Terms of Use

TimTim BV (hereafter referred to as “TimTim”, “we”, “us”, or “our”) provides software (“Bookex”, the ”Application”) to accept and handle bookings online for activities and accommodations (collectively, the “Customer Services”). Application’s capabilities and its price plans are featured on our website (the “Site”).

By accessing and using the Application you acknowledge and agree to have read, understood and agreed to the Terms of Use. If you accept or agree to these Terms of Use on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Use and, in such event, “Customer”, “you” and “your” will refer and apply to that company or other legal entity.

Definitions

“Customer” means any entity which is using and paying for the software service of TimTim BV, commercially traded as Bookex.

“Account” means the platform which the Customer has access to through a unique login and password, which hosts the data of the Customer’s reservation and workflow information.

“Guest” means a person who has requested a booking online by which the booking has been processed by TimTim’s technology.

“Site” means the commercial website that advertises Bookex and the services of TimTim BV.

“Microsite” means a website that includes a form to capture personal information that is relevant for making a booking of a Customer Service. The Microsite includes shopping cart technology to simplify the booking process and could be intregated in the Customer’s website. Allthough for Guests it looks like they don’t leave the Customer’s website the Microsite is part of Bookex.

Registration & Account security

If you would like to use Bookex you need to create an account for Bookex.
 If you register for an account on Bookex, you agree to (i) provide accurate, current and complete information as may be prompted by any registration forms on Bookex (“Registration Data”); (ii) maintain the security of your password; (iii) maintain and promptly update the Registration Data, and any other information you provide to Bookex, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Bookex. You are responsible for all activity on your Bookex account, and for all charges incurred by your Bookex account. You will immediately notify TimTim of any unauthorized use of your Bookex account.

Payment, Refunds, Upgrading and Downgrading Terms

A valid credit card is required to use Bookex.

You will be billed 30 days after the first day that you active your account by inputting your credit card details in the backoffice of your account.

Use of the Application is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Dutch taxes.

For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Bookex may cause the loss of personal information, features, or capacity of your Account. TimTim does not accept any liability for such loss.

Modifications to the Service and Prices

Fees and any other charges for the use of Bookex are described on the Site. They may change from time to time. If we change them, we will do our best to notify you at least 30 days notice. If they do change, your continued use of Bookex, as the case may be, after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.

Data provided by you as the Customer such as receipts of bookings that have been made for any of your services (Customer Services), correspondence between you and your Guests, activity schedules, email templates or any other personal or business related data you have added to the Application is your property. We have no responsibility or liability for it, or for any loss or damage your information may cause to you or other people.

Other than data added by you, the Application, all its interaction patterns, visuals and software is the property of TimTim or its licensors, and is protected by Dutch and international copyright laws.

Content used on your Microsite should not infringe any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.). TimTim may remove any Content you submitted if TimTim determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage TimTim’s reputation and goodwill.

Our Disclosure of Your Data

Data added to your account by yourself is your property and we don’t share it with, nor sell it to, any other Customer or third party. TimTim’s employees will only access your data once you’ve requested support. Every employee of TimTim has signed our NDA (Non Disclosure Agreement) in order to protect your data.

We use credit card and other payment information you submit to us in the Application, and other information that we collect, as required, to process payments for your account. We do not store credit card information and credit card processors we use (like PayPal and Paymill) have the sole and complete responsibility for the storage of credit card and payment information.

No Endorsement

By using the Account you agree that any legal remedy or liability that you seek to obtain for actions of third parties will be limited to a claim against the particular party who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from TimTim with respect to such actions or omissions.

Cancellation and Termination

You are solely responsible for properly canceling your account. A phone request to cancel your account is not considered cancellation. You can cancel your account at any time by writing us an email. All of your Customer Content will be immediately deleted upon cancellation. This information can not be recovered once your account is cancelled. If you cancel your subscription before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged for the subsequent month.

TimTim, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Account, or any other TimTim service, for any reason at any time. Such termination of the Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Customer Content in your Account. TimTim reserves the right to refuse service to anyone for any reason at any time.

Inactive Accounts

If your account is inactive for at least two months and you have an outstanding balance, we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account. If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice.

Modification of these Terms of Use

Bookex reserves the right to change the terms, conditions, and notices under which the Bookex Software is offered, including but not limited to the charges associated with the use of the Bookex Software.

Delivery Instructions

Bookex Software is instantly available online once submitting the sign-up form. After signing up, we will send you a confirmation email to allow you to use the software immediately.

The Bookex Software may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Bookex and Bookex is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bookex is not responsible for webcasting or any other form of transmission received from any Linked Site. Bookex is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bookex of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of Bookex Software, you warrant to Bookex that you will not use the Bookex Software for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Bookex Software in any manner which could damage, disable, overburden, or impair the Bookex Software or interfere with any other party’s use and enjoyment of the Bookex Software. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Bookex Softwares.

Materials Provided to Bookex or Posted at any Bookex Software

Bookex does not claim ownership of the materials you provide to Bookex (including feedback and suggestions) or post, upload, input or submit to any Bookex Software or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Bookex, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Bookex is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Bookex’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Privacy

In these terms, personal data has the meaning given to it under the General Data Protection Regulation (GDPR).

To the extent to which it applies to you, you agree to comply with the GDPR. You otherwise agree to comply with other local laws which may apply to you and/or your customers in connection with the collection, use, holding and disclosure of personal data.

You warrant that, in relation to any personal data you provide to Bookex, you have sought the relevant individual’s real and informed consent for Bookex to process that information in accordance with Bookex’s privacy policy and these terms. Without limitation, that includes consent for Bookex to:

  • Process the personal data as part of managing the booking process; and
  • You indemnify Bookex for any fine or penalty imposed on or damages associated with any claim served on Bookex arising from your breach of the above warranty in relation to privacy and personal data.

In the event that you suspect that a data breach has occurred involving personal data held by you:

  • you must cooperate fully in assisting Bookex in determining whether there are reasonable grounds to believe that a breach which is the subject of legislative notification obligations has occurred;
  • you must cooperate fully with Bookex in taking remedial action in relation to the suspected breach to ensure that no serious harm occurs to an individual to whom the information disclosed in the suspected breach relates; and

Liability Disclaimer

The information, software, products, and services included in or available through the Bookex Software may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Bookex and/or its suppliers may make improvements and/or changes in the Bookex Software at any time. Advice received via the Bookex Software should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Bookex and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Bookex Software for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Bookex and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Bookex and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Bookex Software, with the delay or inability to use the Bookex Software or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Bookex Software, or otherwise arising out of the use of the Bookex Software, whether based on contract, tort, negligence, strict liability or otherwise, even if Bookex or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Bookex Software, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Bookex Software. Service Contact : info@Bookex.com

Termination/Access Restriction

Bookex reserves the right, in its sole discretion, to terminate your access to the Bookex Software and the related services or any portion thereof at any time, without notice.

General

To the maximum extent permitted by law, this agreement is governed by the laws of The Netherlands and you hereby consent to the exclusive jurisdiction and venue of courts in The Netherlands in all disputes arising out of or relating to the use of the Bookex Software. Use of the Bookex Software is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bookex as a result of this agreement or use of the Bookex Software. Bookex’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bookex’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Bookex Software or information provided to or gathered by Bookex with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bookex with respect to the Bookex Software and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bookex with respect to the Bookex Software. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

All contents of the Bookex Software are copyright TimTim BV and/or its suppliers. All rights reserved.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Bookex the written information specified below. Please note that this procedure is exclusively for notifying Bookex that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
  • For notice of claims of copyright infringement Bookex’s contact details are listed on the Contact page of this web site.

About TimTim B.V.

TimTim B.V. is a private company, incorporated under the laws of the Netherlands and having its offices at Langstraat 72, 3256 AM Achthuizen, the Netherlands and registered with the trade register of the Chamber of Commerce in Amsterdam under registration number 34358043. Our VAT registration number is NL821246665B01.

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