By using Cowlendar Services (as defined below) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). You must read, agree to and accept all of the terms and conditions contained in the Terms of Service and Privacy Policy (and any applicable data protection addendum).
This Terms of Service, Privacy Policy and any applicable DPA collectively forms your agreement (the “Agreement”) and governs your access to, and use of, the websites, services, applications and integrations (collectively, the “Services”) which are owned, operated or provided by or on behalf of BOOKING APPOINTMENT COWLENDAR SAS.
As used in this Agreement, “you” and “your” refers to you, the person accessing the Services; “we” means (and “us”, “our”, “ours” and “ourselves” refer to) BOOKING APPOINTMENT COWLENDAR; and “party” or “parties” refers to both you and us. The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.
IMPORTANT! YOUR ACCESS TO AND USE OF THE SERVICES IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. PLEASE CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED. ACCESSING OR USING THE SERVICES IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICES.
You can view, print, download or save this Agreement at any time, under the “Terms of Service” link that appears on our website. We reserve the right to change these terms and conditions at any time without notice, by updating this Agreement, and such changes will be effective as of the date these updates (or an updated version of this Agreement) is posted to our website. We may provide notice to you of material revisions by means of a general notice on our website. Your continued use of the Services after such revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement.
Our services
Our app Cowlendar enables you to offer bookings on your online store. This app is designed to add value on feature to your existing online store.
We take reasonable efforts to explain each Service’s features to you on our website, but we can’t guarantee a Service will look or perform exactly like it appears on a demo page. If you have any questions about any terms or details of any of our Services, please reach out to through our contact email.
BOOKING APPOINTMENT COWLENDAR shall use commercially reasonable efforts to provide technical support for Services. We are not responsible for providing technical support for any apps, products, or services provided to you by third parties.
Payments and Terms
All payments to BOOKING APPOINTMENT COWLENDAR do not include applicable sales, goods and services, harmonized, or any other taxes or fees, which may be charged by governmental authorities. Such taxes and/or fees will be added to the total amount you are required to pay and billed to your method of payment. Payment of these taxes and/or fees will be your sole responsibility
You agree to indemnify and hold harmless BOOKING APPOINTMENT COWLENDAR and its officers, directors, subsidiaries, affiliates, employees, representatives, agents, licensors and their respective successors and assigns (collectively, its “Others”), against any chargeback costs (plus any taxes or related fees) which we are required to pay, as a result of a payment dispute with you or in relation to a payment you have made to us for the Services.
In the event that you are billed directly by us, in most cases, you will be billed in advance of your payment period, typically monthly. In some cases, such as for overages, you may be billed in the month after the overages incurred. You must make all payments, without any setoff or deduction for any reason, within fifteen (15) days of the date of your invoice in a manner determined by us in our sole discretion.
All payments are made payable in USD (United States Dollars).
Trial Period
We may offer a trial period for certain Services before being required to purchase or subscribe. The duration and specific terms of the trial period will be published to our websites and during the Services install process. You will not be charged for the Services until the trial period has expired. You agree that even though you may have access to the Services on a trial basis, free of charge, you will be bound by the terms and conditions of this Agreement. Your continued use of the Services following the conclusion of the trial period constitutes your consent to be charged for those Services and to the provisions in this Agreement.
Right to use the Services and Intellectual Property
Subject to your compliance with the terms and conditions of this Agreement, we hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable, revocable right to install and use the Services for the purpose of operating your online store. This right terminates upon termination of this Agreement or any other agreements previously provided to you by us, as may be applicable. For certainty, if you uninstall cowlendar app , your Agreement is terminated automatically. Any and all rights not expressly granted to you are reserved by us, and this Agreement does not confer to you a proprietary interest in any Services.
Certain words, phrases, names, designs or logos made available on or through the Services may constitute trademarks, service marks, or trade names that are owned by us or others. The display of such marks on or through the Services does not imply that you have been granted a licence by us or others with respect to them.
If you believe in good faith that any material that is made available on or through the Services, infringes your copyright, please notify us using our contact email.
Termination
BOOKING APPOINTMENT COWLENDAR may terminate User access to all or any part of the Website or Service at any time, with or without cause, and with or without prior notice, effective immediately. This means BOOKING APPOINTMENT COWLENDAR is not required to provide a notice before termination. However, if BOOKING APPOINTMENT COWLENDAR chooses to issue a notice, it will provide a two (2) week notice before termination.
In the case of paid accounts, the same terms apply. If the agreement is terminated, the User will be refunded on a pro-rata basis for the days remaining in their subscription.
BOOKING APPOINTMENT COWLENDAR also reserves the right to immediately terminate the Website as part of a general shutdown of services.
All provisions that by their nature should survive termination, including ownership, indemnity, and liability limitations, will remain in effect after termination.
Additionally, all data related to the use of the application will be deleted from our servers to comply with data protection laws in various countries/regions.
Third Party Services and Content
We are not a party to any relationship between you and any third party, including, but not limited to, you and your eCommerce platform or you and your customers (your “Customers”), and as such, we have no responsibility to you as regards to your relationships with these third parties. You acknowledge and agree that you have no recourse against us for any acts or omissions of third parties, and your interaction with third parties is entirely at your own risk.
Your use of the Services may rely on services and products which are offered by third parties (“Third Party Services”). We have no responsibility to you for anything third parties do (or fail to do) and we provide no warranties or guarantees about third parties or Third Party Services. Your use of Third Party Services may be subject to specific terms and conditions which are set by those third parties.
We may make third parties’ content and materials (“Third Party Content”) available to you through our websites, such as reviews. Our making available of such Third Party Content does not constitute an endorsement or recommendation, and we are not responsible for any reliance you may place on Third Party Content. We make no warranties or representations as to any Third Party Content and we shall have no liability for it. Any opinions or statements made by third parties are those of such third parties, and do not necessarily state or reflect our views.
You agree that we will have no liability to you with respect to the acts, omissions, errors, representations, warranties, breaches or negligence for any damages or expenses resulting in any manner from your interactions with any: a) third parties; b) Third Party Services; or c) Third Party Content, and we are not obliged to become involved in any disputes you may have with any third parties. If you have a dispute with any third parties, you release BOOKING APPOINTMENT COWLENDAR and its Others from any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages, arising out of or in any way related to such disputes and/or our Services.