1.1 Jezzam Ltd owns and provides various websites, services, and software that facilitate scheduling and appointment management (collectively, the "Services").
1.2 These terms and conditions shall govern your use of the Services.
1.3 By using the Services, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Services.
1.4 If you register with the Services we will ask you to expressly agree to these terms and conditions.
1.5 You must be at least 18 years of age to use the Services; by using the Services or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2. Copyright notice
2.1 Copyright © 2010 - 2018 Jezzam Ltd.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in the Services; and
(b) all the copyright and other intellectual property rights and the material that are part of the Services are reserved.
3. Licence to use the Services
3.1 You may:
(a) view pages and use the Services in a web browser;
(b) download pages from the Services for caching in a web browser;
(c) print pages from the Services;
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from the Services or save any such material to your computer.
3.3 You may only use the Services for your own personal and business purposes, and you must not use the Services for any other purposes.
3.4 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from the Services (including republication on another website);
(b) sell, rent or sub-license the Services;
(c) show any material from the Services in public;
(d) exploit material from the Services for a commercial purpose; or
(e) redistribute material from the Services.
3.5 We reserve the right to restrict access to the Services at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures to the Services.
4. Acceptable use
4.1 You must not:
(a) use the Services in any way or take any action that causes, or may cause, damage to the Services or impairment of the performance, availability or accessibility of the Services;
(b) use the Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Services without our express written consent;
(e) access or otherwise interact with the Services using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for the Services; or
4.2 You must ensure that all the information you supply to us through the Services, or in relation to the Services, is accurate and valid.
5. Use on behalf of organisation
5.1 If you use the Services or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity.
6. Registration and accounts
6.1 You may register for a user account with the Services by completing and submitting the user account registration form, and clicking on the verification link in the email that the Services will send to you.
6.2 You must not allow any other person to use your user account to access the Services.
6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your user account.
6.4 You must not use any other person's account to access the Services.
7. User account login details
7.1 If you register for a user account with the Services you will be asked to use an email address and choose a password.
7.2 You must not use your user account for or in connection with the impersonation of any person, company or legal entity.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity using the Services arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension
8.1 We may:
(a) suspend your account;
(b) delete your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
8.2 You may delete your account with the Services using your account control panel.
8.3 We provide no guarantee that your content can be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation. Unless otherwise specified elsewhere herein or in the Supplemental Terms & Conditions and subject to the Data Processing Addendum, if your user account is deleted all account data is removed from the Services and cannot be recovered.
9. Your content: licence
9.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material and other files) that you submit to us or the Services for storage or publication on, processing by, or transmission via, the Services.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to the Services and any successor Services.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You may edit your content to the extent permitted using the editing functionality made available by the Services.
9.5 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10. Your content: rules
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be in breach of official secrets legislation;
(j) be in breach of any contractual obligation owed to any person;
(k) depict violence in an explicit, graphic or gratuitous manner;
(l) be pornographic, lewd, suggestive or sexually explicit;
(m) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(n) constitute spam; or
(o) be fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
11. Report abuse
11.1 If you learn of any unlawful material or activity within the Services, or any material or activity that breaches these terms and conditions, please let us know.
11.2 You can let us know about any such material or activity by email.
12. Limited warranties
12.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published within the Services;
(b) that the material within the Services is up to date; or
(c) that the Services will remain available.
(d) that the Services are error free or that any errors will be corrected.
12.2 We reserve the right to discontinue or alter any or all of the Services, and to terminate the Services, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any of the Services, or if we terminate the Services.
12.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, the Services and the use of the Services.
13. Limitations and exclusions of liability
13.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
13.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:
(a) are subject to Section 13.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
13.3 To the extent that the Services are provided free of charge, we will not be liable for any loss or damage of any nature.
13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
13.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
13.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
13.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
13.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
13.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid in the six (6) months preceding the circumstances giving rise to the first claim at issue. The existence of more than one claim will not enlarge this limit.
14.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of the Services or any breach by you of any provision of these terms and conditions.
15. Breaches of these terms and conditions
15.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the Services;
(c) permanently prohibit you from accessing the Services;
(d) block computers using your IP address from accessing the Services;
(e) contact any or all of your internet service providers and request that they block your access to the Services;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on the Services.
15.2 Where we suspend or prohibit or block your access to the Services or part of the Services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
16. Third party websites
16.1 The Services includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
16.2 We have no control over third party websites and their contents, and subject to Section 15.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
17. Trade marks
17.1 Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
17.2 The third party registered and unregistered trade marks or service marks on the Services are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
18.1 You agree to receive communications essential for the successful operation of the Services. This may include, but is not limited to emails and SMS messages.
19.1 We may revise these terms and conditions from time to time.
19.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of the Services from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using the Services.
20.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
20.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
21.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
21.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
22. Third party rights
22.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
22.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
23. Entire agreement
23.1 Subject to Section 13.1, these terms and conditions, together with our Privacy and Cookies Policy and, where appropriate, the Site Account Terms and Conditions, User Booking Terms and Conditions and Data Processing Addendum (for GDPR compliance), shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
24. Law and jurisdiction
24.1 These terms and conditions shall be governed by and construed in accordance with English law.
24.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
25. Statutory and regulatory disclosures
25.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
25.2 These terms and conditions are available in the English language only.
26. Our details
26.1 The Services are owned and operated by Jezzam Ltd.
26.2 We are registered in England and Wales under registration number 07276241, and our registered office is at 11 Lime Tree Mews, 2 Lime Walk Headington, Oxford, Oxfordshire, OX3 7DZ.
26.3 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by email, using the email address published on our website from time to time.