The following are the Terms of Use for operators wishing to utlise BookAhead and all associated and ancillary support and services.
BookAhead.com.au is an online service with support office based in Brisbane Australia and systems hosted in a secure data centre in Sydney Australia. The support and services are provided by Absolute Value Pty Ltd, PO Box 12175 George Street Brisbane 4003, ACN 050 920 002.
Support is provided by electronic mail and any queries should be sent to support@bookahead.com.au.
BookAhead does not provide telephone-based support services and all requests for assistance should be communicated to us in writing at the above email address.
Before you begin using the web publishing, reservations, communications and hosting and support services (hereinafter termed ‘Services’) available on BookAhead.com.au (hereinafter termed ‘BookAhead’), you must read and agree to these Terms of Service (“Terms of Service”) and the following terms, conditions and policies, including any future amendments (collectively known as 'the Agreement').
If now or in the future you do not fully consent or agree to all terms of the Agreement herein, or as varied from time to time, your sole remedy is to cease using the Service.
Although we may attempt to notify you if major changes are made to these Terms of Service, you should periodically review the current and most up to date version here (http://www.bookaheadnow.com/terms.php)
BookAhead may, at our sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by any such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the BookAhead service.
In the event of an inconsistency between the BookAhead Terms of Service and either our Terms of Use (http://www.bookahead.com.au/show_content.php?get_id=2) or the Privacy Statement (http://www.bookahead.com.au/show_content.php?get_id=8 ) the BookAhead Terms of Service (http://www.bookaheadnow.com/terms.php) are deemed to prevail.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Description of Service.
BookAhead is a web publishing and booking request/management facility, and hosting service (the "Service"). You will remain responsible for all activities initiated under your username and you are responsible for keeping your password secure. You understand and agree that the Service is provided to you on an “as is” and “as available” basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. We reserve the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
2. Proper Use.
You agree you are responsible for your own use of the BookAhead Service, for any information you add or change, and for any consequences thereof. You agree you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all Australian export control laws.
Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and legal penalties and other legal consequences. We reserve the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
Anonymous users have the ability to create accounts on BookAhead and send booking and other requests to you.
The information sent to you is provided by and is the responsibility of the person or people who created the information, and we are under no obligation to monitor the information they provide, and we take no responsibility for the contents of such messages or information sent. We simply provide access the information entered, as a service to you.
BookAhead does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.
3. Privacy.
As a condition of using the Service, you agree to the terms of the Privacy Statement (http://www.bookahead.com.au/show_content.php?get_id=8), which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree BookAhead may access or disclose your personal information, including the content of your communications, if we are required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service. Personal information collected by Google may be stored and processed in Australia or any other country in which we or our agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.
4. General Practices Regarding Use and Storage.
You agree BookAhead has no responsibility or liability for the deletion of, or the failure to store or to transmit, any information and other communications maintained by the Service. We retain the right to create limits on use, storage and electronic communications at our sole discretion at any time with or without notice.
5. Content of the Service.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
(a) satisfy any applicable law, regulation, legal process or governmental request
(b) enforce this Agreement, including investigation of potential violations hereof
(c) detect, prevent, or otherwise address fraud, security or technical issues
(d) respond to user support requests, or
(e) protect the rights, property or safety of BookAhead, and our customers, operators, users and the public. We will not be responsible or liable for the exercise or non-exercise of our rights under this Agreement.
6. Intellectual Property Rights.
BookAhead Intellectual Property Rights. You acknowledge BookAhead owns all right, title and interest in and to the Service, including all intellectual property rights. You agree you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
Your Intellectual Property Rights. BookAhead claims no ownership or control over any Content submitted, posted or displayed by you on or through the BookAhead services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through the services which are intended to be available to the members of the public, you grant BookAhead a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on the Services for the purpose of display and distribution of these Services.
We also reserve the right to refuse to accept, post, display or transmit any Content at our sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
7. No Resale of the Service.
Unless expressly authorized in writing by BookAhead, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.
8. Representations and Warranties.
You represent and warrant that (a) all of the information provided by you to BookAhead to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
10. Termination or Suspension.
BookAhead may, at our sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. The applicable provisions and Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
11. Indemnification.
You agree to hold harmless and indemnify BookAhead, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal representation fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit or action.
12. Entire Agreement.
This Agreement constitutes the entire agreement between you and BookAhead and governs your use of the Service, superseding any prior agreements between you and BookAhead.
13. Waiver and Severability of Terms.
The failure of BookAhead to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
14. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of the Services or the Terms of Service must be filed within one (1) month after such claim or cause of action arose or be forever barred.
15. Choice of Law, Jurisdiction, Location for hearings.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Queensland Australia, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in the courts of Brisbane, Queensland Australia and you consent to the jurisdiction of such courts.