WhenIsGood : Terms

whenisgood.net - Terms of Use

These Terms and Conditions govern your use of this website, www.WhenIsGood.net (the "Site"), your use of the scheduling service offered through the Site ("Service") and your relationship with WhenIsGood.net ("we", "us"). Please read these terms carefully as they affect your rights and liabilities under the law.

If you do not agree to these Terms and Conditions, please do not use the Service or the Site, or otherwise register with us as a member.

Please also see our Privacy and Data Protection Policy for information about how we collect and use your personal data.

Introduction
1. This Site provides access to an online availability, scheduling and booking platform for appointments, meeting and other events which is available to the public for personal and enterprise use and provides either anonymous or registered users a way to create events and share their availability with a group of people to find a time they can all meet.
2. These terms will apply to subscribers, registered members and to those who simply view the Site ("you").
3. By using the Site and the Service, you agree to be bound by these Terms and Conditions in full.
4. You are responsible for ensuring that all persons who access the Site or the Service through your internet connection are aware of these Terms and Conditions, and that they comply with them.
5. If you are accepting these Terms and Conditions on behalf of an enterprise, organisation or business then you agree and accept that these Terms and Conditions will be binding on all personnel who use the Service or the Site on behalf of that enterprise, organisation or business.
6. Please note that these Terms and Conditions may be amended from time to time. Notification of any changes will be made by us posting new terms onto the Site. In continuing to use the Service you confirm that you accept the then current terms and conditions in full at the time you use the Service. If you do not accept terms and conditions which we have varied then you must cancel your registration or subscription within 30 days of such change being made and the previous terms will continue to apply pending termination. If you continue to use the Service without notifying us of your objections within 30 days you will be deemed to have accepted the varied Terms and Conditions.
Registration
1. You can view the Site without registration and you can respond to events and make comments with our subscribed members without registration.
2. You can create an event with your free times and circulate it to those who you wish to invite to the event ("attendees") without registering with the Service. You also have the option of creating an account. If you create an account you be able to benefit from certain enhanced services.
3. If you register as a member we will ask for some of your personal information. Any personal information you provide us with will be handled in accordance with our Privacy and Data Protection Policy which can be seen [here (insert hyperlink to Privacy Policy)].
4. If you register as a member you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting team@whenisgood.net immediately.
5. Alternatively you may be able to gain authorised access to your account by first logging into another service that we partner with, such as Google. In order to prevent fraud, you must keep all passwords and other access details for these third party services confidential and must not disclose them or share them with anyone. If you suspect anyone has access to any of your third party services that we link to, you should notify us by contacting team@whenisgood.net immediately.
6. If we have reason to believe that there is likely to be a breach of security or misuse of the Service or the Site through your account or the use of your password or unauthorised access to one of your third party services that we link to, we may require you to change your passwords on our system and with your other suppliers, or we may suspend your account. Until you have changed all your passwords or we have reactivated your account you will not be able to access the Service.
7. You agree that all information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you.
8. We do allow for more than one membership (for instance if you have more than one business) but you are not entitled to impersonate anybody else or otherwise provide misleading information in operating an account.
9. We reserve the right the cancel your membership at any time and for any reason.
Subscription
1. Certain functionality or facilities may only be available to registered members who have agreed to subscribe to the Site and Service ("Subscribers").
2. When you agree to subscribe you will choose a subscription type and a subscription period. We offer different types of subscription with different levels of service and functionality available for each subscription type. We may also offer different subscription periods and we may allow you to subscribe monthly, annually or on some other periodic basis.
3. We currently offer a free and premium subscription service on an annual basis. Please note that we reserve the right to add or remove services and functionality from any subscription type or to add or remove subscription types. We also reserve the right to change our subscription periods. When we change our subscription types or subscription periods you will be entitled to keep your existing subscription until the end of your then-current subscription period and at the end of that period you will be required to subscribe on the new basis.
4. We may (at our sole discretion and for such time period as we may determine) allow you to maintain a previous subscription type after a change has been implemented (referred to as a "grandfather right"). This grandfather right will only apply until such time as you cancel your account or allow your account to lapse and you may not recover the grandfather right after such cancellation or lapse. If we have allowed you to benefit from a grandfather right then we may at any time notify you that the grandfather right will terminate on a given date. However we agree that such termination of a grandfather right will be effective from the end of a subscription period.
5. We may offer a free trial period during which we allow you, for a limited period, to access functionality which is usually only available to subscribers. Once a trial period ends if you do not take out a subscription we reserve the right to withdraw your access to the Service. We may, at our sole discretion, extend any trial period.
Account Restrictions
1. You may not use your WhenIsGood.net account or subscription to licence, distribute, resell or package our services to any third party whether directly or indirectly and you may not use WhenIsGood.net in any way to facilitate or provide any similar service to any third party.
2. Each WhenIsGood.net subscription may be used to create events and process responses for just one individual, organisation or trading entity. While you may process bookings for different teams or departments within your organisation, you may not use the Service to process any bookings for anyone outside of your organisation. We define an "organisation" to be a single legal entity in a single territory (for instance a limited company or limited liability corporation, partnership or association, but an overseas branch of that entity would be a separate organisation).
3. You may not in any circumstances use a single WhenIsGood.net subscription or account to create events and process responses for more than one organisation or person.
4. If you provide a service to third party businesses or organisations (referred to as your "Clients") and, as part of the services you offer you wish to set up or facilitate the provision of our Service on your Clientâs behalf (e.g. you configure our Service as part of a bundle of other services) then you are only entitled to do so as the duly authorised agent for that Client. You must set up a separate WhenIsGood.net account for each of your Clients and you may not aggregate or combine more than one Client in any account. You also agree that, by accepting these Terms and Conditions you have the authority to bind your Clients to these Terms and Conditions.
5. Where you are administering a WhenIsGood.net account on behalf of your Clients as their duly authorised agent we may (at our sole discretion) provide additional tools to aggregate or link the different accounts together (e.g. an administration console). Please note that these arrangements will be purely to assist you in your role as duly authorised agent for your Client.
6. The restrictions in this clause 4 and otherwise in these Terms and Conditions apply to all subscription levels, including existing enterprise accounts.
7. Please note that certain subscription levels may allow for a limited number of separate accounts to be linked to one master administrator subscription holder and for all of the accounts under that subscription to benefit from certain premium features. The applicable email addresses in respect of all accounts which we agree to link to a single subscription in this way must be part of the same internet domain (i.e. identified by email addresses that end with same text after the @ symbol).
8. Please note that if you subscribe to any subscription type which allows for accounts to be linked then you, as the subscription holder, will be responsible and liable for all activity in respect of each of those accounts and you agree to ensure that any personnel accessing or using those accounts will comply with these Terms and Conditions.
Scheduling and Creating an Event
1. The Service operates by creating an online grid of days and times and in order for you to create an event you need to fill out your free times in a generic calendar grid and send the link through to the proposed attendees using your own email.
2. Each attendee can fill out their own free times and add their name and comments.
3. If you are not logged in, you need to enter a âresults codeâ which is provided by the system, to access the results of the event. If you have created an account, you can opt to receive an email notification when you receive responses. In either case you can then review a page which collates everyoneâs responses with the free times which every attendee can make highlighted.
4. Please note our system sends emails to you using a third party provider in order to maintain a high reputation with ISPs for transactional email management. However, we cannot guarantee that emails will not occasional be blocked by spam filters, bounced or in some other way not be delivered.
5. Enhanced services we may offer include the ability to allow potential attendees to fine tune their availability into preferred and less preferred times, to remove advertising on the Site and to allow for CSV download of responses.
6. Please note that each event is controlled by the event creator and the attendees. Once an event has been created the results page is updated each time a response is received. Event creators can edit the original event or change or delete responses.
7. We are not responsible or liable for either the accuracy of the information provided by event creators or by attendees or for any failure to monitor or actively manage the event and responses.
Acceptable Use Policy
1. The Service and Site are provided for legitimate and ethical business, charitable, professional and social purposes. You must not use the Service or the Site for any illegal, unethical or immoral purposes. We reserve the right to remove any account at our discretion at any time, without giving reasons if we suspect that an account is being operated in breach of our acceptable use policy which is set out in clauses 6, 7 and 8.
2. We grant you a limited licence to access and make personal use of the Site and the Service, but not to download (other than page caching) or modify the Site or any software which we use to operate the Service, or any portion of it, except with our express written consent.
3. You agree that you will not:
  1. solicit log-in information or access an account belonging to someone else.
  2. bully, intimidate, or harass any user of the Site or the Service.
  3. do anything unlawful, misleading, malicious, or discriminatory using the Service or the Site.
  4. do anything to suggest, express or imply that statements made by you are endorsed by us.
  5. impersonate any other person whether or not that other person is a user of the Site or the Service.
Content
1. The Service allows for event creators and attendees to create content to be distributed by the Service, for instance event creators can create the name of the event, a unique whenisgood.net URL and instructions which they edit into the event. Attendees and creators can also add their own comments. Any content which is distributed by the Service or which you integrate with the Service (for instance by placing a WhenIsGood.net hyperlink within your own content), which we refer to as "Content" in these terms must comply with our content standards, which are set out below:
2. You agree that any Content which will be integrated with the Service or distributed by the Service will be your own creation or will be Content which you are entitled to use and will not be used in breach of any intellectual property rights;
3. Any Content will be your personal responsibility. You will be personally liable for all claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your Content.
4. You agree to indemnify us in relation to any liability we may suffer as a result of any claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your Content.
5. You agree that you will not publish any offensive, inaccurate, misleading, defamatory, fraudulent or illegal Content.
6. In particular you agree not to use the Site or the Service to distribute any Content which:
  1. romotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses any person or advocates harassment of any person;
  3. displays or promotes pornographic or sexually explicit material of any kind;
  4. does anything or promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
  5. is illegal, infringes intellectual property rights, defames any person, breaches confidentiality or promotes any illegal activities;
  6. promotes illegal or unauthorized copying of another person's copyright work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files;
  7. provides instruction information about illegal activities, such as making or buying illegal weapons, violating someone else's privacy or providing or creating computer viruses;
  8. solicits passwords or personally identifying information from other users for commercial or unlawful purposes;
  9. involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or "spamming";
  10. promotes information that you know to be false or misleading;
  11. contains personal information e.g. names or contact details; or
  12. engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising and pyramid schemes.
7. By creating or integrating your Content with the Service you agree that we will be entitled to use such Content for the purposes of delivering the Service. We reserve the right to remove any Content at any time and for any reason.
Viruses, hacking and other offences
1. You agree not to upload any files or post, distribute publish any files on the Site or using the Service that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another's computer.
2. You must not misuse our Site or the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site or the Service, the server on which our site is stored or any server, computer or database connected to the Site or Service. You must not attack our Site or the Service via a denial-of-service attack or a distributed denial-of service attack.
3. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your membership and right to use our Site will cease immediately.
4. We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or the Service or to your downloading of any material posted on it, or on any website linked to it.
Availability
1. Although we aim to offer you the best service possible, we make no promise that our Service will meet your requirements. We cannot guarantee that the Service will be fault-free. If a fault occurs with the Site or the Service you should report it to team@whenisgood.net and we will attempt to correct the fault as soon as we reasonably can.
2. Your access to the Service may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services or because we are unable to offer the Service for reasons beyond our control (such as a denial of service attack). In this event we will attempt to restore the service as soon as we reasonably can. Access to the Site may be restricted whether or not you have registered with us. Any such restrictions or interruptions shall not constitute a breach by us of these terms.
Our Liability
1. We will operate the Site and the Service with the reasonable skill and care of an online service provider. The services provided do not extend to detailed monitoring or supervision of Content, membership of the Site or verification of your availability or booking data.
2. Our liability is limited to the fullest extent permitted by law.
3. We will not be liable for unavailability of the Service or the Site in accordance with clause 9.
4. The Service may allow its members to distribute Content and use the Service without detailed oversight or monitoring. While we put systems in place to allow for users and other third parties to report harassment, improper use of the Service and distribution of offensive, inaccurate, misleading, defamatory, fraudulent or illegal Content, we do not make any warranties or guarantees in relation to use of the Service and the Site. If we are legitimately informed of any abuse or infringement of these terms in accordance with clause 14 we will attempt to resolve the matter and we may delete the relevant account and/ or removing inappropriate content as soon as we can.
5. We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the Site whether such loss is incurred or suffered as a result of our negligence or otherwise. We will not be liable if Content you have posted and stored on the Site is lost, corrupted or damaged.
6. We will not be liable to free users of the Service or to users who are attendees who use the Service to make a booking and our liability to subscribers will be limited to a maximum of one yearâs subscription charges.
7. Nothing in these terms will limit our liability for fraud or for death or personal injury caused as a result of our negligence.
8. In the event that you have a dispute with any other user of our Service arising from their use of the Service, you agree to pursue such claim or action independently of us, and you release us from all claims, liability and damages arising from any such dispute.
Cancellation and Termination
1. If you wish to cancel your subscription or membership you should email us at team@whenisgood.net . On receipt of an email by you to us cancelling your membership then we will delete your account.
2. We reserve the right to terminate your membership immediately without notice if in our opinion you have breached these terms. In the event of termination, we will delete your account and you will no longer have access to the Service.
3. If you have paid for an advance subscription and your account is terminated by you or us we will refund a pro-rata proportion of the advance subscription paid However we may deduct an administration charge of $20 or one monthsâ subscription charge (whichever is the higher) in respect of our administration costs.
Data Protection Policy
1. We request that all personal information that you provide is accurate, current and complete.
2. All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
3. Any personal information that you provide to us in using the Site or as a member will be handled in accordance with our Privacy and Data Protection Policy which can be seen here.
4. To the extent you are an attendee and are responding to an event invitation that has been sent to you, you acknowledge that the user or account holder to our booking platform who circulated the event details to you is the Controller and we are Processor of the personal data relating to you, the attendee. We cannot control and we are not responsible for the use made of that personal data by the relevant user or account holder. In these circumstances where we are acting as Processor, our standard Data Processing Agreement ("DPA") will govern the terms under which we collect and process the relevant personal data. You, the relevant user or account holder can request a signed copy of our DPA here. The DPA includes details of the scope, nature and purpose of the processing of data, the duration of the processing, the types of personal data processed, the data subjects involved and those contract terms which are required by Article 28 of the GDPR.
5. The DPA is incorporated into each contract between us and you, the relevant user or account holder, but if you would like a separate, signed DPA between you and us then please contact us at team@whenisgood.net.
Intellectual Property
1. By providing Content for distribution by the Service you expressly grant us a royalty-free, perpetual, irrevocable licence to use such Content in order to deliver the Service to you.
2. The format and content of this Site is protected by United Kingdom and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on this Site.
3. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site without our express written consent.
Notice and Take-Down
1. We will make all reasonable efforts to delete accounts which are being used in breach of our Terms and Conditions and to identify and remove Content that is defamatory or infringing on intellectual property rights when we are notified but we cannot be responsible if you have failed to provide the relevant information.
2. In the event that you believe that an account is being used in an inappropriate manner or that any Content which is distributed using the Service is defamatory or infringing on intellectual property rights you should notify us in writing either by email to team@whenisgood.net including the following:
  1. Your full name and contact details, including postal address, telephone number and e-mail address;
  2. The exact URL at which the defamatory or infringing Content appears;
  3. The Content that you believe is defamatory or infringing on intellectual property rights;
  4. The reasons that you believe the Content is defamatory or infringing on intellectual property rights;
  5. A statement confirming that you are authorised to act on behalf of the claimant or rights holders; and
  6. A signed declaration truth in respect of the information in the notice.
3. Any statement made under this clause 14 may be used in court proceedings.
International Use
1. You shall comply with all foreign and local laws and regulations which apply to your use of our Site in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
General
1. These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
2. If you breach these Terms and Conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
3. We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
4. We may make changes to the format of the Site, services provided or to the Siteâs content at any time without notice.