Terms of Use

Terms of Use


Effective as of November 1, 2014

These Terms of Use govern your use of openskej, the services provided by openskej and your relationship with openskej. By using openskej and the services provided by openskej, you agree that you have read and understood, and agree to be bound by, these Terms of Use.

Please read these Terms of Use carefully as they affect your legal rights and obligations. If you do not agree with these Terms of Use, please do not use openskej or create an account with openskej.

Please also see our Privacy Policy for the terms governing the collection, storage and use of the information that you provide to us.


    Interpretation
  1. These Terms of Use use the following terms:
    1. openskej, including its affiliates, directors, officers, agents and employees, is referred to as “openskej,” “us,” “we” and “our”.
    2. www.openskej.com and all related sites owned and operated by openskej are referred to collectively as the “Website”.
    3. The services provided by openskej and described in paragraph 5, below, are referred to as the “Services”.
    4. Parties who have registered with openskej and/or hold accounts with openskej are referred to as “Users”.
    5. Parties who request or make appointments through the Website and/or the Services are referred to as “Customers”.
    6. Visitors to the Website who are neither Users nor Customers are referred to as “Visitors”.
  2. These Terms of Use apply to Users, Customers and Visitors, which are referred to collectively as “you”.
  3. Agreement to be bound
  4. By using the Website and/or the Services, you agree to be bound by these Terms of Use.
  5. If you are using the Website and/or the Services, and/or are accepting these Terms of Use, on behalf of a corporation, partnership, organization or business, you agree and accept that these Terms of Use will be binding on all personnel who use the Website and/or the Services on behalf of that corporation, partnership, organization or business.
  6. Services
  7. In general terms, the Services provided by openskej include the following:
    1. ability for Visitors and Customers to view the availability of a User or a User’s business online;
    2. ability for Customers to request and make appointments with a User or a User’s business online;
    3. ability for Users to manage appointments online; and
    4. notification of appointment requests and confirmations to Users and Customers via email.
  8. We reserve the right to add to, remove from, change or enhance the Services and/or the functionality of the Website (including the manner in which the Services are provided) at any time.
  9. We will provide the Services with the reasonable skill, diligence and care of an online service provider. For clarity, the Services provided do not include detailed monitoring or supervision of information provided by Users, Customers and/or Google Calendar to us (including Content, defined below). We do not verify and are not responsible for the accuracy of any information provided by Users, Customers and/or Google Calendar.
  10. Unless expressly stated by us, we are not affiliated with or related to our Users. We do not endorse the products or services provided by our Users and are not responsible for the quality of the products or services offered by our Users.
  11. User accounts
  12. When you create an openskej account, we will ask for some of your personal information. Any personal information you provide to us will be collected, stored and used in accordance with our Privacy Policy. You agree that all information that you provide to us will be accurate, complete and kept up to date at all times. We may use the information that you provide to us to contact you.
  13. In order to create an openskej account, you may be asked to create a password. You are responsible for keeping your password confidential and for taking reasonable steps to prevent unauthorized access to your openskej account. If you know or suspect that someone else has access to your openskej password without your authorization, you agree to change your password or to notify us in writing immediately.
  14. In order to create an openskej account, you will be required to connect to an active Google Calendar account.
    1. You are responsible for complying with any terms and conditions applicable to your use of Google Calendar and for maintaining and monitoring your Google Calendar account.
    2. You are responsible for keeping your Google Calendar password confidential and for taking reasonable steps to prevent unauthorized access to your Google Calendar account. If you know or suspect that someone else has access to your Google Calendar password without your authorization, you agree to change your Google Calendar password or to notify us in writing immediately.
  15. If we reasonably believe that there has been or is likely to be a security breach or misuse of the Website or the Services through your openskej account or your Google Calendar account, we may require that you change the password(s) for your openskej account and/or your Google Calendar account, and we may suspend your openskej account pending the resolution of the security breach or misuse of the Website or the Services. During such a suspension, you may not be able to access the Website and/or the Services. We will make reasonable efforts to notify you in writing, and to resolve any security breach or misuse of the Website or the Services, in a timely manner.
  16. You agree to use your openskej account, the Website and/or the Services solely for your benefit or the benefit of your corporation, partnership, organization or business. You may not directly or indirectly licence, distribute, resell or package our Services to any third party and you may not use your openskej account, the Website and/or the Services in any way to facilitate or provide any similar service to any third party.
  17. Rate and trial period for Users
  18. By creating an openskej account and using the Website and/or the Services, and subject to paragraph 15, you agree to pay the applicable rate for the Services posted on the Website until termination of the Services pursuant to these Terms of Use. You will provide openskej with accurate billing information. You represent that you have the authority to provide openskej with such billing information, and confirm that openskej may use the billing information you provide to charge for the Services at the applicable rate for the Services.
  19. We may offer a free trial period during which we will allow you, for a limited time, to use the Services or certain specific services and/or functionality for free. Once a trial period ends, if you do not subscribe to the Services at the applicable rate, we reserve the right to terminate the Services pursuant to these Terms of Use. We may, at our sole discretion, extend any trial period.
  20. Rates will be valid for the term posted on the Website. You may pay for an advance subscription, which guarantees the rate for the period of the advance subscription. We reserve the right to change the applicable rate for the Services at any time for any reason, without notice to you.
  21. Acceptable Use
  22. You agree that your use of the Website and/or the Services will at all times be lawful and in compliance with these Terms of Use. You agree that you will not use the Website and/or the Services for any unlawful purpose.
  23. Without limiting your obligations under these Terms of Use, in using the Website and the Services, you agree that you will not:
    1. attempt to obtain or solicit personal information or passwords from Users, or attempt to access another User’s account without their authorization;
    2. impersonate any other person, including Users, Customers and Visitors;
    3. bully, intimidate, abuse or harass any other person, including Users, Customers or Visitors;
    4. circulate or disseminate in any way information that is obscene, hateful, abusive, discriminatory, defamatory, misleading or, in openskej’s discretion, is otherwise objectionable;
    5. do anything that would violate any contractual, intellectual property, confidentiality, privacy or other rights; and
    6. do anything to represent or suggest, whether expressly or implicitly, that any products or services that you offer, or any statements made by you, are endorsed by us.
    Content
  24. You may provide us with information or content that may be used or distributed in connection with the delivery of the Services (referred to in these Terms of Use as “Content”). Content may include, but is not limited to, logos, contact information and the text of notification emails.
  25. By providing us with the Content, you agree that we will be entitled to use or distribute such Content in connection with the delivery of the Services. To the extent necessary, you expressly grant to us a royalty-free, perpetual, irrevocable licence to use or distribute the Content in connection with the delivery of the Services to you. We reserve the right to remove any Content at any time for any reason.
  26. You agree that you are entitled to use the Content that you provide to us in the manner in which the Content is used or distributed in connection with the delivery of the Services. Without limiting the generality of the foregoing, you agree that your use of the Content is not in breach of any intellectual property, confidentiality or privacy rights.
  27. You are responsible for the Content that you provide to us. Without limiting the generality of the foregoing or your indemnity obligations under these Terms of Use:
    1. You will be solely liable for any claims or proceedings arising from or in connection with the Content, including but not limited to, claims or proceedings for defamation and breach of intellectual property, confidentiality or privacy rights.
    2. You agree to fully indemnify us for any loss, liability, damages and/or costs that we may incur as a result of any claims or proceedings arising from or in connection with the Content, including but not limited to, claims or proceedings for defamation and breach of intellectual property, confidentiality or privacy rights.
  28. You agree that you will not create, circulate or otherwise disseminate any Content that is obscene, hateful, abusive, discriminatory, defamatory, misleading or, in openskej’s discretion, is otherwise objectionable. Without limiting the generality of the foregoing, you agree that you will not create, circulate or otherwise disseminate any Content which:
    1. promotes discrimination, racism, hatred or physical harm of any kind against any group or individual;
    2. does anything or promotes any conduct that is abusive, harassing, threatening or defamatory;
    3. is illegal or promotes any illegal activity in any way, including but not limited to infringing or promoting the infringement of intellectual property, confidentiality or privacy rights;
    4. involves the transmission of spam; and
    5. is false or misleading or promotes the creation, circulation or dissemination of information that is false or misleading.
    Harmful material
  29. You agree that you will not upload or transmit, or attempt to upload or transmit, files that contain viruses, corrupted files or data or any other technological material or program that may harm, infect or seek to obtain unauthorized access to the Website, the Services, a User’s website, or a User, Customer or Visitor’s computer in any way.
  30. We will not be liable for any loss or damage caused by viruses, corrupted files or data or other technological material or program that may harm or infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website and/or the Services or to your downloading of any material posted on it, or on any website linked to it.
  31. Maintenance
  32. We will use reasonable efforts to make the Website and the Services available 24 hours per day, 7 days per week, except for planned maintenance periods. We reserve the right to perform maintenance on the Website and the Services as needed. We will use reasonable efforts to limit any unavailability of the Website and the Services for maintenance to non-business hours and to provide Users with at least 24 hours written notice of any such planned unavailability.
  33. Intellectual property
  34. The Website is protected by copyright. We reserve all rights in relation to our intellectual property rights, whether owned or licensed to us and all rights are reserved to any of trademarks or logos which appear on the Website.
  35. The Website, or any part thereof, or any other intellectual property owned by openskej may not be copied, sold or otherwise exploited for any commercial purpose without our express written consent.
  36. Termination
  37. The Services may be terminated by:
    1. cancelling any trial period or subscription to the Services; and/or
    2. deactivating or deleting your openskej account.
  38. We may terminate the Services at any time for any reason, without prior notice to you. We will notify you in writing of any such termination, including the effective date of the termination.
  39. You may terminate the Services at any time for any reason, without prior notice to us. You may do so through your openskej account or by sending us a notice in writing. The termination will be effective on the date on which the termination notice is received by us. We will notify you in writing of the termination date.
  40. If you have paid for an advance subscription and the Services are terminated by you or by us, we will refund a pro-rata proportion of the advance subscription paid. We reserve the right to deduct an administration charge equal to 1 month’s subscription rate to cover our reasonable administration costs.
  41. Limitation of liability
  42. We will not be liable for any business, financial, or economic loss or damages, including any indirect, incidental or consequential damages (including, for clarity, loss of reputation or goodwill, loss of profit or loss of opportunity), arising from your use of the Website and/or the Services, however such loss is incurred or suffered. We will not be liable if Content you have provided to us is misused, lost, corrupted or damaged.
  43. We will not be liable to Visitors or Customers for any losses or damages of any kind. For Users, our liability for any claims or proceedings of any kind will be limited to the amount actually paid by and/or due from you in the 12-month period immediately preceding the event giving rise to your claim.
  44. International use
  45. You agree that you will comply with all laws and regulations which apply to your use of the Website, wherever you are located.
  46. Links to third party sites
  47. The Website may contain links to other sites that are not under our control. We do not endorse, and are not responsible for, the content, products or services available from such websites.
  48. Notices
  49. You agree that any contact information that you provide to us will be accurate, complete and up to date.
  50. You agree to receive communications from us by email and you agree that any notices, disclosures and other communications, including any notices required to be delivered in writing under these Terms of Use or the Privacy Policy may be sent by email to the most recent email address that you have provided to us.
  51. You agree that you will provide any notices, disclosures and other communications, including any notices required to be delivered in writing, to us by email at hello@openskej.com.
  52. Unless otherwise set out in these Terms of Use, any notices sent by email in accordance with paragraphs 38 and 39 will be deemed to be effective on the date on which they were sent.
  53. In the event that you believe that a User account is being used in an inappropriate manner or in violation of these Terms of Use, or that any Content being used or distributed in connection with the delivery of the Services is defamatory or violates any intellectual property, confidentiality or privacy rights, you agree to notify us in writing immediately. Your notice should include sufficient information and details to identify the User account and the alleged inappropriate conduct or violation. We will make reasonable efforts to investigate and to remove any inappropriate or infringing Content as soon as reasonably possible.
  54. Entire agreement
  55. You agree that these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and openskej. In using the Website and/or the Services, you have not relied on any other representations (whether oral or written) in connection with the Website and/or the Services.
  56. Amendments
  57. These Terms of Use are current as of November 1, 2014. We may amend these Terms of Use from time to time. We will post new or revised terms of use on the Website and identify their effective date. In continuing to use the Website and/or the Services, you confirm that you accept the then current terms of use at the time you use the Website and/or the Services.
  58. In the event that you do not accept an amendment to any of these Terms of Use, you must not use the Website and/or the Services, and in the case of Users, you must terminate the Services pursuant to these Terms of Use within 30 days of such amendment. If you continue to use the Website and/or the Services without notifying us of your cancellation within 30 days of an amendment, you will be deemed to have accepted the amended terms of use, and those amended terms of use will apply to your continued use of the Website and/or the Services.
  59. Non-waiver and severability
  60. Any failure on our part to exercise or enforce any right or term in these Terms of Use will not be deemed to be a waiver of such right or term.
  61. If and to the extent that any term in these Terms of Use is found to be inapplicable, invalid or unenforceable, such term shall be severed from these Terms of Use and shall not affect the applicability, validity or enforceability of the other terms contained herein.
  62. Indemnity
  63. You agree to fully indemnify us for any loss, liability, damages and/or costs that we may incur as a result of any claims or proceedings made by any third party due to or arising from or in connection with your use of the Website and/or the Services in violation of these Terms of Use or in violation of any law or the rights of a third party.
  64. Governing law and jurisdiction
  65. These Terms of Use are governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable in Ontario.
  66. Any disputes, claims or proceedings arising from, relating to or in connection with these Terms of Use will be adjudicated by the courts of the Province of Ontario. You attorn and consent to the exclusive jurisdiction of the courts of the Province of Ontario.