement below.
If we can’t resolve a dispute after following the process above, then we must resolve through arbitration and not in court.
14.3. Arbitration Agreement. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND iBooker, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, THAT ARE NOT RESOLVED PURSUANT TO SECTION 14.2 ABOVE WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND iBooker AND YOU EACH HEREBY WAIVE THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (currently accessible at www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTG_004130) as amended by this Agreement. Any arbitration hearing will be held in San Luis Obispo County, California. The applicable governing law will be as set forth in Section 14.1 (provided that with respect to arbitrability issues, federal arbitration law will govern). The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.