Terms and conditions
GENERAL TERMS AND CONDITIONS 19.09.2023
These general terms and conditions (the «Terms») apply to Booking & scheduling platform that optimizes resource allocation and online booking based on factors like staff availability, service duration, and customer preferences. provided by AVAILY AS («Provider») and include important information about legal rights and obligations of Customers and Users.
APPLICATION OF TERMS
By accessing the Site and/or using the Services, the Customer and each User is automatically agreeing to the Terms and confirming that it understands that:
the Terms create a legally binding agreement between the Customer and the Provider and impose binding obligations on each User.
each User should read these Terms carefully before using the Services.
The Provider may change the Terms from time to time in its sole discretion:
Changes to the Terms will have immediate effect when published on the Site. A change to the date of the Terms indicates an update. The Provider will only give a separate written notice to Customers if the Provider considers that their attention should be drawn to them.
«Customer»: the legal entity which will use the Services and is registered as a Customer in the Subscription process.
«Legal Capacity»: at least 18 years old, of sound mind and having all necessary authorisations to complete the Subscription and use the Services on behalf of the Customer.
«Platform»: that part of the Site which can be accessed only by Customers with a valid Subscription.
«Services»: access to use the Booking & scheduling platform that optimizes resource allocation and online booking based on factors like staff availability, service duration, and customer preferences. available on the Site and the Platform, and all applications, tools and functionality.
«Subscription»: the Customer’s online subscription to the Services.
«Subscription Period»: each Subscription applies for an initial fixed period as specified in these Terms and is renewed as stated in these Terms.
«User»: an individual who is authorised to access the Site and use the Services on behalf of the Customer.
THE CUSTOMER AND USERS
The Services are offered to legal entities and not individuals. No consumer protection is available to the Customer or any User.
Everyone who agrees to a Subscription is:
- Committing the Customer to a legally binding obligation.
- Confirming and guaranteeing that they have Legal Capacity.
Everyone who uses the Site, the Platform and the Services is confirming that:
- They have Legal Capacity.
- They are using the Site, the Platform and the Services for internal purposes only.
- They undertake not to sell, distribute, assign, transfer, license or otherwise commercially exploit all or any part of the Site, the platform or the Services.
SUBSCRIPTION PERIODS AND CANCELLATION
The Services are available on a rolling subscription basis for consecutive 12-monthly Subscription Periods.
Subscriptions can be cancelled by sending written notice no later than 3 months prior to expiry of the current Subscription Period.
USE OF SERVICES AND THE PLATFORM
The Services will be made available to the Customer as a service delivered over the internet (Software as a Service/SaaS) when payment for the first Subscription Period has been received by the Provider.
The Services and the Platform must be used in accordance with these Terms:
The Provider reserves the right to carry out investigations that are reasonable and necessary to ensure that the Services are used in accordance with the Terms.
- The Provider will keep any confidential information in confidence made known to it during such investigations and only share it to the extent that is strictly necessary for the purpose of the investigation.
- The Provider has the right to refuse, freeze or cancel a Subscription and/or block access to the Platform if it suspects that the customer or any Users have acted in breach of the Terms.
Prices for the Services are published on the Site. Prices are quoted exclusive of VAT, which will be added as part of the invoicing process.
The Provider reserves the right to change prices by giving written notice at any time, with effect from the next Subscription Period. Any support or other assistance that falls outside the scope of the Services as described will be agreed and invoiced separately.
Invoices for Subscriptions will be issued in advance and fall due 14 days from the invoice date. The Provider can restrict access to the Platform with immediate effect until payment is made in full. The provider can also charge interest on late payments. Neither of these actions will release the Customer from its obligation to pay for the Subscription. The provider reserves its right to demand payment by another means.
To give Customers a good insight into how the Services work before the Subscription becomes binding, the Provider offers a free trial of 1 month. No payment will be taken or invoice issued until the trial period has expired. The Subscription becomes automatically binding at the end of the trial period unless the Customer terminates the Subscription by notifying the Provider before the end of the trial period. Termination notice should be sent to firstname.lastname@example.org.
Customer satisfaction is important to the Provider who offers the following customer support:
- FAQs on the Site
- Email support: email@example.com
- There is no guaranteed response time nor any guarantee that the Provider can resolve support requests but the Provider will usually send a reply within 2 working days.
- Support is limited to support for use of the Platform.
The Provider may, at any time, engage consultants and/or other companies as subcontractors to provide all or part of the Services and has no obligation to notify the Customer or Users. Neither the Customer nor the users have any direct contractual relationship with, or rights in relation to, such subcontractors.
SERVICES ARE SOLD «AS IS»
The Services are sold «as is» without any type of warranty.
The Customer and Users must assess for themselves whether the Services and/or the information, answers or recommendations received on the Platform and/or through the Services are suitable for their needs and purposes. The Provider reserves the right to modify the Services in its sole discretion.
THE PLATFORM IS PROVIDED «AS AVAILABLE»
The Platform is provided «as available» without warranty of any kind:
- The Services may be completely or partially unavailable from time to time due to circumstances both within the Provider’s control (such as routine maintenance) and outside the Provider’s control (such as downtime on any of the software services used to provide the Services).
- If possible, the Provider will give advance notice of downtime.
By using the Services, the Customer and each User is acknowledging that access to the Services may be, among other things:
- Interrupted or delayed;
- Unavailable at any time or in any place;
- Affected by errors or omissions, which may not be, or may not be capable of being, corrected; and/or
affected by viruses or other harmful components, and that the Provider has no responsibility for any such incidents or the consequences thereof.
A Subscription gives the Customer and each User a limited right of use as stated in these Terms.
The Provider owns all copyright and other intellectual property rights associated with the Site, the Platform, the Services and their content, including all further developments.
In particular this means that:
A Subscription or use of the Services does not give the Customer or any User any intellectual property or other ownership rights to the Services, the Platform, the Site, the Provider’s logo or trademarks (registerd or unregistered), or anything else belonging to the Provider;
no rights are given to the Customer or Users except the right to use the Platform, the Site and the Services on these Terms; neither the Customer nor any User may copy, reproduce, distribute, modify, disassemble, decompile («reverse engineer»), create competing works from, license, sell and/or resell all or part of the Platform, the Site or Services (or any content) or on otherwise deal with them to develop or offer a product or service that competes with the Services or for any other purpose; and the Provider’s trademarks, name, logo and/or other intellectual property rights may not be used in connection with other products or services.
If any claim is made against the Provider by any third parties in respect of the Customer’s or any User’s use of the Site, the Platform or the Services, this is the entirely the Customer’s liability.
The Customer accepts that it will hold the Provider harmless, and that the Provider is entitled to a full indemnity claim against the customer for, the full amount of any and all claims, losses, damages, judgments, fines, litigation costs and legal fees relating to any and all third party claims and legal proceedings (including actions by government authorities).
LIMITATION OF LIABILITY
Purchase on an «as is/as available» basis means that the Customer has no rights to cancel a Subscription or claim any compensation or otherwise bring a claim against the Provider in respect of any experience of faults with or omission on the Site, in the Platform or the Services, save to the extent (if any) available under mandatory law. The Customer and Users use the Services at their own risk. The Provider has no liability for the use of the Site, the Platform or the Services by the Customer or any User.
The Provider does not guarantee that the Services do not involve infringement of other people’s rights.
The Provider disclaims any and all responsibility for indirect or consequential loss or damage by/as a result of using the Site, the platform or the Services.
This exclusion applies to, but is not limited to, loss of profit of any kind, loss of customers, loss or corruption of data, loss due to business interruption, loss of use and claims from third parties, whether direct or indirect. If there should there be any liability, the Supplier’s total liability is limited as follows: (a) any liability is only for the Customer’s documented financial loss; and (b) the Supplier cannot be liable to the Customer for more than an amount equal to the Price (ex VAT) paid by the Customer during the last three months before the claim arises.
The Customer must comply with applicable privacy legislation and obtain the necessary permissions and consents that are required for uploading, storing and using data in connection with the Services.
By using the Services, Users and the Customer agree to receive electronic communications relevant to use of the Platform and the Services, either on the Platform and/or the Site.
part of the Terms and all Users must confirm acceptance before accessing the Site.
If the Provider receives and processes personal data from the Customer and the Provider is responsible for processing the personal data (as data processor) on behalf of the Customer (as data controller), the Parties will enter into a data processing agreement. If any Customer or User has a concern about how personal data is processed by the Provider, a complaint can be filed with the Norwegian Data Protection Authority email: firstname.lastname@example.org/tlf. 22 39 69 00 www.datatilsynet.no.
LAW AND DISPUTE RESOLUTION
Norwegian law applies to these Terms.
The Parties agree to try to resolve any dispute relating to these Terms amicably. If they do not reach an amicable resolution within a reasonable
time (not to exceed 60 days), the Parties agree to submit to the jurisdiction of the Norwegian courts, the venue to be Oslo tingrett district court.