1. Acceptance of Terms
MyBookingManager.com provides its services to you subject to the following Terms of Service (TOS). If you do not agree to be bound by our TOS, do not use or access our services. We may amend these terms at any time by posting the amended terms on this site. Amendments are effective 7 days after posting. These terms apply to both event organisers who use our services and event attendees who register using our services.
2. Acceptable Use
You agree not to use MyBookingManager to:
a. upload, post, email, transmit or otherwise make available any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
b. upload, post, email, transmit or otherwise make available any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
c. harm minors in any way;
d. impersonate any person or entity, whether actual or fictious, including, but not limited to, a MyBookingManager employee or consultant;
e. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service;
f. upload, post, email, transmit or otherwise make available any Information that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law; or
k. stalk or otherwise harass another.
3. Event Organisers
You must be legally able to organise the event that you create on our site. You must accurately describe your event and all terms, including cancellation and refund policies. You are obligated as the organiser to complete the transaction with the registering user. Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our site or your event.
MyBookingManager is a for fee service. MyBookingManager will invoice you on a periodic basis for these fees. Some fees are one time fees that you and MyBookingManager agree to. For example, custom event set up or connection to your merchant credit card account are actions performed by MyBookingManager on an agreed to basis and the related fees charged are one time and are agreed upon by you and MyBookingManager in advance. By using the service you agree to pay the fees. If the fees are not paid in a timely manner, we reserve the right to terminate your usage of the service. If you utilize the MyBookingManager service in such manner as to avoid the MyBookingManager service fees, we reserve the right to terminate your usage of the service.
You, as an event organiser, agree that fees charged for MyBookingManager services are due when invoiced. Should you fail to pay the invoiced MyBookingManager fees in a timely manner, we reserve the right to:
a. terminate your account
b. cancel the event registrations
c. access the event registration list(s)
d. contact the event registrants for the purpose of mitigating our losses.
You agree that we (MyBookingManager) have the right to appropriate your registration list and do whatever we deem necessary to recover our fees.
4. Event Attendees
By registering for an event, you agree that MyBookingManager does not provide any type of refund for any event. MyBookingManager is simply a software tool used by event organisers to process registrations. Accordingly, you must contact the event organiser to seek a refund.
You agree to indemnify and hold MyBookingManager, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of information you submit, post, transmit or make available through the Services, your use of our services, your connection to the services, your violation of the TOS, or your violation of any rights of another.
6. Disclaimer of Warranties
You expressly understand and agree that:
a. this service is provided “as is” and without any warranty or condition, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
b. MYBOOKINGMANAGER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYBOOKINGMANAGER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
7. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYBOOKINGMANAGER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYBOOKINGMANAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.