TERMS AND CONDITIONS
1. Scope and Purpose of the General Terms and Conditions
1.1. These General Terms and Conditions regulate the provision, through BOOKanAPP Provider mobile app, distributed on Google Play and AppStore, ("App"), of the service of digital appointment booking, schedule management and its publishing on www.bookanapp.com and BOOKanAPP mobile app ("Service") by registered providers (individually a "Provider" and collectively "Providers") by Butterfly Valley Lda VAT number 514824719 ("Butterfly Valley") for the end user (individually a "User" and collectively "Users") of the website www.bookanapp.com and/or BOOKanAPP mobile app, distributed on Google Play and AppStore, under the terms and conditions described herein. By continuing to use this App the Provider accepts these terms and conditions.
1.2. Registration on the site must be done by Providers aged 18 (eighteen) or over years (minors must be authorized by their representatives) in case these are natural persons.
1.3. The information transmitted and uploaded by the Provider will have full legal effects The Provider thus shall not claim the lack of endorsement to justify failure to comply with the assumed liabilities.
1.4. The Service is a service that includes free or purchasable plans paid by the Provider in accordance with the current pricing published on the provider.bookanapp.com website and in the absence of payment, Butterfly Valley reserves the right to limit the Provider's access to the App and the Service
2. Content Information
2.1. Butterfly Valley will make every effort to ensure that the information presented is free of typographical errors which will be promptly corrected whenever these occur.
2.2. All information on prices, specifications, promotional actions and services may be changed at any time by Butterfly Valley without prior notice.
3. Liabilities
3.1 The App has adequate levels of digital security, however, Butterfly Valley shall not be liable for any damages suffered by the Provider and/or third parties due to delays, disruptions, errors and suspensions of the Service due to factors beyond Butterfly Valleys control, in particular, any failures caused by the communication network or communication services provided by third parties, computer systems, modems, connection software or any computer viruses contained in downloaded files that may affect Providers equipment. If for any reason of error of access to the App the Service is disrupted, Butterfly Valley shall not be liable for any damages that may occur due to mentioned disruptions.
3.2 Data and information queries made within the scope of this Service are presumed to be made by the Provider. Butterfly Valley shall not be held liable for any misuse or fraudulent use of the obtained information.
3.3 Butterfly Valley shall not be liable for any loss or damage caused by abusive use of the Service, through felony or gross negligence, that is not directly imputable to Butterfly Valley.
3.4 Butterfly Valley shall not be liable for any loss or damage caused by breach or defective performance of the Service when it is not directly or indirectly imputable to Butterfly Valley and is not liable in particular for (i) errors, omissions or other inaccurate information made available through the Service; (ii) damages caused by Provider's or third party's fault, including breaches of intellectual property, (iii) breach or defective compliance resulting from enforcement of judicial decisions or these of administrative authorities, or (iv) breach or failure to provide the Service due to situations of an extraordinary or unforeseeable nature which cannot be controlled by Butterfly Valley, such as fires, power outages, explosions, wars, riots, civil unrest, governmental decisions, strikes, earthquakes, floods or other natural disasters or other situations not controllable by Butterfly Valley that prevent or impede compliance with the assumed liabilities.
3.5 Butterfly Valley does not guarantee that: (i) the Service is provided without any disruptions, is safe, error-free, or operates infinitely;
ii) the quality of any service or information obtained through the Service will live up to any expectations of the Provider in relation to it.
Any information obtained in any way through the use of the Service shall be used at the Provider's risk and only the Provider shall solely be responsible for any damage caused to his/her system and/or computer equipment or for any loss of data resulting from that operation.
No advice or information, whether oral or written, obtained by the Provider from or through the Service shall create any warranty that is not expressed in these General Conditions.
3.6. The Provider agrees that Butterfly Valley shall in no way be liable for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if Butterfly Valley has been previously advised by the Provider about the possibility of such damages), resulting:
i) from the use or impossibility of using the Service;
(ii) unauthorized access to or modification of personal information.
4. Providers Liabilities
4.1. The Provider shall undertake to:
i) provide accurate personal data;
ii) do not use false identities;
4.2. If any of the data is inaccurate or insufficient and leads to a delay or impossibility to process the appointment booking, this shall be Providers responsibility, and Butterfly Valley shall not be held liable for any of the described events. In the event that a Provider fails to comply to any of mentioned liabilities, Butterfly Valley reserves the right to block Providers access to the App, or to refuse to provide the Service to the non-complying Provider; and also to not allow non-complying Provider's future access to any services provided by Butterfly Valley.
4.3. The Provider shall not offer the following services:
- Services that promote offensive material (for example, hate speech, encouraging violence against others, etc.).
- Financial, money processing or credit services; financial intermediaries or cash equivalent instruments; travel services (for example, vacation packages); telephone services (for example, prepaid telephone services); and business marketing services.
- Any kind of sexual services.
- Services that involve weapons, replica weapons and weapon accessories.
5. Appointment Booking
5.1. Registered or anonymous Users may book appointments of the services published on www.bookanapp.com and BOOKanAPP mobile app.
5.2. All information regarding the provided services, photographs, name and address, as well as the schedule management are of the entire responsibility of the Provider, therefore Butterfly Valley shall not be held liable for any damages resulting from Providers failure to comply with the terms and conditions of the Service.
5.3 Once the booking process is complete, the User will receive, via e-mail, the summary of his/her appointment, including date, time and place.
6. Appointment cancellation
6.1 At User's request
The User may cancel or reschedule his appointment by accessing www.bookanapp.com website or BOOKanAPP mobile app and using the tools provided for this purpose. During this process, the User will be encouraged, but not obliged, to disclose the reason of the cancellation, which will be communicated to the respective Provider.
6.2 At Providers request
Any Provider registered on the App reserves the right to cancel an appointment, when it verifies any inconsistency in the provider personal information or observes any form of misconduct by the User. The Provider also reserves the right to cancel an appointment without invoking a reason in which case the User will be notified of the cancellation through the automatic means available on the App.
7. Intellectual Property
7.1. The App is registered and owned by Butterfly Valley.
7.2. The Provider shall acknowledge that the Service contains confidential information and is protected by copyright law, industrial property law and other applicable legislation.
7.3. The Provider shall acknowledge that any content published on the App that may appear in advertising, prominence, promotion or mention of any sponsor or advertiser is protected by copyright law, industrial property laws and other property protection legislation, so any use of such content shall only occur under Butterfly Valleys express authorization.
7.4. The Provider shall undertake to respect in full the rights referred to in the previous line, namely to refrain from any actions that may violate the law or said rights, such as reproduction, marketing, transmission or public placement of such.
8. Service Security
8.1. The Provider shall undertake to respect all applicable legislation, in particular, not to practice or encourage the practice of illegal acts, such as the indiscriminate sending of unsolicited communication (spamming) in violation of the legislation applicable to personal data processing and advertising by means of automatic calling devices and/or mass email sending, and shall also observe the terms of Service, otherwise Butterfly Valley may suspend or block the Providers access to the Service in accordance with paragraph 14.
8.2. The Provider shall expressly acknowledge and accept that the IP Network constitutes a public electronic communication network which can be used simultaneously by several users and is therefore subject to computer overload, and therefore Butterfly Valley shall not guarantee the provision of the Service without any disruption, loss of information or delays.
8.3. Butterfly Valley shall also not guarantee the provision of the Service in situations of unforeseeable overloading of its systems or in case of force majeure (situations of an extraordinary or unforeseeable nature not controllable by Butterfly Valley).
8.4. In the event of any disruption of the Service due to unpredictable overload of the systems utilized for its provision, Butterfly Valley shall undertake to normalize its operations as soon as possible.
9. Service Suspension and Deactivation
9.1. Regardless of any prior or subsequent communication, Butterfly Valley may, at any time and at its sole discretion, discontinue the provision of the Service or a part of the Service to any or all Providers.
9.2. Butterfly Valley also reserves the right to suspend or immediately cease access to the Service in the following cases: a) when the Provider does not observe the terms referred to in paragraph 4 and others referred to in the present Terms and Conditions;
b) when Butterfly Valley ceases access to the App upon a notice 15 days prior to the date of the cease.
9.3. Suspension or cease of the Service by Butterfly Valley, under the terms of the preceding paragraphs, does not affect the right of the Provider or third parties to any compensation and Butterfly Valley shall not be liable or otherwise encumbered for any consequence resulting from suspension, cease or cancellation of the Service.
9.4. In the situations described above, Butterfly Valley shall communicate to the Provider three (3) business days counting from the sending of the notification to the Providers or when the information is made publicly available on the provider.bookanapp.com website.
10. Communication
10.1. Regardless of other means of communication mentioned in these Terms and Conditions, notifications made to the Provider regarding the Service, including any changes to these Terms and Conditions, may be made to the Provider's email address and/or by telephonic notice.
10.2. The Provider shall agree to receive any or all communication and/or notifications related to the App on the Provider's telephone number and/or e-mail address (e-mail) communicated during registration process or modified later.
At any time the Provider may request that not to receive any Service related communication and/or notifications through the means available on the App or through the option "Unsubscribe from this Newsletter" available in each Newsletter.
11. Technical Settings
11.1. Regardless of any information contained in the previous paragraphs, Butterfly Valley may change the Services settings and/or the technical conditions of its provision, as well as the respective rules of use, and shall disclose such changes to the Provider with at least fifteen (15) business days' notice.
11.2. The current version of these Terms and Conditions is available at https://www.bookanapp.com/info/terms
12. Networking
12.1. Whenever Butterfly Valley deems necessary or desirable to optimize the Provider's experience and/or improve connectivity setting, it may remotely reshape the Services network settings.
12.2. Regardless of the information mentioned below, and in view of the innovative nature of the Service and the technological developments to which it may be subject, Butterfly Valley may change the technical settings of the Service whenever this proves useful to adapt to any technological developments.
12.3. However, Butterfly Valley shall not guarantee the Provider to perform any Service upgrades or improvements.
12.4. Some paid upgrades or new functionalities of the Service may be made available to the Provider that may subject to specific terms conditions applicable to paid services.
13. Claims
13.1. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a "Dispute" and collectively "Disputes") brought by either the Provider or Butterfly Valley (individually a "Party" and collectively, the "Parties"), the Parties shall agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
13.2. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. The Provider understands that without this provision the Provider would have the right to sue in court.
13.3. In no event shall any Dispute brought by either Party related in any way to the Service be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any dispute falling within that portions of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction, and the Parties agree to submit to the personal jurisdiction of that court.
14. Governing Law
14.1. These Terms and Conditions are governed by and construed in accordance with the laws of the Portuguese Republic.
15. Privacy Policy
15.1. Butterfly Valley guarantees the confidentiality and non-disclosure of all data provided by Providers registered on the App.
15.2. The personal data identified in the registration form as being mandatory indispensable to the provision of the Service by Butterfly Valley. The omission or inaccuracy of the provided data by the Provider is his/her its sole and entire responsibility and may give rise to the refusal by Butterfly Valley to provide the Service.
15.3. The Provider’s personal data will be processed and stored by computer and is intended to be used by Butterfly Valley solely in the scope of contractual and/or commercial relationship with the Provider. In order to guarantee to Users a quality service, all the Provider’s personal data provided at the time of registration or modified later, except for the e-mail address, may be publicly accessible and visible to Users and unregistered visitors of the Site if the Provider publishes its schedule. Any decision to publish any information rests solely with the Provider.
15.4. In the course of its activity, the Provider may enter, in its personal account on the App, personal data of its clients that may be used by the App to send automatic reminders or confirmations of the booked appointments. Butterfly Valley shall not be held liable for the improper or fraudulent use of referred data by the Provider and guarantees the confidentiality and non-disclosure of all such data as referred to in paragraph 15.1.
15.5. All the Provider's personal information as well as the IP address(es) used to sign in will be processed and stored digitally and are intended to be used by Butterfly Valley solely in the scope of providing the Service to the Provider and Users. The collected data may also be used in advertising and marketing campaigns intended solely for the respective Provider through emails, newsletters and other types of communication.
15.6. In accordance with the applicable legislation, the Providers are guaranteed, without additional charges, the right of access, rectification, updating, elimination and portability of their personal data, either directly or by written request.
15.7. The Internet is an open network, so any Providers' personal data, other personal information and/or all content hosted on the App may be leaked or lost. This may lead to the risk of the mentioned data being accessed and used by unauthorized third parties. Butterfly Valley shall not be held liable for such access and/or use when any data loss is not directly or indirectly imputable to it
