Subject to the terms of this Agreement, the Company hereby grants to you a non-exclusive, limited, non-transferable, non-sublicensable license to use and access the Services. The Services include, without limitation, securely transmitting appointment booking information and payment information.
In order to use the Services, you must register to create an account. You represent and warrant that you are authorized to provide all the information you provide upon registration for your account. You are responsible for all activities occurring under your account and for keeping your password and other account information confidential. You are responsible for putting in place and observing all safety measures that may be necessary to protect your personal well being and property and to prevent unauthorized access, misuse of account information and/or passwords, or misuse of any other information. The Company is not liable to you for any unauthorized access or misuse of the Services or your account.
In order to enter into these Terms, you must be fully able and competent to enter into the Terms and to abide by and comply with them. If you accept these Terms, you represent that you have the capacity to be bound by them. If you are agreeing to these terms on behalf of an entity or organization, you hereby represent and warrant that you have all necessary permissions and authority to agree to these terms and to bind such entity or organization to these terms.
Third Party Communications
The Services allow you to communicate with an individual or an organization other than the Company (a “Third Party”) to book appointments and complete payment transactions.
Any communication with a Third Party, including any services and any advice, opinion or information you may obtain by way of such communications through the Services, or any payment transaction facilitated or enabled by the Services, is between you and this Third Party.
The Company is not responsible for the content of these communications and expressly disclaims any responsibility or liability for any claims, losses or damages that may arise as a result of such communications or failure of communications.
The Company reserves the right, but has no obligation, to become involved in any way with any dispute between you and another party arising out of or that is in connection with the Services.
The Company is not responsible for the conduct, whether online or offline, of any user of the Services.
You must not, and you must not request or authorize another person to:
(i) Engage in any activities through or in connection with the Services that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, violent, threatening, harassing, or abusive, or that violate any right of any third party;
(ii) To the maximum extent permitted by applicable law, reverse engineer, decompile, disassemble, reverse assemble, or modify any source or object code or any software or other products, services, or processes accessible through any portion of the Services;
(iii) Engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, the Company, a Third Party or other users of the Services;
(iv) Interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services;
(v) Attempt to gain unauthorized access to the Services, computer systems or networks connected to the Services, through hacking, password mining, or any other means and from engaging in activities that are not in compliance with applicable laws;
(vi) Harvest or otherwise collect or store any information of third parties (including personal information about other users of the Services, without the express consent of such users);
(vii) Use the Services or any data obtained through the Services for the purpose of engaging in any commercial activity or to send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam or other commercial electronic messages through the Services;
(viii) Solicit sensitive data from users of the Services. Sensitive data is defined as personal health, financial, or similar data; or,
(ivi) Otherwise violate this Agreement.
We will delete or request removal of accounts, at our discretion and without liability, for unacceptable or prohibited use. We may choose not to give notice or explanation. We also reserve the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Consent to Use of Data
When creating an account and using the Services, you will be asked to provide certain personal information which may include email and phone number. The Company will collect, store, use and disclose this information in accordance with the Privacy Notice available by clicking here.
By agreeing to the terms of this Agreement, you agree to the collection, use and disclosure of your personal information as outlined in the Privacy Notice.
Rights to Data
You own your Personal Information.
In accordance with our Privacy Notice available by clicking here, you agree that the Company may collect, use and disclose any non-personally identifiable information that has been derived from your Personal Information, or generated by your use of the Services (“Anonymous Data”). The Company uses practices to create Anonymous Data that are in accordance with generally recognized industry standards. To be clear, this does not grant to the Company the right to disclose any data concerning you, other than Anonymous Data, without your consent.
If you purchase a subscription to the Services, you shall pay Company the subscription fees specified at the time of purchase or as otherwise indicated to you in your purchase order. Your subscription may be subject to additional terms and conditions that will be presented to you at the time of purchase.
From time to time, the Company will provide updates to the Services. The terms of this Agreement will govern any update to the Services provided by the Company that replace and/or supplement the original Services, unless such update is accompanied by a separate license in which case the terms of that license will govern.
Some updates to the Services may be optional or require some action on your part. If you do not complete any action, the Services may not function properly or at all. The Company will not be responsible for any problem caused by your failure to complete any action, voluntary or required, for any update.
Any links or references to third party information are provided solely as a convenience to you. These links do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those websites or references or the activities of the people, organizations, and/or businesses responsible. When you use a link to go from the Services to another website or service, your browsing and interaction is subject to that website’s own rules and policies, not those of the Company. The Company shall have no liability to you for any content that you may find to be offensive, indecent, or objectionable.
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from Company if you fail to comply with any term(s) of this Agreement. Upon termination of this Agreement, you must cease all use of the Services.
Intellectual Property Rights
You acknowledge that the Services and all information related thereto constitute valuable proprietary, confidential and trade secret information of the Company. Copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Canada and other countries protect the Services. By agreeing to this Agreement, you acknowledge that, as between you and the Company, the Company owns and retains all rights, title and interest in and to the Services including without limitation all copyright, trademark and intellectual property rights therein, and that the only right you have is the limited right to use the same as set forth in this Agreement. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, upgrades, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Company and its licensors. All rights in the Services not expressly granted to you are reserved by Company or its licensors.
You hereby grant the Company a paid-up, royalty-free, worldwide, transferable, sub-licenseable, irrevocable, perpetual, unrestricted license to use or incorporate into the Services and/or any other products or services, any suggestions, enhancement requests, recommendations or other feedback provided by you or your users relating to the Services.
You shall, on demand from the Company, indemnify, defend and hold Coconut Software Corp., its Affiliates and its and their directors, officers, employees, contractors and agents (the “Company Parties”) harmless from and against any and all damages, liability and costs, including attorneys’ fees, incurred by any of Company Parties in connection with or arising out of: (i) Your violation or breach of this Agreement or any applicable law or regulation, whether or not referenced in this Agreement; (ii) Your violation of any rights of any third party; or (iii) Your misuse of the Services.
Limitation of Warranty
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE EXCLUSION AND LIMITATIONS BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY PARTIES DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS BELOW MAY NOT APPLY TO YOU. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, EXTRA-CONTRACTUAL LIABILITY, TORT OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE LIMITED REMEDY OFFERED IN THIS LICENSE FAILS OF ITS ESSENTIAL PURPOSE.
Company Parties shall not be responsible for any failure to perform to the extent due to unforeseen circumstances or causes beyond its control, including but not limited to acts of God, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, or strikes, labour problems (other than those involving the employees of the affected party), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within the party’s possession or reasonable control, provided that Company gives you prompt written notice of the failure to perform and the reason therefore and uses its reasonable efforts to limit the resulting delay in its performance.
The Company may modify this Agreement from time to time. The Company will give you written notice of modifications to the Agreement by any reasonable manner of notice which it elects and your use of the Services after the effective date of the modifications as set out in such notice constitutes your agreement to such modifications.
This Agreement constitutes the entire agreement between you and the Company with respect to your access to and use of the Services. The Company's failure to enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. This Agreement is not assignable, transferable or sublicensable by you except with the Company’s prior written consent. The laws of the Province of Saskatchewan, excluding its conflicts of law rules, govern this Agreement. Any disputes in relation to this Agreement shall be brought to the courts of competent jurisdiction of the Saskatoon, Saskatchewan. It is the express wish of the parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
You acknowledge and agree that the Services may be subject to export and import controls under the regulations of Canada, the United States and other countries, and you shall comply with all export and import control regulations of such countries. You shall not use the Services for any purposes prohibited by export laws, including, without limitation, nuclear, chemical or biological weapons proliferation. You shall be responsible for procuring all required permissions for any subsequent export, import or use of the Services.
Your feedback or advice about the Services and our business helps us improve. You agree that you provide your advice or feedback for free and for us to use in any way. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, please do not submit them to us by email, as email is not a safe or secure method of transmitting confidential or private information.
If you have questions regarding this Agreement, please contact us at:
121 Research Drive, Suite 102
Last updated: May 28, 2018