Document Scope

The following terms of service govern all use of the Service (defined below) provided by Flowbooking, including, but not limited to, the process by which customers enrol, subscribe, register or book for events, classes, goods or services provided by you; as well as the process of management of schedules, registrations or bookings, events, classes, customer information or the provision goods or services.

Definitions of Terms

The Service includes the Flowbooking.com Website at Flowbooking.com and its sub-domains and the online booking system ("Flowbooking"), which includes, but is not limited to, the front-end booking application ("Booking System" or "Booking App"), the back-end administration application ("Dashboard") as well as any articles, posts, images, information, or advice published by Flowbooking.

A Subscriber is a user who has entered into an agreement for the provision of a Flowbooking Account (possible on behalf of a business entity).

A Flowbooking Account ("Account") is provided to Subscribers to the Service, and is required to access the Booking System and Dashboard. An Account is linked to an Subscription.

A User Account is a login/password pair with user identifying information used to regulate access to the Dashboard.

A Customer refers to a user of the Service acting on behalf of the Subscriber or subscribing business entity, including employees; the Subscriber and User Account holders.

End User refers to any user of the Service.

Acceptance

The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Flowbooking's Privacy Policy) and procedures that may be published from time to time on this Site by Flowbooking (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by Flowbooking, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.

1. Your User Account

   You (owners of User Accounts) are responsible for maintaining the security of your User Account and you are fully responsible for all activities that occur under the User Account. You are responsible for maintaining the secrecy of your User Account password.

2. Your Flowbooking Account and Site

   You (the Subscriber and owners of User Accounts linked to an Account) are responsible for maintaining the security of your Flowbooking Account and you are fully responsible for all activities that occur under the Flowbooking Account.

3. Responsibility of Contributors

   By creating an event, you are entirely responsible for the content of that event (name, description, image, etc. referred to as "Content") and any harm resulting from that Content. By creating an event, you warrant that:

   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • the Content does not contain or install any viruses, worms, spyware, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not pornographic, or illegal in nature, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
   • your event is not advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
   • your event is not named or described in a manner that misleads other users into thinking that you are another person or company other than your own, or that you have the rights to advertise or sell tickets and/or bookings to any event for which you have no such permission.

   Flowbooking has the right to, in Flowbooking’s sole discretion (i) refuse or remove any content that, in Flowbooking's reasonable opinion, violates any Flowbooking policy or is in any way harmful or objectionable, or (ii) suspend, terminate or deny access to and use of the Service to any individual or entity for any reason, in Flowbooking’s sole discretion. In the case of early account termination, Flowbooking will pay a maximum refund equivalent to the subscription fee paid for the last 30 days of service prior to termination.

4. Subscriptions, Payment and Renewal

   • Subscription Authority A Subscription is required to gain access to a Flowbooking account. If you are subscribing on behalf of a business entity, you agree that you possess the authority to subscribe on behalf of such business entity, as well as the authority to accept the Terms of Service on behalf of the business entity, and you accept the Terms of Service on behalf of the business entity.
   • Free Trial A free trial of Flowbooking ("Trial Period") may be available where indicated. A Trial Period is a subscription period where the Service is provided without any payment required. A Trial Period lasts for a maximum duration of 30 calendar days and may be terminated at any time by the user without fee. At the end of the Trial Period, a Trial Period Subscriber must become a paid Subscriber to the Service in order to continue to receive the Service, or else the Subscription will be terminated.
   • Fees By subscribing to the Service, you agree to pay Flowbooking the monthly subscription fees indicated for that Service. Payments will be charged on a pre-pay basis, before service is rendered. To the fullest extent permitted by law, the Subscriber waives all claims relating to fees unless claimed within thirty (30) days after charged.
   • Refunds Our service comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a refund for a major failure of the service, and for compensation for any other reasonably foreseeable consequential loss or damage caused by major failure of the service to the extent required by Australian Consumer Law. We guarantee that our service will be reasonably fit for the disclosed purpose.
   • Automatic Renewal If automatic renewal is enabled, Flowbooking will automatically renew your Subscription at the end of the applicable subscription period (month) unless you notify Flowbooking before the end of that period. You authorise us to collect any applicable fee (as well as any applicable taxes) using any credit card or payment mechanism recorded for your Subscription.
   • Invoicing Should you request it in writing, you may settle Subscription accounts by invoice. Should you choose this invoicing option, you will be invoiced at the end of the applicable subscription period. Payment should be made to us within 14 days of the date of the invoice. The non-receipt of payment within this period may constitute Non-Payment.
   • Delinquent- or Non-Payment Flowbooking reserves the right to suspend or terminate a Subscriber's Subscription and suspend or delete the associated Flowbooking Account following non-payment or unsuccessful payment of due subscription fees. Flowbooking will attempt to, but is not obligated to, notify the Subscriber by e-mail or other nominated communication method at least 14 days before suspension or termination of his/her Subscription for non-payment. Flowbooking reserves the right to seek payment using any remedies allowed to it by law.
   • Cancellation A payment made by you to Flowbooking may be cancelled within 7 days by notifying us in writing.
   • Delivery of Service Your Flowbooking Subscription will in most cases be available within one hour, but in rare cases may take up to seven (7) days after we receive your Subscription Fee. In the event of delivery of service not made within seven (7) days, you are entitled to obtain a refund.

   Plans and Restrictions

   • Plans Varying levels of service ("Plans") are available on monthly subscription. The subscription fee for a Plan and/or the level of service rendered for a Plan (number of user accounts permissible, number of locations permissible, etc.) may, with a minimum of 28 days prior written notice to the Subscriber, be changed at the sole discretion of Flowbooking.
   • User Accounts A user account may only be used by one (1) individual. Sharing a User Account constitutes a breach of the Terms of Service. A separate User Account should be used for each person accessing the Dashboard.
   • Booking Volume A Plan may indicate a limit for the number of bookings made in a specified time period ("Booking Volume Limit") in an Account. Should an Account exceed the Booking Volume Limit in any given month, a Subscriber may be asked to: (i) upgrade to a Plan with a higher Booking Volume Limit; or (ii) pay a monthly fee to increase the Booking Volume Limit. If the Subscriber refuses both options, Flowbooking reserves the right to immediately suspend or terminate the Subscription and Account.
   • Circumventing Restrictions Where Flowbooking believes, in its sole discretion, that a Subscriber or User Account is deliberately circumventing Plan restrictions (such as number of User Accounts), Flowbooking reserves the right to suspend or terminate the Subscription and Account, with or without notice.

5. Communication With You

   By subscribing to Flowbooking and creating an Account, you agree to allow Flowbooking to contact you (the Subscriber or User Account holder) via e-mail or notices posted on the Website or Dashboard to solicit feedback, provide news about the Service, start or continue support related discussion, and to resolve billing related issues.

6. Communication on Your Behalf

   By subscribing to Flowbooking and creating an Account, you agree to allow Flowbooking to communicate to users of the Booking System and Dashboard on your (or your company/organisation's) behalf via e-mail and SMS. This right is reserved for communication to users regarding bookings made using the Booking System (e.g. booking confirmations, reminders, event update notifications, cancellation confirmations, error messages) or actions taken in the Dashboard (e.g. sending e-mail via the Dashboard). You agree to allow Flowbooking to place attribution in such communications (such as the phrase "Bookings by Flowbooking") and other information required by law or intended to improve the quality or deliverability of the communication.

7. Sensitive Card Data

   You must not store credit card numbers, personal identification numbers, card verification numbers, card signatures or other sensitive cardholder data on our servers, even if encrypted.

   You may communicate your card data to us for Subscription payment or other payment. Your sensitive card data will not be stored on our servers.

   • (a) You are liable for any fine, penalty or cost incurred by us resulting from your storage of sensitive card data on our servers.

8. Access to Your Account

   Flowbooking reserves the right to access your Flowbooking Account for diagnostic, performance, testing and support related reasons. While accessing your Account, we will avoid making irreverisble changes to your information stored in Account.

9. Data Retention

   Flowbooking makes no guarantees about data retention and is not responsible or liable for the loss, deletion, unwanted modification, damage, destruction or failure to store any Content (including but not limited to events, bookings, user information, settings). Upon termination of your Account, your right to access data associated with the Account is immediately revoked.

10. Force Majeure

    If provision of Flowbooking is delayed due to a Force Majeure circumstance, we will not be in default, nor liable for any loss incurred by you, for that reason only.

11. Your Obligations

    The Subscriber or User Account holder is solely responsible protecting the privacy and legal rights of its End Users under all applicable laws and regulations.

12. Responsibility of Website Visitors

    Flowbooking has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Flowbooking does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. 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 Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website 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. Flowbooking disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

13. Content Posted on Other Websites

    We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Flowbooking.com links, and that link to Flowbooking.com. Flowbooking does not have any control over those non-Flowbooking websites and webpages, and is not responsible for their contents or their use. By linking to a non-Flowbooking website or webpage, Flowbooking does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, malware, Trojan horses, and other harmful or destructive content. Flowbooking disclaims any responsibility for any harm resulting from your use of non-Flowbooking websites and webpages.

14. Copyright Infringement and DMCA Policy

    As Flowbooking 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 Flowbooking.com violates your copyright, you are encouraged to notify Flowbooking in accordance with Flowbooking's Digital Millennium Copyright Act (“DMCA”) Policy. Flowbooking will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Flowbooking will terminate a visitor’s access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Flowbooking or others. In the case of such termination, Flowbooking will have no obligation to provide a refund of any amounts previously paid to Flowbooking.

15. Intellectual Property

    This Agreement does not transfer from Flowbooking to you any Flowbooking or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Flowbooking.

16. Changes

    Flowbooking reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Flowbooking may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

17. Suspension and Termination

    Flowbooking may suspend or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you must discontinue using the Service. To terminate your Subscription or your Flowbooking Account (if you have one), use the controls available in the Dashboard or contact us via e-mail. Simply contacting us does not constitute a termination of a Subscription; the termination must be confirmed by us. Following termination, we reserve the right to refuse all future use of the Service. Termination of a Subscription does not guarantee deletion of an Account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

18. Disclaimer of Warranties

    The Service is provided “as is”. Flowbooking and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Flowbooking nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

19. Limitation of Liability

    In no event will Flowbooking, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Flowbooking under this agreement during the two (2) month period prior to the cause of action. Flowbooking shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

20. Indemnification

    You agree to indemnify and hold harmless Flowbooking, 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 the Website or the Service, including but not limited to your violation of this Agreement.

21. Acceptable Use

    By accepting the Terms of Service, you agree to use the Service in accordance to the Acceptable Use Policy.

22. Miscellaneous

    This Agreement constitutes the entire agreement between Flowbooking and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Flowbooking, or by the posting by Flowbooking of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of New South Wales, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sydney, New South Wales. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in independed arbitration performed in Sydney, Australia in the English Language. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Flowbooking may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.