Online Booking AssistantOnline Booking Assistant
Terms and Conditions

Terms and Conditions

1. INTRODUCTION

1.1 Online Booking Assistant Subscription Agreement (the "Subscription Agreement") is a legal agreement between you and Online Booking Assistant Limited and governs your use of any of Online Booking Assistant subscription services on our Internet Software, and includes updates and upgrades to each service (individually and collectively) Subscription to Online Booking Assistant subscription services is offered to you conditionally upon your acceptance without modification of the terms, conditions, and notices contained in this Subscription Agreement. If you do not agree to this Subscription Agreement do not subscribe to or use Online Booking Assistant subscription services.

1.2 Online Booking Assistant includes various software and services operated by Online Booking Assistant Limited, 22 Maywater Close, South Croydon, Surrey, CR2 0RS or its affiliates. As used in this Subscription Agreement, "you" or "your" means you, anyone who has access to use your Online Booking Assistant account. You must be at least sixteen (16) years of age to subscribe to Online Booking Assistant subscription services.

1.3 Your use of a particular Web site or service within Online Booking Assistant subscription services may be subject to additional terms, codes of conduct or guidelines. Your acceptance of this Subscription Agreement also constitutes your acceptance of any Additional Terms applicable to any Web site or service within Online Booking Assistant subscription services. In the event that anything in this Subscription Agreement conflicts with the Additional Terms then this Subscription Agreement shall control.

2. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

2.1 Online Booking Assistant Limited adheres to a strict privacy code for the collection and use of your personal information. We will not share your private information with any third party.

3. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Your subscription to Online Booking Assistant subscription services requires you to open an account, provide us with current, complete and accurate sign-up information, and choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. Online Booking Assistant Limited is not responsible for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be responsible for losses incurred by Online Booking Assistant or another party due to someone else using your account or password.

4. MODIFICATION OF THIS SUBSCRIPTION AGREEMENT
In the event that Online Booking Assistant desires to make any changes or additions to the terms, conditions, and notices involving Online Booking Assistant Limited, including any terms related to pricing, discontinuation of plans and billing, then Online Booking Assistant Limited will notify you of such changes or additions. The form of such notification may be, but is not required to be, e-mail, online via one or more of the Web sites within Online Booking Assistant or other electronic notice. In the event you do not agree to such changes or additions, then you must cancel your subscription and stop using Online Booking Assistant subscription services prior to the effective date of such changes or additions. Your continued use of Online Booking Assistant subscription services after the effective date of such changes or additions constitutes your acceptance of and agreement to such changes or additions.

5. USEAGE LIMITATION
Any commercial use or exploitation of Online Booking Assistant Limited services which is not specifically authrosied by Online Booking Assistant Limited or in any of the terms and conditions or policies or codes of conduct for the time being in force, or the resale of any Online Booking Assistant subscription services, is expressly prohibited. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Online Booking Assistant subscription services. Without the advance express written permission of Online Booking Assistant Limited, you may not 'meta-search' Online Booking Assistant subscription services, send, or cause to be sent, any automated queries of any sort to Online Booking Assistant subscription services.

6. LINKS TO THIRD-PARTY SITES
The links included within Online Booking Assistant subscription services may direct you to third-party Web sites ("Linked Sites"). The Linked Sites are not under the control of Online Booking Assistant Limited and Online Booking Assistant is not responsible for the contents of any Linked Site. Online Booking Assistant is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Online Booking Assistant of the site or any association with its operators. Any dealings with third parties (including advertisers) included within Online Booking Assistant subscription services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Online Booking Assistant shall not be responsible or liable for any part of any such dealings or promotions.

7. NO UNLAWFUL OR PROHIBITED USE

7.1 As a condition of your use of Online Booking Assistant subscription services, you shall not use Online Booking Assistant subscription services for any purpose that is unlawful or prohibited by this Subscription Agreement. You may not use Online Booking Assistant subscription services in any manner that could damage, disable, overburden, or impair any Web site or service within Online Booking Assistant subscription services (or the networks connected to any Web site or service within Online Booking Assistant subscription services) or interfere with any other party's use and enjoyment of Online Booking Assistant subscription services. You may not attempt to gain unauthorised access to Online Booking Assistant subscription services, other accounts, computer systems or networks connected to any Web site or service within Online Booking Assistant subscription services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Online Booking Assistant subscription services. You agree to abide by all applicable local, state, national and international laws and regulations.

7.2 When using Online Booking Assistant subscription services you are subject to all the rules specified by the services and Web sites you visit. This includes Web sites and services within Online Booking Assistant subscription services as well as services and Web sites operated by third parties. If another party reports that you have violated their rules, you agree that Online Booking Assistant may take appropriate action just as if you had violated this Subscription Agreement.

8. USE OF SERVICES; OPERATION OF SERVICES

8.1 Online Booking Assistant subscription services contains e-mail services and/or other message or communication facilities designed to enable you to communicate with others. You shall only use Online Booking Assistant subscription services to post, send, and receive messages and material that are proper and, when applicable, related to the particular Online Booking Assistant subscription services. By way of example, and not as a limitation, you agree that when using Online Booking Assistant subscription services you will not:

  • Use Online Booking Assistant subscription services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise)
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Use any material or information, including images or photographs, which is made available through Online Booking Assistant subscription services in any manner that infringes any copyright, trademark, patent, trade secret, privacy or publicity right, or other proprietary right of any party.
  • Restrict or inhibit any other user from using and enjoying Online Booking Assistant subscription services
  • Violate any code of conduct or other guidelines which may be applicable for any particular Online Booking Assistant subscription services.
  • Harvest or otherwise collect information about others, including e-mail addresses except as is acceptable within these terms
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Send unsolicited e-mail or instant messages through third-party mail servers to relay your message or hide the origination of your message or any other message to others.
  • Use your e-mail accounts in the text of unsolicited e-mail messages or Web sites as an address to which subscribers, members or other Internet users can respond.
  • View, intercept, or attempt to intercept e-mail or other private communications not intended for you.

8.2 Online Booking Assistant Limited has no obligation to monitor Online Booking Assistant subscription services. However, Online Booking Assistant Limited reserves the right to review materials posted to any Online Booking Assistant subscription services and to remove any materials in its sole discretion. Online Booking Assistant reserves the right to terminate your access to Online Booking Assistant subscription services or any Online Booking Assistant subscription services at any time, without notice, for any reason whatsoever. Online Booking Assistant reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in Online Booking Assistant's sole discretion.

8.3 Materials uploaded to Online Booking Assistant subscription services may be subject to posted limitations in United Kingdom, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

8.4 Online Booking Assistant Limited reserves complete and sole discretion with respect to the operation of Online Booking Assistant subscription services. Online Booking Assistant Limited may, among other things: (a) after giving you notice, withdraw, suspend, change, or discontinue any functionality or feature of Online Booking Assistant; (b) limit access to the service to prevent abusive consumption and ensure fair access for all subscribers. You agree that Online Booking Assistant Limited is not responsible or liable for the loss, deletion or failure to store or accept messages or other information.

9. CHARGES AND BILLING

9.1 Charges On Your Billing Account.
Online Booking Assistant Limited bills you through an online account (your "Payment Account") for services and items obtained under this Subscription Agreement (the "Products"), including Online Booking Assistant subscription. You agree to pay Online Booking Assistant Limited all charges at the prices then in effect for any Products ordered by you or other persons (including your agents) using your Billing Account (for example, under an Associated Account), and you authorise Online Booking Assistant Limited to charge your chosen payment method (your "Payment Method") for such Products. You agree to make payment using that selected Payment Method. You will have one billing statement available online (your "Online Statement") per Billing Account. Online Booking Assistant Limited reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If Online Booking Assistant Limited does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN EMAIL ADDRESS, BILLING ADDRESS), AND YOU MUST PROMPTLY NOTIFY ONLINE BOOKING ASSISTANT LIMITED IF YOUR PAYMENT METHOD IS CANCELED OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORISED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT HTTP://WWW.PAYPAL.COM IF YOU FAIL TO PROVIDE ONLINE BOOKING ASSISTANT LIMITED ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT ONLINE BOOKING ASSISTANT LIMITED MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT, UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT (CONFIRMED IN WRITING UPON REQUEST). To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are itemised on your Online Statement or charged to your Billing Account or Payment Method. Currency exchange settlements will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If the amount to be charged to your Billing Account varies from the amount you have preauthorised, you have the right to receive, and Online Booking Assistant Limited shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern your use of that Payment Method. You agree that Online Booking Assistant Limited may accumulate charges incurred during one or more of your monthly billing cycles and submit them as one or more aggregate charges at any time. Online Booking Assistant Limited MAY SUBMIT ALL PERIODIC CHARGES (FOR EXAMPLE, MONTHLY) FOR YOUR Online Booking Assistant SUBSCRIPTION, OR FOR ANY OTHER FEE-BASED SERVICE YOU ORDER THAT WILL BE CHARGED ON A MONTHLY OR OTHER PERIODIC BASIS, ON SUCH MONTHLY OR OTHER PERIODIC BASIS WITHOUT FURTHER AUTHORISATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORISATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE ONLINE BOOKING ASSISTANT LIMITED REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORISATION OR CHANGE YOUR PAYMENT METHOD, GO TO HTTP://WWW.PAYPAL.COM Your continued use of the Products and services on your Billing Account reaffirms that Online Booking Assistant Limited is authorised to charge your Payment Method. Online Booking Assistant may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive Online Booking Assistant's right to seek payment directly from you. Your charges for Online Booking Assistant subscription services are monthly, or annually in advance, and the charges for any other Product may be payable in advance, in arrears, or as otherwise described when you initially ordered the applicable Product. Certain services associated with Online Booking Assistant subscription services may require the payment of additional fees (including, initial activation and reactivation, transfer and relocation) and you agree to pay such pre-approved fees at the prices then in effect as specified for such service to either Online Booking Assistant Limited or its designated service provider. You agree that Online Booking Assistant may pass your account information to its designated service provider of such additional services for their use in charging you for appropriate services rendered. Charges on your Billing Account will be summarised for you on your Online Statement.

9.2 Refund Policies.
You understand that Online Booking Assistant subscription services will commence as soon as Online Booking Assistant Limited receives and processes your initial payment. You agree that any statutory right to withdraw from Online Booking Assistant subscription services will be waived as soon as Online Booking Assistant subscription services commence.

9.3 Online Statement.
You can sign into HTTP://WWW.PAYPAL.COM to view your Online Statement. Your Online Statement will be available according to your Payment Account services. Subject to applicable law, you agree that the Online Statement is the only statement of your Billing Account that Online Booking Assistant needs to provide to you. YOU ALSO AGREE THAT IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR ONLINE STATEMENT AND TO RETAIN THIS COPY FOR YOUR RECORDS Online Booking Assistant will use commercially reasonable efforts to correct any technical failures relating to an Online Statement within a reasonable time. However, your inability to view an Online Statement does not extend, or relieve you of, your obligation to pay any amounts owing to Online Booking Assistant. Unless you notify Online Booking Assistant Limited of any error within 120 days after it first appears in any Online Statement, such statement will be deemed accepted by you for all purposes, including resolution of inquiries made by your Payment Method Provider. TO THE EXTENT ALLOWED BY LAW, YOU RELEASE ONLINE BOOKING ASSISTANT LIMITED FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR THAT IS NOT REPORTED TO ONLINE BOOKING ASSISTANT LIMITED WITHIN 120 DAYS AFTER THE ERROR FIRST APPEARS ON YOUR ONLINE STATEMENT.

9.4 Default.
If Online Booking Assistant Limited does not receive payment for any charge to your Billing Account, you will be in default and Online Booking Assistant Limited may suspend or cancel your Billing Account and your access to Online Booking Assistant subscription services and any or all other Online Booking Assistant Limited Products. If your Payment Method Provider seeks return of payments previously made to Online Booking Assistant Limited, but Online Booking Assistant Limited, in good faith, believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and Online Booking Assistant may cancel your Billing Account and your access to Online Booking Assistant subscription services and any or all other Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, ONLINE BOOKING ASSISTANT LIMITED MAY STOP DELIVERY OF ONLINE BOOKING ASSISTANT SUBSCRIPTION SERVICES AND ANY OTHER PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON AN ONLINE BOOKING ASSISTANT LIMITED SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.

10. MATERIALS PROVIDED TO ONLINE BOOKING ASSISTANT LIMITED OR POSTED AT ANY ONLINE BOOKING ASSISTANT LIMITED WEB SITE

10.1 Online Booking Assistant Limited does not claim ownership of the materials you provide to Online Booking Assistant (including feedback and suggestions) or post, upload, input or submit to any Web site or service within Online Booking Assistant Limited for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Online Booking Assistant, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Web sites or services within Online Booking Assistant, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of Online Booking Assistant Limited). No compensation will be paid with respect to the use of your Submission, as provided herein. Online Booking Assistant is under no obligation to post or use any Submission you may provide and Online Booking Assistant may remove any Submission at any time in its sole discretion.

10.2 By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this Subscription Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions including, without limitation, where your Submission contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in this Subscription Agreement.

11. SOFTWARE AND CONTENT AVAILABLE THROUGH ONLINE BOOKING ASSISTANT

11.1 All information, materials, graphics, software (if any), and products that are made available to view and/or download in connection with Online Booking Assistant, excluding content and/or software that may be made available by end-users through Online Booking Assistant Limited, ("Content") is owned by and is the copyrighted work of Online Booking Assistant Limited and/or its suppliers and is protected by copyright laws and international treaty provisions. Except as set forth in Section 11.2, below, your use of software made available in connection with Online Booking Assistant Limited ("Software") is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

11.2 Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the UNITED KINGDOM. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to UNITED KINGDOM export restrictions.

12. INSTALLATIONS

12.1 Online Booking Assistant AND ITS DESIGNATED SERVICE PROVIDERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM INSTALLATION, REPAIR OR SUPPORT SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF SOFTWARE, DATA OR OTHER INFORMATION FROM YOUR COMPUTER OR FOR ANY MODIFICATIONS MADE TO YOUR COMPUTER SYSTEM INCLUDING MODIFICATIONS OR DELETION OF FILES.

13. LIABILITY/WARRANTY DISCLAIMER

13.1 CHANGES ARE PERIODICALLY MADE TO ONLINE BOOKING ASSISTANT AND TO THE INFORMATION THEREIN. ONLINE BOOKING ASSISTANT LIMITED AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN ONLINE BOKING ASSISTANT AT ANY TIME. YOU SPECIFICALLY AGREE THAT ONLINE BOOKING ASSISTANT LIMITED SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY WEB SITE OR SERVICE WITHIN ONLINE BOOKING ASSISTANT. YOU SPECIFICALLY AGREE THAT ONLINE BOOKING ASSISTANT LIMITED IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT ONLINE BOOKING ASSISTANT LIMITED IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN ANY WEB SITE OR SERVICE WITHIN ONLINE BOOKING ASSISTANT SITE BY ANY THIRD PARTY.

13.2 ALL CONTENT(AS DEFINED ABOVE), EQUIPMENT (WHERE APPLICABLE, AND EXCEPT AS EXPRESSLY STATED IN A WRITING ACCOMPANYING SUCH EQUIPMENT), AND SERVICE (INCLUDING BUT NOT TO ANY SERVICE PROVIDED ON YOUR COMPUTER BY ONLINE BOOKING ASSISTANT LIMITED OR ITS DESIGNATED SERVICE PROVIDERS) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ONLINE BOOKING ASSISTANT LIMITED AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT AND EQUIPMENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. ONLINE BOOKING ASSISTANT LIMITED AND ITS RESPECTIVE SUPPLIERS DO NOT WARRANT THAT THE CONTENT OR EQUIPMENT IS ACCURATE, RELIABLE, SECURE OR ERROR-FREE; THAT ONLINE BOOKING ASSISTANT WILL BE AVAILABLE AT ANY PARTICULAR TIME; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT OR EQUIPMENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONLINE BOOKING ASSISTANT LIMITED, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS BE LIABLE FOR ANY 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 ONLINE BOOKING ASSISTANT OR RELATED EQUIPMENT, WITH THE DELAY OR INABILITY TO USE ONLINE BOOKING ASSISTANT OR RELATED EQUIPMENT, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF ONLINE BOOKING ASSISTANT OR RELATED EQUIPMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONLINE BOOKING ASSISTANT LIMITED OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

13.4 ONLINE BOOKING ASSISTANT LIMITED, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS DO NOT WARRANT THAT ACCESS TO OR USE OF ONLINE BOOKING ASSISTANT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT SUBSCRIBERS WILL BE ABLE TO ACCESS ONLINE BOOKING ASSISTANT AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT ONLINE BOOKING ASSISTANT INTERNET CLIENT SOFTWARE, ONLINE BOOKING ASSISTANT SERVICES OR RELATED EQUIPMENT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.

13.5 ONLINE BOOKING ASSISTANT LIMITED'S LIABILITY TO YOU FOR BREACH OF THIS SUBSCRIPTION AGREEMENT IS TO THE AMOUNT ACTUALLY PAID BY YOU TO ONLINE BOOKING ASSISTANT LIMITED FOR ACCESS TO AND USE OF ONLINE BOOKING ASSISTANT SUBSCRIPTION SERVICES. YOU HEREBY RELEASE ONLINE BOOKING ASSISTANT FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATION IN THIS SECTION 13 MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF ONLINE BOOKING ASSISTANT, OR WITH ANY PART OF THIS SUBSCRIPTION AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT SIGN UP FOR ONLINE BOOKING ASSISTANT, OR TO CANCEL YOUR SUBSCRIPTION TO ONLINE BOOKING ASSISTANT (WHICH MAY RESULT IN TERMINATION FEES IF APPLICABLE TO YOUR PARTICULAR SERVICE PLAN).

13.6 The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

14. NO PROFESSIONAL ADVICE
Nothing contained in Online Booking Assistant is intended to constitute investment, legal, tax, real estate, medical, accounting or other personal or professional advice, and you should not rely solely on the reports, data, and other information provided to you as part of Online Booking Assistant for making decisions. Information provided within Online Booking Assistant is for informational purposes only. You should consult with an appropriate professional for specific advice tailored to your situation and/or verify the accuracy of information provided to you before making any decision.

15. STORAGE SPACE AND OTHER LIMITATIONS

15.1 You agree that Online Booking Assistant Limited may establish limits concerning use of any Online Booking Assistant subscription services, including without limitation the maximum number of days that e-mail messages will be retained, the maximum number of e-mail messages that may be sent from or received by an account, the maximum size of an e-mail message that may be sent from or received by an account, the maximum disk space that will be allotted on Online Booking Assistant Limited's servers on your behalf either cumulatively or for any particular service, such as for storing digital photographs, and the maximum number of times and duration you may access any Online Booking Assistant service in a given period of time. You agree that Online Booking Assistant Limited has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Online Booking Assistant services. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Online Booking Assistant service may change at any time.

15.2 You acknowledge that Online Booking Assistant Limited reserves the right to sign out, terminate or delete your accounts for any particular Web site or service within Online Booking Assistant that are "inactive" for an extended period of time, even if you continue to maintain your Online Booking Assistant subscription to Online Booking Assistant's subscription services. "Inactive" means that you have not signed in to a particular service for an extended period of time, as determined by Online Booking Assistant Limited, in its sole discretion. The amount of time that Online Booking Assistant Limited currently considers as an "extended" period of time is determined based on the particular Web site or service within Online Booking Assistant to which it pertains, or other user information relating to the particular service.

16. TERMINATION OF SUBSCRIPTION

16.1 Online Booking Assistant Limited reserves the right, in its sole discretion, to terminate or suspend your subscription to Online Booking Assistant subscription services at any time, with or without cause, with or without notice. This course of action will only be used in extreme cases. For example, Online Booking Assistant Limited may, in its discretion, terminate, cancel, or suspend an accepted order if Online Booking Assistant Limited is notified that your Payment Method has expired or has been cancelled, or if Online Booking Assistant Limited has reason to believe that any Billing Account information provided to Online Booking Assistant Limited is untrue, inaccurate, not current or incomplete. Upon termination of your subscription to Online Booking Assistant subscription services your right to use Online Booking Assistant subscription services immediately ceases. Online Booking Assistant Limited shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

16.2 You may terminate your Online Booking Assistant subscription at any time, with or without cause, upon notice to Online Booking Assistant Limited, provided that you are responsible for all charges, which have been submitted prior to your notice of termination, as set forth below. If you are participating in any trial period offer, you must terminate your Online Booking Assistant 'subscription services' subscription prior to the end of the applicable trial period in order to avoid incurring service or any other applicable charges, and if you fail to so terminate then you hereby authorise Online Booking Assistant Limited to charge your Payment Method for your Online Booking Assistant 'subscription services' subscription. Certain Online Booking Assistant promotions or plans may require termination or cancellation charges, and you agree to pay all such termination or cancellation charges as specified in the materials describing such promotion or plan.

16.3 Termination, cancellation or suspension of your Online Booking Assistant subscription, whether by you or Online Booking Assistant Limited, will not alter your obligation to pay all charges made to your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before Online Booking Assistant Limited could reasonably act on your termination notice). You will not be entitled to any refunds upon termination, cancellation or suspension of your Online Booking Assistant subscription.

17. GENERAL

17.1 You represent and warrant that: (1) you are at least 16 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your Payment Method, as defined in Section 10); and (3) you are an individual authorised to use the Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with your responsibilities and obligations as stated in this Subscription Agreement. Online Booking Assistant Limited may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain your Online Booking Assistant subscription services or any other applicable Product.

17.2 Claims for enforcement, breach or violation of duties or rights under this Subscription Agreement shall be adjudicated under the laws of England. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in UNITED KINGDOM in all disputes arising out of or relating to the use of Online Booking Assistant. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Online Booking Assistant Limited as a result of this Subscription Agreement or use of Online Booking Assistant subscription services. You agree not to represent yourself to be a representative, agent, or employee of Online Booking Assistant Limited and that Online Booking Assistant Limited will not be liable by reason of any representation, act or omission to act by you.

17.3 Online Booking Assistant Limited reserves the right to disclose any personal information about you or your use of Online Booking Assistant subscription services, including its contents, without your prior permission if Online Booking Assistant Limited has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process or any governmental request; (2) protect and defend the rights or property of Online Booking Assistant Limited or its affiliated companies; (3) enforce this Subscription Agreement; or (4) act to protect the interests of its members or others. Online Booking Assistant's performance of this Subscription Agreement is subject to existing laws and legal process, and nothing contained in this Subscription Agreement is in derogation of Online Booking Assistant's right to comply with governmental, court and law enforcement requests or requirements relating to your use of Online Booking Assistant subscription services or information provided to or gathered by Online Booking Assistant Limited with respect to such use.

17.4 If any part of this Subscription Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not 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 this Subscription Agreement shall continue in effect. Online Booking Assistant Limited may assign this Subscription Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Subscription Agreement, or assign, transfer or sublicense any rights in your Billing Account. Unless otherwise specified herein, this Subscription Agreement constitutes the entire agreement between you and Online Booking Assistant Limited with respect to Online Booking Assistant and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Online Booking Assistant Limited with respect to Online Booking Assistant.

17.5 A printed version of this Subscription Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Subscription Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Online Booking Assistant Limited agree that any cause of action arising out of or related to Online Booking Assistant subscription services must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

19. NOTICES, CONSUMER DISCLOSURES, AND CONSENTS REGARDING ELECTRONIC INFORMATION

19.1 Notices given by you to Online Booking Assistant Limited must be given by e-mail using the control panel contact system, or by postal mail. Notices to Online Booking Assistant Limited by postal mail must be sent to Online Booking Assistant, 22 Maywater Close, South Croydon, Surrey, CR2 0RS, UK.

19.2 ALL INFORMATION THAT ONLINE BOOKING ASSISTANT LIMITED IS REQUIRED BY LAW TO SEND TO YOU REGARDING YOUR Online Booking Assistant SUBSCRIPTION, AND ANY OTHER SUBSCRIPTIONS, SERVICES AND ITEMS PROVIDED TO YOU UNDER THIS SUBSCRIPTION AGREEMENT, INCLUDING ANY BILLING AND PAYMENT INFORMATION (COLLECTIVELY REFERRED TO AS "REQUIRED INFORMATION"), AND ANY OTHER INFORMATION PROVIDED TO YOU FROM DRAYOSON DESIGN WILL BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY. ONLINE BOOKING ASSISTANT LIMITED WILL PROVIDE ALL REQUIRED INFORMATION TO YOU IN ELECTRONIC FORM EITHER (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFIED OR CREATED WHEN YOU SIGNED UP FOR YOUR Online Booking Assistant SUBSCRIPTION, (2) BY ACCESS TO AN ONLINE BOOKING ASSISTANT LIMITED WEB SITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE, OR (3) TO THE EXTENT PERMISSIBLE BY LAW, BY ACCESS TO AN ONLINE BOOKING ASSISTANT LIMITED WEB SITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE.

19.3 As part of your Online Booking Assistant subscription services, you have (a) been provided, or designated during the sign-up process, an e-mail address; (b) installed or currently have on your computer, a recent internet browser, Firefox, Internet Explorer VERSION 6.0 OR ABOVE, or Safari. Each of these items is necessary in order for you to receive Required Information electronically from Online Booking Assistant. Also, your computer must be capable of either printing or storing Required Information received in electronic form from Online Booking Assistant via an HTML formatted e-mail message or by access to an Online Booking Assistant Web site using the browser specified above. In the event that there are any changes to the hardware and software requirements listed above that are likely to have a significant impact on your ability to receive, access, display, store, and print the Required Information that Online Booking Assistant sends to you in electronic form, Online Booking Assistant Limited will notify you of these changes. In such case, you will be required to reconfirm your agreement to receive, and your ability to access, such Required Information in electronic form in order to avoid any disruption in your Online Booking Assistant subscription services, or any other Products.

19.4 YOU AGREE THAT BY ACCEPTING THIS SUBSCRIPTION AGREEMENT, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM ONLINE BOOKING ASSISTANT LIMITED, SOLELY BY ELECTRONIC COMMUNICATION. YOU ALSO CONFIRM THAT YOUR COMPUTER SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS STATED ABOVE FOR RECEIVING, ACCESSING, DISPLAYING, PRINTING, AND STORING COPIES OF SUCH REQUIRED INFORMATION, AND YOU CONFIRM THAT YOU PROVIDED ONLINE BOOKING ASSISTANT LIMITED A CURRENT E-MAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION WHEN YOU SIGNED UP FOR YOUR ONLINE BOOKING ASSISTANT SUBSCRIPTION. YOU MAY WITHDRAW YOUR CONSENT OR UPDATE YOUR E-MAIL ADDRESS BY VIEWING THE WEB SITE AT HTTP://WWW.Online Booking Assistant.COM AND FOLLOWING THE INSTRUCTIONS WITHIN. HOWEVER, IF YOU CHOOSE TO WITHDRAW THIS CONSENT, ONLINE BOOKING ASSISTANT LIMITED MAY TERMINATE YOUR Online Booking Assistant SUBSCRIPTION, YOUR BILLING ACCOUNT AND ANY OTHER PRODUCTS PROVIDED TO YOU UNDER THIS AGREEMENT.

20. INDEMNIFICATION
You agree to indemnify and hold Online Booking Assistant Limited, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on Online Booking Assistant websites. Online Booking Assistant Limited will notify you of any claim for which Online Booking Assistant Limited seeks indemnification and will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to Online Booking Assistant Limited's interests, as reasonably determined by Online Booking Assistant Limited.

21. COPYRIGHT AND TRADEMARK NOTICES
All contents of Online Booking Assistant are: Copyright (c) Online Booking Assistant Limited and/or its suppliers, Online Booking Assistant Limited, 22 Maywater Close, South Croydon, Surrey, CR2 0RS, UK All rights reserved. TRADEMARKS. Online Booking Assistant, Online Booking Assistant Limited, Online Booking Assistant Limited Logo Online Booking Assistant Limited Photos and/or other Online Booking Assistant products and services referenced herein may also be either trademarks or registered trademarks of Online Booking Assistant Limited in the United Kingdom, United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

22. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement should be sent to the admin using the control panel contact form.

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