Terms of use for our website and software is outlined below. You can see an explanation of each section highlighted in italic text below each section to ensure you have a clear understanding of our terms of use.
ACCEPTANCE OF TERMS
Asantotech owns and provides various websites, services, and software that facilitate online scheduling of appointments (collectively, the “Services”). By accessing and using the Services you agree that you are authorised to accept the terms set forth below (the “Terms of Use”, “Agreement”, or “Service Agreement”) on behalf of yourself and your company, and that you and your company are and will be bound by the Terms of Use.
In these Terms of Use, we may refer the applicable contracting entity, as specified in the ‘Contracting Entity and Applicable Law’ section, as “Asantotech,” “us,” or “we”, and “you”, or “Client” shall refer to you and your company. Asantotech and the Client may be individually referred to as a “Party” and collectively referred to as the “Parties”.
Any and all use of the Services is subject to these Terms of Use. If you do not agree to be subject to these Terms of Use, do not use the Services. By continuing to use the Services, you agree to be bound by these Terms of Use.
Explanation
You agree to be bound by and adhere to these terms of use, and confirm to us that you have the authority to enter into this agreement on behalf of your company. Your usage of our services will be taken to mean that you have accepted the terms of use, and agreed to be bound by them.
Asantotech reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use, available on the Asantotech website and under the “My Membership” section of your Asantotech account, periodically for changes. Your continued use of the Services after the posting of any changes to the Terms of Use will signify your acceptance of those changes.
Explanation
We may change these terms at any time, so you need to check back here regularly to make sure you know the changes we’ve made, and understand the updated changes. Your continued use of the Services will signify your acceptance of these changes.
The parties acknowledge and agree that, by executing the Agreement, You enter into the Agreement on behalf of Yourself and, as applicable, in the name and on behalf of Your employees, representatives, consultants, contractors or agents who are Authorised to use the Services for your benefit (“Authorised Affiliates”), thereby establishing a separate Agreement between Asantotech and each such Authorised Affiliate subject to this provision of the Agreement.
Each Authorised Affiliate agrees to be bound by the obligations under this Agreement and, the Asantotech Privacy Policy. All access to and use of the Services and Content by Authorised Affiliates must comply with the terms and conditions of the Agreement and any violation of the terms and conditions of the Agreement by an Authorised Affiliate shall be deemed a violation by Client.
Explanation
These terms of use are also applicable to the staff members who gain access to your account. You must make sure they are aware of and understand these terms of use, as well.
BY ACCEPTING THIS AGREEMENT, EITHER BY
(I) CLICKING A BOX INDICATING YOUR ACCEPTANCE;
OR
(II) BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT;
OR
(III) BY DIGITALLY OR MANUALLY SIGNING THIS AGREEMENT,
YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “CLIENT” OR “CLIENTS” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.
IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND YOU MAY NOT USE THE SERVICE
Explanation
By signing this agreement or checking an agree box, you are agreeing to abide by the full terms of the legal agreement.
SCOPE OF AGREEMENT
These Terms of Use cover your use of the Services, including, but not limited to, the process by which consumers schedule appointments with you as well as your management of such appointments through the Services, and you agree that these Terms of Use apply to your use of the Services. By using the Services, you also consent and agree to the terms of the Asantotech Privacy Policy, at Privacy policy, and all other Asantotech legal policies applicable to you, as stated in this Agreement.
Explanation
This Agreement governs how you use Asantotech. Additionally, by using Asantotech, you also agree to our Privacy Policy.
CHANGES TO THE SERVICES
Asantotech has the right to change or modify, upgrade, add to, or discontinue the Services or any portion or feature thereof at any time without notice. Asantotech also reserves the right to assign any rights, licenses, or obligations arising out of or relating to these Terms of Use without restriction.
Explanation
We may change or discontinue particular features or functions of our Services at any time.
REGISTRATION
You must register to access and use the Services. If you are registering on behalf of a company, by registering you agree that you have the requisite authority to register on behalf of such company. The email address you provide during your registration will be the login for your Asantotech account. Each account must have a unique email address and you agree that you shall not attempt to create more than one account under the same email address.
Explanation
If you are registering on behalf of an organisation, you should have the permission from your organisation to do so. Your account will be registered under the email address you provide during the sign-up. You agree that you will not create multiple accounts using the same information.
You represent that any information you provide during registration or at any time thereafter is true, accurate and complete and that you will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so shall constitute a breach of these Terms of Use. You shall be responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account and under your password, whether or not made with your knowledge or authority. You further agree that any credit card or payment gateway information you provide during registration or at any time thereafter is valid and that you have authority to authorize payments from such credit card or accounts.
Explanation
You confirm that all information you’ve provided is correct/accurate, and valid. You are responsible for keeping your password safe, and all actions undertaken under your account. You confirm that the payment details provided by you are either yours, or you have authority to use them.
By registering, you agree that you will use the Services only for the purposes advertised on the Asantotech website or in other marketing material published by Asantotech, that you are a valid business desiring to use the Services to advertise your business and generate online appointments from consumers using the Services, and that any contact information you provide, such as email addresses and phone numbers, is valid and active contact information for you.
Explanation
You confirm that you a are genuine business and agree to using Asantotech only for the purposes described on our website, and that the contact information you’ve provided is valid and active.
THE Asantotech ADVERTISING NETWORK
In order to maximize the exposure of your business online and the number of appointments scheduled through the Services, Asantotech may, at our sole discretion, enter into agreements with third party websites and businesses, create a profile page for your business on the Asantotech website or on third party websites, optimise any current or future Internet listings for your business to take advantage of search engine marketing, lead generation or social networking opportunities, and perform any other acts we deem appropriate to increase traffic and use of the Services (the “Asantotech Marketing Actions”).
The “Asantotech Advertising Network” will include any and all search engine marketing, lead generation or social networking that Asantotech undertakes on your behalf or to promote the Services and generate traffic to increase the number of appointments made through the Services, including but not limited to marketing and advertising effected through any of the Asantotech Marketing Actions.
From time to time, at its sole discretion, Asantotech may make specific offers to you to participate in the Asantotech Advertising Network. The terms and conditions of these offers will be available to you at the time of the offer and acceptance of the offers will be at your discretion.
Explanation
This describes how we may leverage our advertising network to allow additional customers to discover your Business. When you participate, you might be presented with additional offers specific to these advertising networks.
FEES; PAYMENT TERMS
You agree to pay all charges as set forth on the Asantotech website and/or in these Terms of Use. You agree that the address and email address you provide in your account settings are valid business addresses and that Asantotech may invoice you at such addresses or through other electronic or facsimile communications. All invoices will also be accessible through your My Membership page.
Any charge invoiced to you by Asantotech is 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 United States (federal or state) taxes based solely on Asantotech’s income. All fees paid to Asantotech by you pursuant to these Terms of Use are nonrefundable.
Asantotech reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the Asantotech website and will be effective immediately.
Explanation
This section describes your payment obligations. You agree to pay all charges listed on the Asantotech web sites, and are also responsible for the payment of any taxes, levies or duties that may be applicable. All fees are non-refundable and must be paid in advance.
PAYMENT AUTHORIZATION; INVOICING
Asantotech will invoice you on a monthly basis, in advance, for all amounts due to Asantotech. Each invoice shall set forth the fees to be incurred by you in the forthcoming month (a “Asantotech Invoice”).
By providing a credit card or any other payment information either during registration or at any time thereafter, you warrant that such credit card or payment gateway is good and valid, and you authorize Asantotech to charge such credit card or payment gateway for amounts due under the Asantotech Invoices.
Explanation
Asantotech may invoice you on a monthly basis for charges payable to us. You confirm that Asantotech has the permission to charge the credit /debit card provided by you for the payments due to Asantotech, and that any payment information (credit /debit card) provided by you is valid.
Asantotech offers a fully functional 14 day free trial so you can assess the suitability of the service for your requirements. This trial can be extended upon request if you need more time to assess the software. For these reasons we do not offer refunds once you have signed up for a paid plan and your credit card has been charged. In order to be fair, no exceptions are made.
Explanation
All payments made are non-refundable.
NONPAYMENT
If, for whatever reason, Asantotech charges your credit card or payment gateway pursuant to Section 7, above, and the payment does not go through, Asantotech reserves the right to suspend your access to the Services.
If you fail to pay the applicable invoice within 10 days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, Asantotech reserves the right to cancel your account. In the event Asantotech cancels your account for non-payment, all amounts due and unpaid from you to Asantotech for use of the Services shall become immediately due and payable.
In the event of non-payment and the exhaustion of the procedures set forth in this section, Asantotech reserves the right to seek payment using any remedies allowed to it by law.
Explanation
If you fail to pay for your subscription fee, or any due payments, we have the right to terminate or suspend your subscription. We reserve the right to pursue any outstanding payments as per prevailing laws.
DISPUTED CHARGES
If you wish to dispute any charge invoiced to you by Asantotech, you agree to submit the disputed charge to us no later than five (5) business days after the disputed charge has been charged to your credit card or payment gateway. You may submit a disputed charge by contacting us by email, telephone, or mail. We agree to review your message and work with you to find a timely solution.
Explanation
You must inform us within 5 days of any charges that you wish to dispute.
ELECTRONIC COMMUNICATIONS
Asantotech reserves the right to contact you from time to time for feedback about the Services and for service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, or notices posted on the Asantotech websites. Notices will be deemed effective at the time they are sent by Asantotech or as of date they are posted, regardless of whether you actually read any such notices.
Explanation
You permit Asantotech to contact you from time-to-time with information/communication pertaining to your Asantotech account through e-mail, facsimiles, text or voice messages, or notices posted on the Asantotech websites.
You may opt-out of receiving notifications regarding appointments through the Services by logging into your account and changing the notification settings; opting-out of such notifications, however, will limit the effectiveness of the Services. You may not opt-out of receiving notifications relating to support of the Services or other notices as required by law.
Explanation
You have the ability to opt-out from receiving some notifications from your account settings. Mandatory notifications cannot be opted-out of.
You consent that any emails, surveys, other information or feedback you provide to Asantotech through the Services or via any other medium, except for Personally Identifiable Information or Personal Data, as defined in the Asantotech Privacy Policy, can be used by Asantotech in any manner, including but not limited to for testimonials, reviews and ratings on Asantotech or third party websites.
Explanation
Any non-personally identifiable information communicated to us can be utilised by us in any manner. For example – as testimonials or reviews.
INTELLECTUAL PROPERTY
We grant you a license to use the Services in accordance with these Terms of Use. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Services. We reserve all rights not expressly granted in these Terms of Use.
We retain all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the “Asantotech Intellectual Property”) that are the exclusive property of Asantotech and/or its licensors. We do not transfer any rights in or to the Asantotech Intellectual Property to you.
Content of the Services that incorporates or includes any of the Asantotech Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Asantotech or the rightful owner, as applicable.
Explanation
While we have granted you a license to use our product, we are the sole owner of all intellectual property rights (such as trademarks, copyright, patents, etc.) in our product and related services. This agreement does not convey any ownership or right to use, copy, or alter our product in any way, other than as specifically stated in this agreement. Similarly, this agreement does not give us any rights or ownership to your intellectual property.
CONFIDENTIAL INFORMATION
A Party will not disclose or use any Confidential Information of the other Party except:
(a) as reasonably necessary to perform its obligations or exercise any rights granted pursuant to this Agreement;
(b) with the other Party’s prior written permission; or
(c) to the extent required by law or order of a court or other governmental authority or regulation.
Each Party agrees to protect the other Party’s Confidential Information in the same manner that it protects its own Confidential Information of like kind, but in no event using less than a commercially reasonable standard of care. Confidential Information will not include any information that:
(a) is or becomes generally known to the public without breach of any obligation owed to the disclosing Party;
(b) was known to a Party prior to its disclosure by the other Party without breach of any obligation owed to the other Party;
(c) was independently developed by a Party without breach of any obligation owed to the other Party; or
(d) was or is received from a third party without breach of any obligation owed to the other Party. For clarity, nothing in this Section will restrict Asantotech with respect to Asantotech Data or Aggregated Data.
Explanation
This describes the confidentiality obligations we have to one another under the agreement. We will always keep your confidential information private. The only case in which we may disclose such information is if it is required by law.
USER WARRANTIES
It is your responsibility to use the Services properly and effectively. By using the Services, you warrant that you will use the Services only for the purposes advertised on the Asantotech website, that you are a valid business desiring to use the Services to advertise your business and generate online appointments from customers using the Services, and that any contact information you provide, such as email addresses and phone numbers, is valid and active contact information for you.
Any breach of this section will result in termination of your account. We reserve the right to pursue any remedies available to us at law or in equity for any breach of this Section.
Explanation
You are responsible for using Asantotech properly and effectively, as advertised. You confirm that your business identity is true and genuine. This agreement can be terminated if the above information is found to be incorrect or untrue.
USER RESPONSIBILITIES
You are responsible for ensuring that you can fulfill all appointments made through the Services and for communicating changes directly to your customers. You are responsible for all activity occurring during your use of the Services, including that of your customers.
All such activity must comply with all terms laid out herein and any applicable Order Form and any applicable local, state, national and international laws, regulations and treaties (collectively “Laws”) governing your use of the Services, including all applicable Laws relating to export restrictions, data privacy, international communications and transmission of technical or personal data.
You are responsible for managing availability for the online scheduling of appointments including settings for staff and services, bookable days and times for staff and services, and lead times as may be appropriate to prevent double-bookings and other events which would adversely affect your customers and their experience with the Services.
You are responsible for reviewing your online appointments often and regularly. If you cannot honor any appointment made through the Services, you agree to promptly communicate such change to the relevant customers.
Explanation
You are responsible for actions and communications undertaken under your account. This includes actions and communications carried out by all users with user accounts under your subscription. You and your users must follow all laws, all the terms of this Agreement, and the terms of the order form (if any). If you are aware of any illegal or unAuthorised uses of your account by anyone, you are obliged to report it to us as soon as possible. You are responsible to maintain your schedule and availability in your Asantotech account.
The Client shall:
(i) use reasonable efforts to prevent unAuthorised access or use of the Services, including the use of associated User Accounts, by employees, Users, and any third parties;
(ii) use the Services and Content only in accordance with these terms and all attached or incorporated Order Forms;
(iii) notify Asantotech within twenty-four (24) hours of any unAuthorised use or any other known or suspected breach of security pertaining to the Service or the Content; and (iv) use reasonable efforts to immediately stop any copying or distribution of Content that is known or suspected by the Client, its employees, third parties or its Users.
Explanation
You will ensure all user names and passwords are kept confidential. Your use of Asantotech is in accordance with these terms. You will notify Asantotech immediately of any unAuthorised access or breach.
The Client shall not (i) sell, resell, transfer, sublicense, or assign the license granted to it by Asantotech under these terms (except pursuant to a permitted assignment wherein Asantotech expressly agrees in writing to the Client’s assignment of this Agreement); (ii) distribute or otherwise commercially exploit or make available to any third party the Services or Content, in whole or in part, in any way; (iii) modify or make derivative works based upon the Services or the Content; or (iv) reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Service, or (c) copy any ideas, features, functions, or graphics of the Service.
Explanation
You are only allowed to use the Services in accordance with this Agreement. You are not permitted to attempt to modify or reverse-engineer the product. You are also not permitted to sell, resell, transfer or sublicense it to a third-party.
Asantotech reserves the right to terminate the Client’s free trial Subscription at any time and for any reason, in its sole discretion. The Client may not sign up for multiple free trial Subscriptions in a manner that is deemed by Asantotech, in its sole discretion, to be abusive or contrary to the intention of any such offer.
Explanation
We retain the ability to terminate this agreement or your account at any time. You cannot sign up for multiple accounts at the same time.
You are also responsible for all equipment required to access the Services, including (but not limited to):
A properly configured computer with broadband Internet access;
A functioning and valid email address;
Any required software, including an accepted browser (currently Internet Explorer version 8.0 or later, Mozilla Firefox Version 1.5 or later), Google Chrome that is configured to accept cookies, download images, and run JavaScript; and
Any other equipment needed to access the Services.
Explanation
Minimum requirements to use Asantotech, as listed above.
Asantotech services should NOT be used for:
Sending spam
Unsolicited email or SMS
Importing client list that users do NOT own and/or have NOT been gathered legally.
The Asantotech booking websites should NOT be used:
to create back links to other pages;
as advertisement for stuff unrelated to services provided by the you;
to solicit services to users without the intention of providing the service.
You should treat all client data with respect and appropriate privacy.
Explanation
You will not use Asantotech services for sending any spam or unsolicited communication of any kind. You will not use Asantotech services to create backlinks to other pages, to advertise services that you do not provide or have no intention providing of.
USE OF THE SERVICES
You may not use the Services in any manner that is illegal or harmful to the Services. Among other restrictions, you agree that you shall not, nor shall you allow any third party to:
Use the Services through unAuthorised interfaces or protocols;
Transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable;
Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Services or Services software (accept as applicable law expressly permits);
Remove, obscure or alter any notices or indications of rights in or to the Asantotech Intellectual Property;
Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any Asantotech servers;
Take any action that imposes an unreasonable or large load on our infrastructure;
Upload invalid data, viruses, worms, or other harmful software to the Services;
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services, unless expressly permitted by Asantotech;
Use the Services in a way that disables the Services or prevents or inhibits anyone from using the Services; or
Impersonate any person or entity in order to use, or through use of, the Services.
Explanation
You promise to not use Asantotech in an illegal or harmful manner.
DMCA NOTICE
Asantotech believes in preventing and deterring unAuthorised infringement of copyrighted materials. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Services, please notify Asantotech’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person Authorised to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Asantotech website;
Information reasonably sufficient to permit Asantotech to contact you, such as your address, telephone number, and e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not Authorised by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are Authorised to act on behalf of the owner.
The above information must be submitted to [email protected]
Explanation
Our legal obligations and duties to you under the Digital Millennium Copyright Act of 1998.
USER SUBMISSIONS
Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by Asantotech (“Content”) or by other users of the Services (“User Submissions”, “User Data”, “Client Data”) to the Services website is owned by the party contributing such content. As a user of the Services, you are solely responsible for your own User Submissions. By transmitting your User Submissions, you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. In connection with your User Submissions, you agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.
You shall retain all of your ownership rights in your User Submissions; however, by submitting material to Asantotech, you grant Asantotech the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with the Services and Asantotech’s business, and to grant these rights to others. To the extent you do not have ownership rights to any of your User Submissions, you shall indemnify Asantotech for any claim regarding Asantotech’s use of your User Submissions.
Explanation
You own all data you provide to us, but you grant us a license to use it for derivative works. You also confirm that the data you submit to us does not contain any intellectual property of any third party.
Asantotech does not own User Data submitted. Asantotech is not responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any User Data. You agree to indemnify and hold Asantotech harmless from any damage, loss, claim, complaint (legal or customer), demand, or cause of action for any issue arising from User Data deletion, damage, use or misuse, except to the extent that Asantotech is solely responsible for deletion or damage not related in any way to Client’s breach of the Agreement.
Explanation
We are not responsible for resolving or intervening in any dispute over Your Data.
The Services enable you to download the User Data during the term of the Subscription in a structured, commonly used, and machine-readable format, by way of the requesting such copy from Us with a written notice. You acknowledge and agree that Asantotech has no obligation to retain User Data after termination of this Agreement for any reason. No later than one hundred and eighty (180) days from termination of this Agreement for cause or no cause, Asantotech will delete and remove all User Data without liability. Upon termination for cause, Your right to access or use your User Data and the Services immediately and automatically ceases.
Explanation
If you want to download your data after the termination of your Agreement, you can do so by sending us a request. After you delete your account, the data removal process will be initiated. We will guarantee that all your data will be permanently removed from our system no later than 180 days after the termination of your agreement.
You grant Asantotech the right to aggregate User Data, in anonymized form, solely for statistical purposes and for improving the functionality and operation of the Services.
Explanation
We will own all Aggregated Data. Such data will be anonymized and would not contain any personally identifiable information or personal data.
When using the Services, you may be exposed to User Submissions from a variety of sources, and Asantotech is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.
Explanation
Asantotech is not responsible for the integrity and accuracy of the user data that you see on Asantotech web sites.
LINKS TO THIRD PARTY SITES
You may encounter hypertext links to websites operated by parties other than Asantotech during your use of the Services and on the Asantotech website. Asantotech does not control such websites and is not responsible for nor can guarantee the content of such websites. Unless otherwise explicitly stated, the inclusion of any hypertext links to such websites in the Services or on the Asantotech website does not imply any endorsement by Asantotech of the material on such website or any association with their operators.
Explanation
Asantotech is not responsible for any content or services on any other website, other than Asantotech itself.
Asantotech INTEGRATION
Asantotech proprietary computer software applications that are hosted by Asantotech or are downloaded by the Client or its Users, and allow connection between non-Asantotech software applications and the Service. Some Integrations are free “plug-ins” and others are fee-based (“Integrations”). Asantotech either owns all right, title, and interest in and to the Integrations, or it may license the rights. Some Integrations, in the sole discretion of Asantotech, are offered free of charge to the Client and some Integrations must be licensed by the Client as add-on services under the Subscription, for an additional fee.
The Client acknowledges and agrees that Asantotech, simply by virtue of the Client licensing or using an Asantotech Integration, does not make Asantotech a party to any relationship among the Client, its Users, and the entity providing any such third-party software application with which the Integrations interoperates. Any claim brought pursuant to such relationship will fall under the right of Asantotech to be indemnified by the Client for any claim brought by a third party in accordance with Section 31 of this Agreement.
By using an Integration, the Client instructs and grants permission to Asantotech to allow the entity providing any such third-party software application with which the Integration interoperates to access Client Data as required for the interoperation of such third-party software application with the Service. Asantotech is not responsible for any disclosure, modification, deletion, or other processing of Client Data resulting from access by the entity providing such third-party software application.
Explanation
When you integrate your account with a third-party app, you are fully responsible for all activities, data transfers and processes that result from the integration. We do not act as an intermediary between you and the third-party application and we have no legal involvement in your relationship with them.
PAYMENT INTEGRATION
If the Client elects to utilize the Payment Gateway integration feature(s) of the Services, then the following additional terms shall govern the Client’s use of such feature(s).
Where the Service interoperates with the Client’s Payment Gateway account, Asantotech is not a party to any transaction(s) between Payment Gateway and the Client. Asantotech does not process payment card or other financial data associated with such transaction(s). Asantotech is not responsible for the security of any payment card data submitted to the Service by third parties. The Client is advised to read the terms of use of the Payment Gateways they intend to use.
Explanation
When you integrate Asantotech with third party Payment Gateway services to collect payments as an integral part of your booking process, you establish and maintain a relationship directly with the Payment Gateway service. We do not act as an intermediary between you and the Payment Gateway. These Payment Gateway services remains responsible for the security of any payment data processed by their service.
DATA PROTECTION
Asantotech agrees to implement and maintain appropriate and commercially reasonable technical, physical, and administrative security controls reasonably designed to protect the confidentiality, integrity and availability of Client Data.
Explanation
Security is a top priority for us. We safeguard the security of our systems and operations at all levels and carefully monitor our servers for possible security issues.
Data Processing Agreement
This Agreement also includes the Asantotech Business Data Processing Agreement (DPA) which is incorporated herein by reference. By agreeing to these terms, you also agree to the terms of the DPA.
You may opt out of the DPA in its entirety. To opt out, contact Asantotech. If you choose to opt out of the DPA, you will be prohibited from using the Services to process data regulated by the General Data Protection Regulation of the European Union (GDPR).
Explanation
By accepting this Agreement, you also agree to our Data Processing Addendum. You can opt out of the Data Processing Addendum by contacting us. If you opt out, you cannot use our Services to process personal information governed by European privacy laws.
If Asantotech becomes aware of any actual unlawful or unAuthorised loss, disclosure, alteration of, or access to Client Data processed in the Services (each a “Security Incident”), Asantotech will promptly notify you of each Security Incident and take reasonable steps to mitigate the effects of the Security Incident(s).
Explanation
We will notify you if there is a security incident involving your data.
You agree that Asantotech may make Client Data available to Vendors assessed, approved, and engaged by Asantotech who can competently provide services to Asantotech and be trusted with access to limited Client Data as necessary in order to fulfil one or more specific functions within the Services (“Trusted Vendors”), who are engaged by Asantotech for the specific, limited purpose of helping to provide the Service. Trusted Vendors are bound by data security and privacy covenants no less restrictive than those contained in this Agreement.
Trusted Vendors are approved on a case-by-case basis, are obligated to comply with industry-standard security frameworks or pass a security evaluation, and agree to confidentiality covenants no less restrictive than those contained in this Agreement. Trusted Vendors may be located in countries outside of the United States, including countries which the European Commission has not found to provide an adequate level of data protection in national law.
Explanation
We may use trusted vendors to assist with our product operations. We carry out a rigorous selection process when picking our vendors. These vendors must be able to demonstrate their ability to rigorously protect any data they come into contact with.
Asantotech agrees to promptly notify the Client if Asantotech becomes unable to satisfy its obligations under this Section 21 on Data Protection or Section 12 on Confidentiality.
Explanation
We will notify you if we cannot meet our obligations under sections 21 and 12.
The Parties agree that Asantotech is a data processor, per the meaning given to such term in The General Data Protection Regulation of the European Union, and Directive 95/46/EC of the European Union.
Explanation
You are ultimately in control of the data submitted to your account. You, not us, determine the purposes for which the data is used.
COMPLIANCE WITH LAWS
At all times, you shall comply with:
All Laws. All local, state or federal laws, statutes, rules, regulations, or orders, including any Laws governing the use, sale, and/or distribution of alcohol, and any Laws governing gift cards, coupons, and/or gift certificates; and,
Unfair Competition Laws. All laws that prohibit false, deceptive or unfair advertising or disparagement; and
Intellectual Property Laws. All laws regarding the copyright, trademark, or other intellectual property rights or rights of privacy or publicity of any third party; and,
Gift Card, Gift Certificate and Abandoned Property Laws. All applicable laws, including the Credit Card Act of 2009 and any state or local laws governing the imposition of expiration dates, service charges, dormancy fees or other terms and conditions of the Order. You shall allow the Consumer to use the Order for Services with You for the amount paid by Consumer for the Order (i.e. the cash or redemption value of the Order) for the applicable term specified under applicable state or federal laws and shall allow redemption refund of the amount paid for the Order as required by applicable state or federal laws. To the extent required by applicable escheat or abandoned or unclaimed property laws, You shall be solely responsible for and agree to report and pay over to the applicable local, state or federal governmental agency any unredeemed cash value of any Order issued under this Agreement. You are responsible for keeping track of the cash amount paid by the Consumer for the Order and any unredeemed balance of that cash amount to ensure compliance with this Agreement. Furthermore, you agree that so long as an appointment is made for services before the expiration date of the Order, the Order will be fully honored without restriction even though the services may be completed after the expiration date.
Explanation
It is your responsibility to comply with all applicable laws, at all time. This includes any laws governing the sale of gift cards, sale of gift certificates, sale of coupons, unfair competition laws, or intellectual property laws.
TERMINATION
Upon termination of your use of the Services for any reason, all of your rights to access and use any and all parts of the Services shall immediately terminate. In the event of such termination, you agree to remove any and all Content from all of your hard drives and any other storage media and to destroy all copies of the Content in your possession.
Explanation
Once this agreement has been terminated, you can no longer use Asantotech and its services. You must also destroy any data originated from Asantotech that you hold.
OUR RESPONSIBILITIES
Subject to the terms and conditions laid out herein, Asantotech agrees (i) to provide the Service to the Client and grants to the Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to use the Services, according to the terms and conditions of all included Subscriptions, solely for the Client’s own business purposes; and (ii) We may provide to the Client commercially reasonable technical support via telephone and email As defined in the Client’s Subscription Plan.
Explanation
You have the right to use our product for your own purposes only and you may not give this right to anyone else (except for the users that you have set up as part of your subscription).
Asantotech is not obligated for providing assistance or support to you, including error corrections, upgrades, support, updates, bug fixes, enhancements, or other types of support. You agree that Asantotech has no liability or responsibility for the storage or deletion of any User Submissions. Asantotech reserves the right, but not the obligation, to remove any User Submissions at its discretion and/or terminate a user account without giving an explanation or cause. We may monitor your use of the Services, to the extent permitted by law, to ensure compliance with these Terms of Use, satisfy legal requirements, or protect our rights and the right of others.
INDEMNIFICATION
The Client shall indemnify and hold Asantotech and its parent organizations, Affiliates, subsidiaries, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorney’s fees and costs such as expert witness costs, witness costs and the like) arising out of, or in connection with (i) claims alleging that use of the Client Data infringes the rights of, or has caused harm to, a third party; (ii) a claim which, if true, would constitute a violation by the Client of the Client’s representations and warranties above, or (iii) a claim arising from the breach by the Client or the Client’s users of this Agreement, provided in any such case that Asantotech (a) gives written notice of the claim promptly to the Client; (b) gives the Client sole control of the defense and settlement of the claim (provided that the Client may not settle or defend any claim unless the Client unconditionally releases Asantotech of all liability without requirement of any type of payment and such settlement does not affect Asantotech’s business or Service); (c) provides to the Client all available information and reasonable assistance; and (d) has not compromised or settled such claim.
Explanation
If we are sued by another party as a result of something you’ve done, you’ll cover the costs
SOLE REMEDY
Your only remedy for any dispute with Asantotech is to stop using the Services.
CONTRACTING ENTITY AND APPLICABLE LAW/ JURISDICTION
Your physical address determines which Asantotech entity you are contracting with for the Subscription and Consulting Services. For this Agreement, “located in” means your shipping or physical address. If you are located in North America or Republic of Singapore, then you are contracting with Asantotech Ltd Asantotech and this Agreement is governed by the laws of the State of California, U.S.A. without reference to conflicts of law principles. For contracts with Asantotech Ltd Asantotech, both parties consent to the exclusive jurisdiction and venue of the federal or state courts in the County of Santa Clara, California, U.S.A. for all disputes arising out of or relating to the use of the Services.
If you are located in any country other than North America or the Republic of Singapore, then you are contracting with Asantotech Global PTE. and this Agreement is governed by the laws of the Republic of Singapore. without reference to conflicts of law principles. For contracts with Asantotech Global PTE., both parties consent to the exclusive jurisdiction and venue of the courts in the Republic of Singapore for all disputes arising out of or relating to the use of the Services.
ENTIRE AGREEMENT / TRANSLATION / INTERPRETATION
These Terms of Use, other Asantotech legal policies as posted on the Asantotech websites, and any operating rules for the Services established by Asantotech constitute the entire agreement between Asantotech and you regarding your use of the Services. If any provision of these Terms of Use should be held illegal or unenforceable by a court with jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Use if no such modification is possible, and the other provisions of these Terms of Use shall remain in full force and effect. The section headings used are for convenience only and shall not be given any legal significance.
EXPLANATORY PARAGRAPHS
This Agreement may be accompanied by explanatory glosses (the “Explanatory Paragraphs”) that attempt to simplify and summarize the language used herein. The Explanatory Paragraphs that may be found throughout this Agreement are for reference and administrative purposes only, are not incorporated into this Agreement, and shall not affect the interpretation of this Agreement.
In the event of any conflict between the provisions of this Agreement and the Explanatory Paragraphs, this Agreement shall control.
Asantotech is not a law firm and does not provide legal advice. The Explanatory Paragraphs are not intended as legal advice and should not be relied upon as such by the Client. Asantotech shall not be liable for any damages caused by the Client’s reliance upon the Explanatory Paragraphs or failure to seek appropriate legal assistance before accepting this Agreement.
Explanation
This text that you are reading, which is a simplified version of the subscription agreement, is just to help make it easier for you to understand the subscription agreement. It is not technically part of the agreement itself. To ensure that you understand all the terms of this agreement, we highly recommend that you read the full subscription agreement yourself and/or get legal advice from an attorney. It is the full text of the subscription agreement – not these simplified explanations – that ultimately defines our relationship, and our respective rights and obligations to each other.
NO WAIVER
A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.
WARRANTY DISCLAIMER
The Services are provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE.” YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. Asantotech does not guarantee that users will be able to access the Services at all times or places, that Asantotech will have adequate capacity for all users, OR THAT THE SERVICES WILL BE OPERABLE with your equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, Asantotech, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, including implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement. Asantotech MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICES. Asantotech DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND Asantotech WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
You are solely responsible for compliance with all applicable local law.
Explanation
Aside from the specific warranties we make in Section 31, we do not promise or guarantee that our product or services will always be reliable, timely, of a certain quality, suitable for your needs, true or accurate, available, or complete. We do not promise or guarantee that our service will always be secure, timely, uninterrupted, or free from errors, or that it will work in combination with other systems. We do not promise or guarantee that our product will meet your expectations, that any data in our service will be accurate or reliable, or that any errors or defects will be corrected. We provide our service to you “as is,” and we explicitly refuse to promise or guarantee that it meets any particular legal warranty or standard.
LIMITATION OF DAMAGES AND LIABILITY
IN NO EVENT SHALL Asantotech, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES, (III) ANY UNAuthorised ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Explanation
These are the limits of legal liability we may have to you.
Asantotech’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT OF LAST PAYMENT MADE BY YOU FOR THE SERVICES THAT CAUSED SUCH DAMAGE.
Explanation
Asantotech’s liability to you for any damages will be limited to the last payment you made to Asantotech.
