Terms & Conditions
Revised: October 01, 2016
These Terms of Service for Clients ("Terms") govern your use of the For The BookIn Incorporated (“BookIn") website and mobile application (collectively, the "Site") and the BookIn services ("Services"). These Terms apply to all users of the Site and Services. By accessing or using the Site or Services, you agree to these Terms.
The Site and Services offer you a marketplace platform where users who seek personal trainers or fitness experts in any type of sport or fitness training or class ("clients") can select someone with the specific skill-set and interest the client is looking for ("personal trainers" or "fitness expert") at their location and trainers and experts can offer those services and classes to clients. Clients can locate personal trainers, schedule appointments, and pay personal trainers using the Services. Personal trainers can post class types, schedule their available times, and receive payment using the Services.
The Services may only be used to obtain or offer personal training and fitness services; no other services may be obtained or offered. Personal trainers are not employees of BookIn and BookIn is not hiring an personal trainer for a client. As between BookIn and any personal trainer, personal trainers are responsible for paying any taxes required by law. BookIn may, but is not obligated to, conduct reviews, verifications, and background checks of clients and personal trainers. Nonetheless, BookIn does not have control over the quality, timing, or legality of the services actually delivered by personal trainers, nor of the integrity, responsibility or actions of clients or personal trainers and we make no warranties or guarantees about them.
You must be at least 18 years old to use the Site or the Services.
3. Additional Terms
Some of our Services have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will make them available for you to read through prior to your use of that Service. By using such Services, you agree to the applicable Additional Terms.
4. Acceptable Use of the Site and Services
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. When you use the Site or Services, you shall not: violate any law or regulation; violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights; use our Site or Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs or personal contact information of others, without their permission; transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable; send unsolicited or unauthorized advertising or commercial communications, such as spam; transmit any malicious code or computer viruses; stalk, harass, or harm another individual; impersonate or misrepresent your affiliation with someone else; use any means to "scrape," "crawl," or "spider" any web pages contained in the Site (although BookIn does allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, and BookIn reserves the right to revoke these exceptions either generally or in specific cases); use automated methods to use the Site or Services in a manner that sends more requests to the BookIn servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, malicious code, flood pings, denial-of- service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; register for more than one BookIn account or register for an BookIn account on behalf of an individual other than yourself; recruit or otherwise solicit any user to join third party services or websites that are competitive to BookIn, without BookIn's prior written approval; use, display, mirror, or frame the Site or any individual element within the Site or Services, BookIn's name, any BookIn trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without BookIn's express written consent; access, tamper with, or use non-public areas of the Site, BookIn's computer systems, or the technical delivery systems of BookIn's providers; attempt to probe, scan, or test the vulnerability of any BookIn system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by BookIn or any of BookIn's providers or any other third party (including another user) to protect the Site or Services; attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Services; or advocate, encourage, or assist any third party in doing any of the foregoing. BookIn will investigate and prosecute violations of any of the above to the fullest extent of the law. BookIn may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that BookIn has no obligation to monitor your access to or use of the Site or Services or to review or edit any User Content, but has the right to do so for the purpose of operating the Site or Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. BookIn reserves the right, at any time and without prior notice, to remove or disable access to any content on the Site that BookIn, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.
5. User Content
You own all content and information you post or share using the Site or Services (referred to as "User Content"). You give BookIn permission to use your User Content as follows: you grant to BookIn and its affiliates a license to use, copy, or display your User Content in connection with the Site or Services. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others and we may use your User Content to advertise and promote BookIn, the Site, or the Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You promise that: you own all rights to your User Content or, alternatively, that you have the right to give BookIn the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; andyour User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit any User Content. We may remove User Content from the Site or Services for any reason.
Other than User Content, we own or license the content on the Site and Services, including software, text, visual, and audio content (collectively, the "Content") and BookIn's trademarks, logos, and brand elements (collectively, the "Marks"). The Content and Marks are protected under U.S. and international laws. We reserve all rights not expressly granted to you.
7. Copyright Policy
Notice of Copyright Infringement We respect the intellectual property rights of others. Please notify us in writing, by e-mail or mail to our designated agent listed below, if you believe that a user of the Site or Services has infringed your intellectual property rights. We provide this policy pursuant to Copyright Protection in the Digital Environment in Hong Kong.
To be effective the notification should include:
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; identification of the claimed infringing material and information reasonably sufficient to permit BookIn to locate the material on the Site or Services; information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and your physical or electronic signature. You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Site and Services without liability.
Counter-Notice by Accused User
If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by e-mail or mail to our designated agent below. That written communication should include the following: your physical or electronic signature; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or mis-identification of the material to be removed or disabled; and your name, address, and telephone number, and a statement that you consent to the jurisdiction of District Court for the judicial district in which such address is located.
Please send all notices under the above copyright infringement policies by e-mail to the following office, designated as BookIn's receipt of notifications of claimed infringement:email@example.com
Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for Notice.
Your account will be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid take down request that has not been successfully rebutted.
9. Third Party Content and Interactions
The Site and Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of BookIn, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals, including clients and personal trainers, found on or through the Site and Services are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that BookIn is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of the Site or Services, or between users and any third party, you understand and agree that BookIn is under no obligation to become involved. In the event that you have a dispute with any other user of the Site or Services, you hereby release BookIn and its affiliates, and their officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Site and Services.
Clients When a client schedules a class or session with a personal trainer through the Site, the client must provide the requested credit card payment information. At that time, a hold will be placed on the client’s credit card. Payment for the class or session will be processed upon completion of the class or session. You may cancel a class or session up to 24 hours prior to the scheduled class or session without charge or penalty; the hold on your card will simply be removed. Within 24 hours of the scheduled class or session, no cancellations are permitted, your credit card will be charged for the full amount due for the class or session, and no refunds will be provided. At BookIn's sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by BookIn. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the client shall be responsible for payment of all taxes, levies, or duties associated with his or her purchases here under, excluding only United States (federal or state) taxes. You may not pay your personal trainer outside of the platform and doing so will result in termination from BookIn.
Personal trainers, instructors, fitness experts
When a client schedules a class or session with a personal trainer through the Site, the client will pay all amounts due at that time. BookIn charges a fee to personal trainers (the “Administrative Fee”) of 5%. BookIn will remit the amount of payment by the client, less the Administrative Fee to the personal trainer using the account information provided by the personal trainer. Clients may obtain a full refund for any class or session booked up to 24 hours prior to the scheduled class or session. Within 24 hours of the scheduled class or session, no refunds will be provided. At BookIn's sole discretion, refunds or credits may be granted to client’s in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by BookIn. Any refunds made to a client will be deducted from any amounts paid to the personal trainer. You may not accept payment from clients associated with BookIn and doing so will result in termination from BookIn. Any additional payment terms and details will be provided to personal trainers by BookIn.
12. Changes to the Site or Services
BookIn enhances and updates the Site and Services often. We may change or discontinue the Site or any Services, with or without notice to you.
We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.
14. Disclaimer and Limitations on Our Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOOKIN AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).
IN PARTICULAR, BOOKIN AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, any
recommendations or other content available on or through the Site or Services), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES. BOOKIN AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.
BOOKINAND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SERVICES OFFERED BY PERSONAL TRAINERS, RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE SITE OR SERVICES OR ANY LINKED WEBSITE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS (INCLUDING BOTH CLIENTS AND PERSONAL TRAINERS). YOU UNDERSTAND THAT BOOKIN MAY NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON OR ANY OTHER SCREENING OF CLIENTS OR PERSONAL TRAINERS. BOOKIN ALSO MAY NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ALL CLIENTS OR PERSONAL TRAINERS OR ATTEMPT TO VERIFY THE STATEMENTS OF CLIENTS OR PERSONAL TRAINERS. BOOKIN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF CLIENTS OR PERSONAL TRAINERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE CLIENTS OR PERSONAL TRAINERS. BOOKIN RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOOKIN OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BOOKIN NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE SITE OR SERVICES OR THESE TERMS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent BookIn may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of BookIn's liability will be the minimum permitted under such law.
You agree to indemnify, defend, and hold BookIn and its Affiliates harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including your User Content or any other content) that you or anyone using your account submit, post, or transmit on or through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. BookIn reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with BookIn in such defense.
By accessing or using the Site or Services, you agree: (i) that any and all disputes you may have with, or claims you may have against BookIn or its Affiliates relating to, arising out of or connected in any way with (a) the Site or Services, (b) these Terms, or (c) the determination of the scope or applicability of this agreement to arbitrate (a "Claim"), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, BookIn will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Neither you nor BookIn may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or BookIn's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR BOOKIN WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Terms will survive the termination of your relationship with BookIn.
17. Other Provisions
Under no circumstances will BookIn be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control. If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of BookIn to enforce any right or provision of these Terms will not prevent BookIn from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets, or by operation of law.
18. Changes to these Terms
We may change these Terms from time to time. If we change these Terms, we will inform you by posting the revised Terms on the Site. Those changes will go into effect on the "Revised" date shown in the revised Terms. By continuing to access or use the Site or Services, you agree to the revised Terms.
19. Recurring Billing
20. Free Trials
Your BookIn membership may start with a free trial. The free trial period of your membership lasts for the period of time specified during sign-up. Free trials are for new members only. BookIn reserves the right, in its absolute discretion, to determine your free trial eligibility. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. Please contact customer service firstname.lastname@example.org for a cancellation or any other inquires.