BOOK ’N’ BLOOM

Terms of Service

[Customers]

 

The following terms and conditions (“TOS”) govern all use of the booknbloom.com website (“Website”), Facebook application (“App”) and all content, products and services available at or through the Website and App (“Services”).

 

The Website and App are owned and operated by S2 Development Ltd, a company duly organized under the laws of the Republic of Cyprus with business address at Elenion Building, 5th floor, 5 Th. Dervis Street, CY 1066, Nicosia, Cyprus and registration number HE296836 (“Book’n’Bloom”). You must be over 18 years old in order to use our Services. Our Services are currently available only for customers based in Greece, Spain, UK and Colombia.

 

Book’n’Bloom offers a Customer Relationship Management (CRM) system on a subscription basis as Software as a Service (SaaS). The App operates on a social media platform or a website. Via our App, we offer to our customers (you), an online booking system for your clients (users), where you may issue and send discount vouchers, sell gift vouchers and offer a 24/7 accessibility to your users.

 

Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by Book’n’Bloom.

 

Please read the TOS carefully before accessing our Services. By accessing or using any part of our Services, you agree to become bound by the TOS. If you do not agree to all the TOS, then you may not access or use any Services.

 

1. How to subscribe to Book’n’Bloom

Book’n’Bloom offers you the possibility to use an online appointment system, which is fully integrated into Facebook and allows small and medium-sized businesses like yours, to retain current customers and attract new ones using fun features. In order to use our Services you must sign-up at our Website and provide us with the following information:

  • Your e-mail address that you used to create your business’ Facebook profile

  • Your business’ name

  • Your business’ VAT number

  • Your business’ contact person’s name

  • Your cellphone number

  • Your business’ physical address

  • Your time zone

You consent to our access to and collection of such information about your business.

You have the obligation to state truthfully, accurately and completely your up-to-date personal information in the registration process and update your account whenever it is needed. If your personal information is not in compliance with these provisions or if Book’n’Bloom has reasonable suspicions that your personal information is not in accordance with these provisions, Book’n’Bloom has the right to reject your application for registration or to suspend or terminate immediately your account, irrespectively of any notice, any use, current or future. In this case, you have no right to any compensation for the rejection of your application, the suspending or termination of your account.

 

2. Security of Your Account

You are responsible for maintaining the security of your Book’n’Bloom account and fully responsible for all activities that occur under this account and any other actions taken in connection with this account. You must immediately notify us of any unauthorized uses of your Facebook account or any other breaches of security. Book’n’Bloom will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

 

If you have a suspicion that someone has unauthorized access to your business profile page as administrator, you must immediately notify us at support@booknbloom.com. You will shortly after receive a confirmation from our support department that they are handling the issue. Any attempt at unauthorized access (i.e. hacking) to the Website or App or any of our servers is illegal and will be prosecuted. We are entitled to block or close your account if such unauthorized access happens through your account or with the use of your passwords.

 

3. Your Responsibility

You are responsible to ensure that data which is specific to your business, such as opening hours, services, prices, voucher value, voucher text, voucher service, voucher points, post-to-wall text and any other specific data related to your business, are inserted and amended accordingly and that such text and data are kept up to date at all times. In case there has been any change in the information you provided to us, you agree to notify us within a reasonable period of time after you found out about those changes.

 

You are also responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Finally, you are responsible for any unauthorized use of the Services by third parties using your Book’n’Blook Facebook account in your name. You are advised to keep strictly confidential your login information.

 

You warrant that you are not in the process of being declared bankruptcy or insolvent or incapable of managing your own affairs. You are responsible to notify us in such cases.

 

4. Our Responsibilities

We are responsible to maintain your business’ and personal information secure. You may visit our Privacy Policy for more information about how we use and keep secure your personal information.

Facebook Compliance: Book’n’Bloom is using a Facebook App as part of its Services. Book’n’Bloom is in compliance with Facebook terms and policies, including Facebook general legal terms, data use policy, platform policies and pages terms.

 

You consent to our use of your personal information as described in paragraph 1 in order to operate our Services. However, in compliance to Facebook’s terms and policies, Book’n’Bloom:

  • Requests only the data it needs to operate its App

  • Does not sell or transfer your data to third parties

  • Does not use your data to create any advertising creative

  • Does not use your data in any other context other than the one described in those terms and its Privacy Policy.

Short Message Service (SMS) Policy

  • You will be sending sms via our App to the users in two instances: a) an invitation sms to the users in order to register to our PointsClub platform and b) an sms reminder for the users’ appointment to use your services.

  • You will obtain the user’s informed consent in order to send him sms.

  • It is your responsibility to update the App and notify us when a user’s phone number has changed.

  • You should understand the limits of this communication method via the App: it shall be narrowly restricted to an invitation and reminder associated content. The content of the sms shall be determined solely by Book’n’Bloom. You are not allowed to edit or modify the sms content in any way.

  • Sending a text is not a foolproof method of ensuring an sms is received and read. Book’n’Bloom bears no responsibility if the user does not receive the sms either because of possible interruption of cellphone service due to technical problems or because the user did not read the sms.

5. Our Rights

Monitoring: We may monitor your use of the App, to the extent permitted by law, to ensure compliance with these terms and conditions, satisfy legal requirements, or protect our rights and the right of others. You consent to our temporary monitoring of your use of the App in case of technical problems, bug fixes or interruption of services.

Newsletters: You may consent to receiving newsletters by clicking the relative box during your registration with our Services. If you consent, you will receive electronic newsletters from us via e-mail, which will inform you about our news and offers.

Notifications: You consent to receiving notifications from us (such as SMS, push notifications, e-mails etc) that serve the functionality of our Services. These notifications are necessary for the use of our Services and you consent that you cannot unsubscribe from these notifications.

Offers: From time to time, we will offer you to participate in marketing of our Services. The terms and conditions of these offers will be available to you at that time and acceptance of those offers will be at your discretion.

External Partners: We cooperate with a number of external partners and our Warranty Disclaimer and Limitation of Liability clauses contained in these terms cover potential damages to you in relation to any service or product supplied by such external partners.

Advertisers: In order to maximize the exposure of your business online and the number of appointments scheduled through our App, we may enter into agreements with third party websites and businesses, create a profile page for your business on third party websites, optimize any current or future internet listings for your business to take advantage of search engine marketing, lead generation or social networking opportunities, and perform any other acts that we deem appropriate to increase traffic and use of our App.

 

6. Disclaimer of Responsibility

We have no responsibility for the accuracy of the information provided by you and it is your sole responsibility to deliver the services offered through Book’n’Bloom to our users. Book’n’Bloom is not responsible for providing assistance or support to you, including error corrections, upgrades, support, updates, bug fixes, enhancements, or other types of support.

a) No endorsement of any particular Customer to the users

Book’n’Bloom does not make any endorsements of any particular Customer to the users.

c) No involvement in customers’ arrangements with the users

Book’n’Bloom facilitates Users to use the customers’ services online. Any relationship, arrangement or contract - oral or written - among users and Customers, is made directly between users and the customer and Book’n’Bloom is not a party to that relationship, arrangement or contract. Book’n’Bloom is not in any way involved in any transaction between users and the customers.

You acknowledge that any claim that you may have that is in any way connected with a dispute or a complaint against a user, must be brought directly against that user. Furthermore, Book’n’Bloom is not responsible for the payment of the purchase price of your services. The payment of such fees and charges is entirely the users’ responsibility. 

7. Warranty disclaimer & Indemnification

Warranty Disclaimer: Our Services are provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE.”  You agree that your use of our Services shall be at your own sole risk. We do not guarantee that you will be able to access the App at all times and places and that we will have adequate capacity for all your users. We further do not guarantee that our App will be operable with your equipment. To the fullest extent permitted by law, Book’n’Bloom, its officers, directors, employees and agents disclaim all warranties, express or implied, including implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement.

Indemnification: You agree to indemnify and hold harmless Book’n’Bloom, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of these terms.

 

8.  Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR SERVICES, (II) ANY LOSS OR DAMAGE DUE TO UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (III) ANY LOSS OR DAMAGE DUE TO INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR APP OR INTEROPERABILITY PROBLEMS, (IV) ANY LOSS OR DAMAGE DUE TO BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VI) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) ANY LOSS OR DAMAGE RESULTING FROM YOUR  USE, OR INABILITY TO USE, ANY PORTION OF OUR APP OR FOR ANY LOSS OR DAMAGE OF ANY KIND IN YOUR DATA, (VIII) ANY LOSS OF YOUR REVENUE, PROFITS OR GOODWILL. THE LIMITATIONS ON LIABILITY APPLY WHETHER LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE COMPANY'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR USING OUR SERVICES.

 

9. Intellectual Property

 Intellectual Property Rights: You agree and acknowledge that all intellectual property rights to the source code of the Website and App, its text and graphical elements hereunder, but not limited to text, graphics, icons, logos, UI, and software source code belongs to Book’n’Bloom. These terms do not transfer from Book’n’Bloom to you any Book’n’Bloom or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Book’n’Bloom. The Book’n’Bloom logo, and all other trademarks and service marks used in connection with the Website and the App are trademarks of Book’n’Bloom. Other trademarks, service marks, graphics and logos used in connection with the Website and App may be the trademarks of other third parties. Your use of the Website and App grants you no right or license to reproduce or otherwise use any Book’n’Bloom or third-party trademarks. You may not without prior written consent of Book’n’Bloom, copy, or distribute the content of our Services to a third party in any way whatsoever, except when part of the normal use of our Services.

License: Book’n’Bloom grants you a license to use our App in accordance with these terms.  You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute our App. Book’n’Bloom reserves all rights not expressly granted in these terms.

 

10. Modifications

Book’n’Bloom has the right to change or modify, upgrade, add to, or discontinue the Services or any portion or feature of the Website or App at any time. Such changes will be notified to you by email.

 

11. Assignment

Book’n’Blook reserves the right to assign to third parties any rights, licenses, and/or obligations arising out of or relating to these terms without restriction. You may not transfer or assign any of its rights, or delegate any of its duties, under this contract, either in whole or in part (including by merger or operation of law), without the prior written consent of Book’n’Bloom.  To the extent the license or any rights or obligations hereunder are transferred, assigned or delegated in a manner that is permitted by these terms, these terms shall be binding upon all your successors and assigns hereto (including any transferee or assignee of all or substantially all your assets and any successor by merger or operation of law).

 

12. Reward Points & Vouchers

You accept and agree that users can earn points as a result of performing certain activities on the App in various ways by using the App (Reward Points). The Reward Points can be converted to discount coupons (Vouchers) that correspond to a specific type of service or product. The Vouchers can not be re-converted to Reward Points. You may choose how you would like to reward your loyal users by giving the possibility to earn Reward Points and convert them to Vouchers. You will be able to set the type of service, the amount of Reward Points, the discount percentage, if any, and how often your users get Reward Points, how the Reward Points are converted to Vouchers. You agree that the duration of all Vouchers shall be 3 months. You are responsible for making redemption terms, including expiry date, in accordance with the applicable local laws. You are also obliged to follow Book’n’Bloom’s procedures in rewarding the Points and issuing the Vouchers as set forth in the users’ Terms of Service. Book’n’Bloom is not liable for Reward Points that are not registered as a result of system error, server breakdowns or any other failure in computer systems. If you think that a user has wrongly been added points, you are entitled to remove these points manually and if you believe that points have been deleted without your interference, you must report this to our support department at support@booknbloom.com.

Spending of Vouchers: You are obliged to make it possible for the users to spend their Vouchers to buy some or all of your services or products. You are obliged to issue at least one type of Voucher. Once you publish a Voucher, you may not discontinue its issuance to your users. You have the obligation to publish a list of these services or products on your Facebook business page with information about how many Reward Points each Voucher requires. Book’n’Bloom is entitled to review your list of services and products that can be bought by Vouchers and to demand that you expand or in other way change the list of services and products. If you fail to accommodate such requirement, Book’n’Bloom is entitled to terminate your account immediately.

Responsibility and Applicable Regulation: You are responsible to ensure that the Reward Points/Voucher system is in accordance with applicable laws, including applicable consumer regulation and financial regulation. Book’n’Bloom is not responsible for incorrect registration of Reward Points, lost Reward Points or in any other way responsible for loss or damages to you or your users due to the Reward Points system.

 

13. Bookings Cancellation Policy

You consent that you will provide the users with the following booking cancellation policy: the user will be able to cancel (or re-schedule) a booking for your services by notifying you at least 24 hours in advance with no monetary or other kind of consequences.

 

14. Termination of Your Account

Book’n’Bloom reserves the right, but not the obligation, to terminate your account without giving an explanation or cause, in case you violate these terms and conditions.

If you wish to close your Book’n’Bloom account, you may do so via your account panel. Termination shall be effective immediately. We reserve the right to terminate your account in case your credit card does not process renewal payments. Termination in this case, shall take effect immediately. You acknowledge and agree that Book’n’Bloom offers no refunds whatsoever for its services.

Your Data: We continue to keep your personal information and data saved even after termination of your account. However, pursuant to EU law, you have the right to request that we delete all your personal information and data from our system. As soon as you notify us at support@booknbloom.com and after we send you a confirmation of receipt of your request, your information shall be marked as deleted in the system.

 

15. Support

If you have any questions regarding these terms or the use of our Services, you may contact our support department via phone at +30 2313 012468 (Monday to Friday, 9:00am – 5:00pm) or email (support@blooknbloom.com). Inquiries to support will be archived. Treatment of inquiries can be used for internal education.

 

16. Applicable Law

The present terms are in conformity with Cypriot law. Book’n’Bloom makes no representations that our Services are appropriate or available for use in other countries. Those who access or use our Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

17. Arbitration

All disputes arising in connection with this Agreement shall be finally settled by arbitration under the Rules of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules. The Arbitration shall be held in Limassol, Cyprus, under the relevant Cypriot Legislation, with Cypriot Law to apply. The English language shall be used throughout the arbitral proceedings. The parties waive their right to any form of appeal or recourse from such arbitral proceedings to a court of law or other judicial authority.

 

18. Notices

Any notice to be served on or documentation to be sent to any party to these terms shall be deemed to be properly served if sent by email or by registered post or delivered by hand to the following email: legal@booknbloom.com, and address: S2 Development Ltd., Elenion Building - 5th Floor, 5 Th Dervis Street,  CY-1066 Nicosia – Cyprus.

 

19. General Terms

  • These terms shall endure for the benefit of and be binding upon the respective administrators, successors and assigns of each party hereto.

  • If these terms consist of a number of signed counterparts, each is an original and all of the counterparts together constitute the same document.

  • Any amendment or addition to these terms shall be effective only if made in writing and executed by authorized representatives of the parties.

  • These terms once executed by the parties contain the entire agreement amongst the parties in respect of its subject matter. No agreement, conditions, representations or warranties exist except as are expressly set out in those terms.

  • All terms, conditions and warranties in these terms are essential terms and a breach or non performance hereto of any terms, conditions, warranties, schedules hereof shall entitle Book’n’Bloom to either terminate the license and claim damages or terminate without any claim for damages or claim damages without terminating the license.

  • No failure or delay by Book’n’Bloom in exercising any right or remedy provided by law under or pursuant to these terms shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.

  • Termination of the license shall not affect the accrued rights of Book’n’Bloom arising in any way out of these terms as at the date of termination and, in particular but without limitation, the right to recover damages against the other, and all provisions of these terms which contemplate or are capable of operation after termination shall survive the termination of the license and shall remain in full force and effect.

  • If any of the provisions of these terms become invalid, illegal or unenforceable in any respect under any applicable law, the validity and enforceability of such provision shall not be considered affected in any other jurisdiction and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and all of them shall remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these terms is not affected in any manner materially adverse to any party.  Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties hereto shall negotiate in good faith to modify these terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

  • Last Update: December 2015.

 

POINTS CLUB

Terms of Service

[Users]

 

The following terms and conditions (“TOS”) govern all use of our rewards platform (“PointsClub”) and all content, products and services available at or through PointsClub (“Services”).

 

PointsClub is owned and operated by S2 Development Ltd, a company duly organized under the laws of the Republic of Cyprus with business address at Elenion Building, 5th floor, 5 Th. Dervis Street, CY 1066, Nicosia, Cyprus and registration number HE296836 (“S2 Development”). You must be over 12 years old in order to use our Services.

 

Via PointsClub, we offer to you (“users”) an online booking system where you may book an appointment at a small and medium size business (“business”), such as nail bars, hair salons etc, receive discount and gift vouchers with a 24/7 accessibility.

 

Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by S2 Development.

 

Please read the TOS carefully before accessing our Services. By accessing or using any part of our Services, you agree to become bound by the TOS. If you do not agree to all the TOS, then you may not access or use any Services.

 

  1. What Information is Collected

S2 Development offers you the possibility to use an online appointment system, which is fully integrated into Facebook. In order to use PointsClub’s appointment system you must access PointsClub via the business’ Facebook page and provide us with the following information during registration:

  • Your name

  • Your e-mail

  • Your phone number

You consent to our access to and collection of such information about you.

You are responsible for maintaining the security of your PointsClub account and fully responsible for all activities that occur under this account and any other actions taken in connection with this account. You must immediately notify S2 Development of any unauthorized uses of your PointsClub account or any other breaches of security. S2 Development will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

 

  1. Your Responsibility

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. The business’ Facebook page may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The business’ Facebook page may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.

 

S2 Development disclaims any responsibility for any harm resulting from the use of PointsClub and the business’ Facebook page from third parties, or from any downloading by those third parties of content there posted.

 

You are also responsible for any unauthorized use of the Services by third parties using your PointsClub account in your name. You are advised to keep strictly confidential your login information.

 

  1. Our Responsibilities

We are responsible to maintain your personal information secure. You may visit our Privacy Policy for more information about how we use and keep secure your personal information.

Facebook Compliance: S2 Development is using a Facebook App as part of its Services. S2 Development is in compliance with Facebook terms and policies, including Facebook general legal terms, data use policy, platform policies and pages terms.

 

You consent to our use of your personal information as described in paragraph 1 in order to operate our Services. S2 Development:

  • Requests only the data it needs to operate PointsClub

  • Does not sell or transfer your data to third parties

  • Does not use your data to create any advertising creative

  • Does not use your data in any other context other than the one described in those terms and its Privacy Policy.

Short Message Service (SMS)

  • The business requests your cellphone number in order to send you an invitation sms to register at PointsClub and an sms reminder for your appointment with the business.

  • S2 Development has no control and no responsibility for the content of the sms that the business may send you during your use of its services.

  • You must immediately notify the business of any unauthorized uses of your cellphone number. S2 Development will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

  • It is your responsibility to notify the business when your cellphone number has changed.

  • During your registration at PointsClub, you may choose the option to receive no sms from the business.

 

  1. Relationship between S2 Development and the Business

The services you purchase from the business are not in any way offered by S2 Development but exclusively and directly by the business. S2 Development’s activity is limited to provide the business’ and the business’ employees’, independent contractors’ and agents’, an appointment system and to facilitate the communication of promotions and offers to you. S2 Development is not responsible for the accuracy, reliability and quality of the business’, its employees’, independent contractors’ and agents’ services, appointments, promotions and offers.

 

  1. Content posted on Business’ Facebook Page and other Websites

We have not reviewed, and cannot review, all of the material made available through the business’ Facebook page and PointsClub, the websites and webpages to which PointsClub links, and that link to PointsCLub. We do not have any control over the business’ Facebook page, websites or webpages and we are not responsible for their contents of their use nor we endorse such webpages.

 

  1. Our Rights

S2 Development has the right to:

 

  • Use your personal information -as described in paragraph 1 above- to offer real-time demographics to the businesses, their employees, independent contractors and agents regarding their users.

  • Display advertisements and promotions on the services offered by the businesses in conjunction with your use of those services.

 

  1. Free Usage

Access, registration and usage of PointsClub are free.

 

  1. Disclaimer of Responsibility

We have no responsibility for the accuracy of the information and quality of services provided by the business.

a) No responsibility for the businesses’ services

You agree and acknowledge that S2 Development does not perform any quality control, regarding each businesses’ quality of services, standards, licences etc. You agree and acknowledge that you have to independently verify the businesses’ services’ quality, standards and licenses and make your own due diligence before purchasing their services. In no event shall S2 Development be liable for any kind of damage or harm that the User might incur as a result of using the businesses’services.

b) No endorsement of any particular business

S2 Development does not make any endorsements of any particular business.

c) No involvement in Users arrangements with the business

S2 Development facilitates Users to use the business’ services online. Any relationship, arrangement or contract - oral or written - among Users and any business, is made directly between Users and the business and S2 Development is not a party to that relationship, arrangement or contract. S2 Development isnot in any way involved in any transaction between Users and the business.

Users and Visitors acknowledge that any claim that they may have that is in any way connected with a dispute or a complaint against a business, must be brought directly against that business.

  1. Warranty disclaimer & Indemnification

Warranty Disclaimer: Our Services are provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE.”  You agree that your use of our Services shall be at your own sole risk. We do not guarantee that you will be able to access the App at all times and places. To the fullest extent permitted by law, S2 Development, its officers, directors, employees and agents disclaim all warranties, express or implied, including implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement.

Indemnification: You agree to indemnify and hold harmless S2 Development, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of these terms.

 

  1. Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE APP, (II) ANY LOSS OR DAMAGE DUE TO UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (III) ANY LOSS OR DAMAGE DUE TO INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM POINTSCLUB OR INTEROPERABILITY PROBLEMS, (IV) ANY LOSS OR DAMAGE DUE TO BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH POINTSCLUB BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VI) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) ANY LOSS OR DAMAGE RESULTING FROM YOUR  USE, OR INABILITY TO USE, ANY PORTION OF OUR APP OR FOR ANY LOSS OR DAMAGE OF ANY KIND IN YOUR DATA, (VIII) ANY LOSS OF YOUR REVENUE, PROFITS OR GOODWILL. THE LIMITATIONS ON LIABILITY APPLY WHETHER LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

  1. Copyright infringement

As S2 Development asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by S2 Development violates your copyright, you are encouraged to notify S2 Development. S2 Development will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. S2 Development will terminate a user’s access to and use of PointsClub if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of S2 Development or others.

 

  1. Intellectual property

The TOS do not transfer from S2 Development to you any S2 Development or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with S2 Development. S2 Development logos and all other trademarks, service marks, graphics and logos used in connection with PointsClub are trademarks of S2 Development. Other trademarks, service marks, graphics and logos used in connection with the App may be the trademarks of other third parties. Your use of PointsClub grants you no right or license to reproduce or otherwise use any S2 Development or third-party trademarks.

 

  1. Assignment

S2 Development reserves the right to assign to third parties any rights, licenses, and/or obligations arising out of or relating to these terms without restriction. You may not transfer or assign any of its rights, or delegate any of its duties, under this contract, either in whole or in part (including by merger or operation of law), without the prior written consent of S2 Development.  To the extent the license or any rights or obligations hereunder are transferred, assigned or delegated in a manner that is permitted by these terms, these terms shall be binding upon all your successors and assigns hereto (including any transferee or assignee of all or substantially all your assets and any successor by merger or operation of law).

 

  1. Reward Points & Vouchers

You can earn points as a result of performing certain promotional activities for the business in various ways (Reward Points). The Reward Points can be converted to discount coupons (Vouchers) that correspond to a specific type of service or product. The Vouchers can not be re-converted to Reward Points. The business will set the type of service, the amount of Reward Points, the discount percentage, if any, how often you may get Reward Points as well as how the Reward Points are converted to Vouchers. You agree that the duration of all Vouchers shall be 3 months. You acknowledge and agree that S2 Development has neither control nor any responsibility whatsoever for the cancellation of the Reward Points and Voucher. The business retains the right to cancel your Reward Points and Vouchers pursuant to its cancellation policy.

In the event that Reward Points have been incorrectly added or deleted due to a software or programming error of PointsClub, then we shall correct such errors without any further claims by you. The Vouchers are personal and may not be sold or exchanged between you and third parties.

Points History: You may check your Reward Points and Vouchers at your PointsClub account.

We register your points on PointsClub as soon as possible. However, there might be some delays in certain cases where confirmation of completion of delivery or action is needed. You acknowledge and consent to this possibility of delay in registration.

Terms of the rewarding points: the Reward Point system is to reward you for using the business’ product and for promoting the business to your social network. If you carry out an action as described by the business, you gain points automatically.

Spending of Vouchers: you may redeem your Vouchers to buy some or all of the business’ services or products.

Liability and Applicable Regulation: S2 Development is not liable for Reward Points that are not registered as a result of system error, server breakdowns or any other failure in computer systems. You may not wrongly add points to yourself. S2 Development has no responsibility for the accuracy and functionality of the Reward Points & Vouchers system. The business is responsible to ensure that the Reward Points & Vouchers system is accurately functioning and is in accordance with applicable laws, including applicable consumer regulation and financial regulation. S2 Development is not responsible for incorrect registration of Reward Points, lost Reward Points, deficient Vouchers or in any other way responsible for loss or damages to you due to the Reward Points & Vouchers system.

 

  1. Termination of Your Use of the Services

S2 Development reserves the right, but not the obligation, to terminate your use of PointsClub without giving an explanation or cause, in case you violate these terms and conditions.

You have the right to terminate our Services at any time by cancelling your account at PointsClub by e-mailing us at support@booknbloom.com.

Your Data: We continue to keep your personal information and data saved even after termination of your use of our Services. However, pursuant to EU law, you have the right to request that we delete all your personal information and data from our system. As soon as you notify us at support@booknbloom.com and after we send you a confirmation of receipt of your request, your information shall be marked as deleted in the system.

 

  1. Support

If you have any questions regarding these terms or the use of our Services, you may contact our support department via phone at +30 2313 012468 (Monday to Friday, 9:00am – 5:00pm) or email (support@blooknbloom.com). Inquiries to support will be archived. Treatment of inquiries can be used for internal education.

 

  1. Applicable Law

The present terms are in conformity with Cypriot law. S2 Development makes no representations that our Services are appropriate or available for use in other countries. Those who access or use our Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

  1. Mediation/Arbitration

All disputes arising in connection with this Agreement shall be finally settled by arbitration under the Rules of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules. The Arbitration shall be held in Limassol, Cyprus, under the relevant Cypriot Legislation, with Cypriot Law to apply. The English language shall be used throughout the arbitral proceedings. The parties waive their right to any form of appeal or recourse from such arbitral proceedings to a court of law or other judicial authority.

 

  1. Notices

Any notice to be served on or documentation to be sent to any party to these terms shall be deemed to be properly served if sent by email or by registered post or delivered by hand to the following email: legal@booknbloom.com, and address: S2 Development Ltd., Elenion Building - 5th Floor, 5 Th Dervis Street,  CY-1066 Nicosia – Cyprus.

 

  1. General Terms

 

  • These terms shall endure for the benefit of and be binding upon the respective administrators, successors and assigns of each party hereto.

  • If these terms consist of a number of signed counterparts, each is an original and all of the counterparts together constitute the same document.

  • Any amendment or addition to these terms shall be effective only if made in writing and executed by authorized representatives of the parties.

  • These terms once executed by the parties contain the entire agreement amongst the parties in respect of its subject matter. No agreement, conditions, representations or warranties exist except as are expressly set out in those terms.

  • All terms, conditions and warranties in these terms are essential terms and a breach or non performance hereto of any terms, conditions, warranties, schedules hereof shall entitle S2 Development to either terminate the license and claim damages or terminate without any claim for damages or claim damages without terminating the license.

  • No failure or delay by S2 Development in exercising any right or remedy provided by law under or pursuant to these terms shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.

  • Termination of the license shall not affect the accrued rights of S2 Development arising in any way out of these terms as at the date of termination and, in particular but without limitation, the right to recover damages against the other, and all provisions of these terms which contemplate or are capable of operation after termination shall survive the termination of the license and shall remain in full force and effect.

  • If any of the provisions of these terms become invalid, illegal or unenforceable in any respect under any applicable law, the validity and enforceability of such provision shall not be considered affected in any other jurisdiction and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and all of them shall remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these terms is not affected in any manner materially adverse to any party.  Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties hereto shall negotiate in good faith to modify these terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

  •  Last Update: December  2015.

 

BOOK’N’BLOOM

PRICING POLICY

[customers]

 

Features

30 day Trial Period

Payment Plan

Booking calendar

YES

YES

Customer relationship management

YES

YES

Vouchers

 up to 20

up to 20

Facebook reminders

YES

YES

SMS reminders

500 SMS for free*

£0.029/SMS**

SMS invitations

500 SMS for free

 

Social media promo power

YES

YES

Price

Free

***

 

* When your trial period is over, your free SMS reminders expire and you shall not be able to use the balance of your free SMS reminders if you decide to subscribe to our regular Payment Plan. You may, however, continue to use the balance of your free SMS invitations.

** SMS charges apply to UK mobile phone numbers. GBP prices are indicative as charges are made in EUR and currency fluctuation might occur.

***All prices are subject to VAT (19%).

Notes:

  1. You agree to pay all charges as mentioned above and in compliance to our TOS.

  2. You agree that the address and email address that you provide in your account settings are valid business addresses and that we may invoice you at such addresses or through other electronic communications.  All invoices shall also be accessible at the account tab on the main webpage of Book’n’Bloom.

  3. We shall invoice you in advance for all amounts due. We shall post each invoice to your account within one week of the first day of the applicable calendar.

  4. The charges included in the invoice are exclusive of all taxes, levies, or duties imposed by taxing authorities in your country of residence, and you shall be responsible for payment of all such taxes, levies, or duties.

  5. By providing credit card payment information during registration, you warrant that such credit card is good and valid and you authorize Book’n’Bloom to charge such credit card for amounts due in the invoices and according to the payment schedule as described in this Pricing Policy.

  6. Book’n’Bloom offers no refunds.

  7. Book’n’Bloom reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. We shall e-mail you the changes and we will also post the changes on the Book’n’Bloom point of sale. Changes shall be effective immediately.

Payment Method

  1. Subscription to Book’n’Bloom comes with a 30 day free trial period. The trial period commences the moment Book’n’Bloom is accessible on your business facebook page, website or other social media platform.

  2. All fees are exclusive of domestic VAT (or equivalent taxes or charges), which is charged in addition to the subscription fee.

Non-Payment

  1. In the event that we cannot process your credit card payment, Book’n’Bloom reserves the right to suspend your access to Book’n’Bloom.

  2.  If you fail to pay the applicable invoice within 30 days of the date of suspension, Book’n’Bloom reserves the right to terminate your account.

  3. In the event that Book’n’Bloom terminates your account for non-payment, all amounts that you owe to Book’n’Bloom for the use of our App, shall become immediately due and payable.

  4. In the event of non-payment, Book’n’Bloom reserves the right to seek payment using any remedies allowed to us by law.