Terms and Conditions

Please refrain from using our website if you do not accept all of the terms and conditions outlined on this page.

The following terminology applies to these Terms and Conditions, Privacy Policy, Disclaimer, and any related Agreements:

• "Client," "You," "User," and "Your" refers to the individual or business using this website.

• "Service Provider," "We," "Us," and "Our" refers to the business providing services and products on this site, which has rented the platform from MYSOFTDAY, the SaaS platform provider.

• "MYSOFTDAY" refers to the company providing the platform on a temporary basis to the Service Provider for the purpose of managing, organizing, and facilitating service offerings, bookings, and customer interactions. The platform will be provided with full functionality, subject to the terms and conditions outlined in the agreement. The Service Provider is granted access to the platform for the duration of the subscription, but all rights to the platform, including software, intellectual property, and underlying technology, remain the property of "MYSOFTDAY."

The Service Provider is responsible for maintaining accurate service details, ensuring compliance with applicable laws, and securing necessary permissions for all content uploaded, excluding the content generated by the platform itself.

All terms refer to the offer, acceptance, and consideration necessary for providing our services to the Client, whether through scheduled meetings or other methods, in alignment with the Service Provider's offerings, subject to the laws of the United States and Canada. Terms and words used in singular, plural, capitalized, or in different gender forms are considered interchangeable.

Cookies

We use cookies on our website. By continuing to use our site, you consent to our use of cookies as described in our privacy policy. Many modern interactive websites use cookies to collect user information during visits. We use cookies in some sections of our website to enhance functionality and improve user experience. Some of our advertising and affiliate partners may also use cookies.

License

Unless specified otherwise, the Service Provider and its licensors hold the intellectual property rights to all content on this website. They are also fully responsible for the publication of such content, ensuring that they have obtained all necessary permissions, licenses, and rights to use, distribute, and display the content. The Service Provider assumes all legal responsibility for the content uploaded to the platform and agrees to indemnify and hold "MYSOFTDAY" harmless from any claims, damages, or legal actions arising from the unauthorized use or infringement of third-party rights related to the published content.

All rights are reserved. You may view or print pages for personal use under the restrictions outlined in these terms.

Regarding unique content on our website, you are prohibited from:

• Republishing material
• Selling, renting, or sublicensing material
• Reproducing, duplicating, or copying material
• Redistributing content (except content made for redistribution).

Transactions and Payment Processing

All transactions are securely processed through recognized payment providers. However, the Service Provider is not responsible for the accuracy of the information entered by the website user or for the functionality of the payment processor, nor is MYSOFTDAY, the software provider, liable for any issues related to the payment process.

The Service Provider acknowledges that MYSOFTDAY provides the platform for transaction facilitation but does not guarantee or assume liability for the success, completion, or accuracy of any transaction. The Service Provider is solely responsible for ensuring that the payment details provided by the users are correct and complete. Any issues related to payment errors, transaction disputes, or refund requests are the sole responsibility of the Service Provider, who must handle such matters directly with the end-user or payment provider.

MYSOFTDAY is not liable for any disruptions, delays, or failures in payment processing due to external systems, including, but not limited to, payment gateways, banking institutions, or internet connectivity issues. The Service Provider agrees to hold MYSOFTDAY harmless from any claims, losses, damages, or legal actions arising from payment-related issues, including fraudulent transactions, chargebacks, or payment processor errors.

The Service Provider agrees to comply with all applicable laws, regulations, and industry standards regarding payment processing, including data protection and privacy laws related to user payment information. The Service Provider is solely responsible for the security and confidentiality of user payment information entered on their website.

Hyperlinking to Our Content

The following organizations may link to our website without prior written approval:

Government agencies

Search engines

News outlets

Online directory distributors listing our site in directories

Systemwide Accredited Businesses (excluding non-profit or charity organizations).

These entities may link to our homepage, publications, or other information on our website as long as the link:

(a) is not misleading,

(b) does not falsely imply sponsorship, endorsement, or approval,

(c) fits within the context of the linking site,

(d) does not infringe on any intellectual property rights or other legal protections held by the Service Provider or MYSOFTDAY,

(e) and does not present the website or services in a false or negative light.

We may approve other link requests from organizations like Chambers of Commerce, educational institutions, and business-related organizations. Approval will depend on whether the link would reflect favorably on us and if the linking organization meets our criteria, as well as whether the link complies with applicable laws and regulations.

If you are from an organization listed above and wish to link to our site, please email us with your contact details and the URLs involved. We will respond within 2-3 weeks. However, the Service Provider and MYSOFTDAY reserve the right to reject any link request for any reason, including concerns over the potential for reputational damage or violation of intellectual property rights.

Iframes

Without prior written approval, you may not create frames around our web pages or alter the appearance of our website in any way. Additionally, you may not use any techniques that may change the visual presentation or appearance of our website, such as embedding content from our website in a manner that may mislead visitors, misrepresent the relationship between the Service Provider, MYSOFTDAY, and your site, or imply any form of endorsement or sponsorship by the Service Provider or MYSOFTDAY.

Any unauthorized framing or alteration of the website is strictly prohibited and may result in the immediate termination of your access to the website. The Service Provider and MYSOFTDAY reserve the right to take legal action against any violation of this provision.

Reservation of Rights

We reserve the right to request the removal of any link to our site at our sole discretion, and you agree to comply with such a request immediately. We also reserve the right to amend these Terms and Conditions at any time. Any modification to these Terms and Conditions will be effective immediately upon posting on the website. By continuing to use the website after any modifications, you accept the revised Terms and Conditions.

Furthermore, we reserve the right to remove or disable access to any content or materials that violate our intellectual property rights, those of MYSOFTDAY, or any third party. The Service Provider and MYSOFTDAY shall not be held liable for any consequences arising from the removal of links, content, or access to the website.

The Service Provider and MYSOFTDAY also reserve the right to take any legal or corrective actions, including but not limited to suspending services or access, if any of the terms outlined in this agreement are violated.

Removal of Links

If you find a link on our site or any linked website that you find objectionable, you may contact us. We will review your request, but we are not obligated to act on it. The Service Provider and MYSOFTDAY are under no obligation to remove or disable links, content, or materials unless required by applicable law, or if they are found to infringe upon intellectual property rights or violate the terms of this agreement.

The Service Provider and MYSOFTDAY disclaim any liability for third-party content or links, and will not be held responsible for any consequences arising from the presence of such links or content on the website. Any action taken in response to a request for removal will be at the sole discretion of the Service Provider and MYSOFTDAY, based on their policies and legal obligations.

Content Liability

We are not responsible for the content of external websites linking to ours. You agree to indemnify and defend us, including the Service Provider and MYSOFTDAY, against any claims, damages, losses, liabilities, or expenses arising from or related to your website, including but not limited to any content that is uploaded, posted, or otherwise made available on your website by you or your users.

In the event that licensed materials are found on the website, the rights holder of those materials must immediately contact the the Service Provider directly to clarify the rights and facilitate the removal of the materials. The MYSOFTDAY are not responsible for any materials uploaded to the website by the Service Provider or users of the website and disclaim any liability for such content.

Any claims or disputes regarding the content, including the use of licensed materials or any other content on the website, should be addressed directly to the business (the Service Provider using the platform), and not to MYSOFTDAY. The Service Provider, and not MYSOFTDAY, is solely responsible for managing, moderating, and resolving such matters related to content on their website.

Disclaimer

To the fullest extent permitted by law, we exclude all representations, warranties, and conditions related to the use of our website and services. This includes implied warranties related to quality, fitness for purpose, and the exercise of reasonable care. This disclaimer does not:

Limit liability for death or personal injury due to negligence;

Limit liability for fraud or misrepresentation;

Exclude any liabilities not permitted by law;

Limit the responsibility of the Service Provider for any services provided on the website.

The Service Provider, as the business using the platform, is solely responsible for the content, services, and any claims arising from its website. MYSOFTDAY, as the SaaS platform provider, is not liable for any loss, damage, or issue arising from the content or services offered by the Service Provider.

If our website or services are offered free of charge, we, including MYSOFTDAY, are not liable for any loss or damage arising from the use of the website or services, including but not limited to any disruptions, inaccuracies, or interruptions in service.

By using the website, you acknowledge that the Service Provider is responsible for the services it provides, and MYSOFTDAY is not liable for any damages or issues related to those services.

Website Access and Responsibility

The Service Provider does not guarantee uninterrupted access to the website. Access to the website may be temporarily suspended or limited for reasons including, but not limited to, maintenance, system failures, or other technical issues beyond the control of the Service Provider and MYSOFTDAY.

The Service Provider is not responsible for any third-party services linked to or used by the website. These third-party services are separate entities, and any interactions or transactions with them are governed by their respective terms and conditions. The Service Provider and MYSOFTDAY disclaim any liability for the functionality, availability, or performance of third-party services, including but not limited to payment processors, hosting services, and other integrated tools or platforms.

Under no circumstances shall the Service Provider or MYSOFTDAY be liable for any direct, indirect, or consequential damages arising from the use of the website or the services provided. The website is provided to the Service Provider on a subscription basis by MYSOFTDAY, and the Service Provider using the website assumes full responsibility for the services it offers, their consequences, and for all content (including videos, photos, text, etc.) that the business uploads to the website.

The Service Provider is solely responsible for ensuring that all content complies with applicable laws and regulations, including obtaining necessary licenses or permissions for third-party content, and for addressing any legal issues related to the content displayed on the website. In case of any claims, disputes, or legal actions arising from the content or services offered by the Service Provider, the Service Provider agrees to indemnify and hold harmless MYSOFTDAY.

Limitation of Liability of MYSOFTDAY

MYSOFTDAY does not accept any responsibility or liability for the performance, functionality, or availability of the software, VPS hosting, or data storage provided by third-party hosting providers. The Service Provider and Client acknowledges that MYSOFTDAY is not liable for any issues related to the operation or management of the hosting infrastructure, including but not limited to server downtime, data breaches, or unauthorized access to data stored on VPS hosting servers.

While MYSOFTDAY takes reasonable measures to protect the security and confidentiality of data, including following industry-standard protocols for data protection, we do not guarantee the absence of potential security vulnerabilities or breaches. The Service Provider is solely responsible for managing and securing the data stored on the platform and for complying with all relevant laws and regulations concerning data protection and privacy.

MYSOFTDAY commits to not sharing any data provided by the Service Provider or its clients with third parties, except as required by law or with prior consent. However, MYSOFTDAY is not responsible for any loss, theft, or unauthorized access to data that may occur due to factors beyond our control.

Termination and Suspension of Access

The Service provider reserves the right to suspend or terminate the client’s access to the website if these Terms and Conditions are violated. Any violation of these Terms may result in the immediate restriction or termination of the client’s access to the website, without prior notice. The Service provider also reserves the right to take further legal action in response to any breach of these Terms, including but not limited to seeking damages or other remedies as allowed by applicable law.

In the event of suspension or termination of access, the client shall remain liable for any outstanding fees or obligations incurred prior to such suspension or termination. The Service Provider and MYSOFTDAY shall not be liable for any damages resulting from the suspension or termination of access to the website.

Promo-Codes

• Promo Code Usage: Promo-codes are provided by the Service Provider for discounts or special offers on the website. Promo codes can only be used as outlined on the website and are not transferable. Promo codes are valid only for a limited time and are subject to specific terms, including applicable products or services, minimum purchase amounts, and exclusions.
• No Cash Value: Promo codes have no cash value and cannot be redeemed for cash. Promo codes may not be combined with other offers, promotions, or discounts unless specified by the Service Provider.
• Expiration: Promo codes have an expiration date, and once expired, they cannot be used.

Invoicing

• Invoice Issuance: The Service Provider will issue invoices for services provided through the website. Invoices will be delivered electronically to the Client's Personal Account on the website.
• Payment Terms: Payments must be made according to the terms set out in the invoice. If payment is not made within the specified time frame, the Service Provider reserves the right to suspend services until payment is received.
• Tax Responsibility: The Client is responsible for any applicable taxes or fees that may arise from the purchase of services through the website, as determined by the Service Provider's location or applicable law.

Gift Cards and Vouchers

For specific terms regarding the purchase and use of E-Gift Cards and E-Gift Vouchers, please refer to our E-Gift Card Terms and Conditions and E-Gift Voucher Terms and Conditions. These documents govern the use of such products and are separate from the general Terms and Conditions of this website.

Additional Terms to Consider

• Limitation of Liability Regarding E-Gift Cards and Promo-Codes: The Service Provider and MYSOFTDAY are not responsible for any errors or issues with E-Gift cards, promo codes, or invoices, including technical problems or failure to process payments or discounts. Clients should notify the Service Provider promptly if they encounter any issues.
• Changes to Offers: The Service Provider reserves the right to modify, suspend, or discontinue the availability of E-Gift cards, promo codes, or invoicing at any time, at their sole discretion, without prior notice.

Updates to Terms

The Service Provider or MYSOFTDAY may update these Terms and Conditions at any time, with or without prior notice to the client. It is the client’s responsibility to regularly review these Terms to stay informed of any changes. Continued use of the website after any modifications constitutes the client’s acceptance of the revised Terms and Conditions. If the client does not agree to the updated Terms, they must immediately cease using the website.

The Service Provider and MYSOFTDAY reserve the right to make changes to the website and its services at their discretion, including discontinuing or modifying any features or content. Any such changes may be made without notice and will be binding once published on the website.

Dispute Resolution and Jurisdiction

Any disputes between the Client and the Service Provider shall be resolved in the jurisdiction where the Service Provider is located. In the case of a dispute or claim regarding the software or services provided by MYSOFTDAY, the Client agrees that such dispute shall be resolved in the jurisdiction where MYSOFTDAY is located.

Acknowledgment

By continuing to use this website, the client acknowledges that they have read, understood, and agreed to these Terms and Conditions, as well as any future updates or amendments. The client also acknowledges that they are legally capable of entering into a binding agreement and that they have had the opportunity to seek independent legal advice if necessary.

If the client does not agree to these Terms and Conditions, they must immediately cease using the website and all associated services.

For any questions or inquiries regarding these Terms and Conditions, please contact the Service Provider directly at the following contact details:

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