Terms of Service
The Services (as defined herein) and Terms of Use are provided by BookFirst.
ANY USERS WHO DO NOT AGREE WITH THESE TERMS OF USE SHOULD NOT USE THE SERVICES! THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
Part I – Definitions, Agreement to be Bound
1.1 Definitions
“Booking Services”: Refers to the appointment-scheduling services made available by us through the BookFirst Application.
“BookFirst Application”: Any mobile, web, or voice software application related to the Services designed, developed, and/or made available by us, including availability through the iTunes and Google Play stores and other third-party services such as Amazon Alexa and Google Home.
“BookFirst Site”: Refers to the website at http://www.bookfirst.shop and all affiliated websites owned and operated by BookFirst, our subsidiaries, and related companies.
“Commercial Content”: Content that advertises or promotes a commercial product or service.
“Customer”: Any person or entity who uses the BookFirst Application, BookFirst Site, or a Third-Party Platform to schedule an appointment, manage appointments, browse health, beauty, and wellness-related content and services, and/or pay for services rendered.
“Dispute”: Any claim, conflict, controversy, or disagreement between the Parties arising out of, or related in any way to, these Terms.
“Material Breach”: Any breach of these Terms upon the occurrence of which a reasonable person would wish to immediately terminate these Terms.
“Services”: Collectively, any and all services offered by us, including but not limited to the BookFirst Site, the BookFirst Application, Payment Services, and any other services or features made available by BookFirst.
“SMB”: A small or medium business using the Services to allow Customers to book, manage, view, and cancel appointments.
“Terms,” “Terms of Use,” and/or “Agreement”: These terms as set forth herein.
“Us,” “We,” “Our,” and/or “BookFirst”: Refers to BookFirst Inc, 19 Larch St, Worcester, MA 01609, and all its designated agents, employees, and subsidiaries.
“You,” “User”: The User of the Services, whether as an SMB or Customer.
1.2 Agreement to be Bound
The following Terms of Use, together with the relevant information set out on the Services, including any features and services available, are subject to these Terms of Use. Please read them carefully as any use of the Services constitutes an agreement to be bound by the User. By accessing or using the Services or clicking “accept” or “agree” to this Agreement, you represent that you meet the necessary requirements and agree to be bound by this Agreement. These Terms of Use are subject to the Privacy Policy, available at https://bookfirst.shop/privacy.
Part II – General Provisions
2.1 About Us; BookFirst Not a Vendor; No Endorsement
BookFirst acts as a software service to allow its Users to book, manage, view, and cancel appointments. We do not have control over the quality, safety, or legality of services offered by SMBs using our Services. We do not endorse or make any guarantees about any SMB or Customer.
2.2 Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on the Services is not accurate, complete, or current.
2.3 Errors in the Services
If you encounter any error in the Services, let us know at help@bookfirst.shop. We do not warrant that any errors in the Services will be corrected.
2.4 Modifications and Changes to Terms of Use
BookFirst may update or revise this Agreement at its sole discretion. You agree to review this Agreement periodically. If you do not agree to the terms of this Agreement or any modified version, your sole recourse is to terminate your use of the Services.
2.5 Modifications and Changes to the Services
We may modify, add to, suspend, or delete any aspect of the Services at our sole discretion at any time.
2.6 Access to Website or the Services
While we strive to make the Services available 24/7, we do not guarantee that the Services will always be available.
2.7 Right of Refusal, Limitation, Discontinuation, and Termination
We reserve the right to refuse to provide access to the Services for any reason at any time at our sole discretion.
2.8 Prohibited Uses of the Services
You agree not to use the Services for any unlawful purpose or in a manner that violates these Terms.
Part III – Customer Accounts
3.1 Online Accounts
Customers can register to create a Customer account (“Account”) to participate in features of the Services. You are responsible for maintaining the confidentiality of your Account and for all use of your Account.
3.2 Transfer Prohibited
You shall not sell, trade, or transfer your Account to any other person or entity.
3.3 Account Guidelines
By participating in interactive areas of the Services, you agree not to upload, distribute, or publish inappropriate content.
Part IV – Terms of Sale for Booking Services and Payment Services
4.1 Appointment Booking
BookFirst provides the Booking Services to assist Customers in discovering and booking appointments with SMBs and to assist SMBs in managing their calendars. BookFirst does not independently verify the availability of any SMB.
4.2 Payment Services
BookFirst may offer Payment Services allowing Customers to pay bills at participating SMBs through the BookFirst Application.
4.3 Appointment No-Show & Cancellation Policy
Customers should cancel appointments they cannot honor as soon in advance as possible via the BookFirst Application. SMBs may have specific cancellation policies disclosed at the time of booking.
Part V – Gift Card Service
SMBs may offer electronic vouchers (“Gift Cards”) to Customers. Gift Cards are subject to the terms set by the SMBs.
Part VI – SMB Terms of Use
6.1 Unauthorized Business & Content
BookFirst Application and BookFirst Site may not be used by an SMB to publish, distribute, offer, or sell any unauthorized business or content.
6.2 SMB Accounts
SMBs must create an account through the BookFirst Site or BookFirst Application (“SMB Account”). By opening an SMB Account, you agree to comply with the Terms of Use and provide Users with the services they booked.
6.3 Registration, Service Fees
Registration of an SMB Account may be subject to fees, which will be specified at the time of registration.
Part VII – Intellectual Property; Privacy
7.1 Intellectual Property Rights
All material on the Services, including text, images, and graphics, is owned by BookFirst and protected by intellectual property laws.
7.2 Feedback
You grant BookFirst the right to use any feedback you provide regarding the Services.
7.3 Grant of License by User
You grant BookFirst a non-exclusive license to use any content you submit to the Services.
Part VIII – Third-Party Advertisements, Promotions, Platforms, and Links
BookFirst may run advertisements and promotions from third parties. Your dealings with such third parties are solely between you and them.
Part IX: Disclaimers; Limitations Of Liability; Indemnification
9.1 Disclaimer Of Warranty; Limitation Of Liability
The Services are provided on an “as-is” basis without warranties of any kind. BookFirst shall not be liable for any damages resulting from the use of the Services.
9.2 Indemnification
You agree to indemnify and hold BookFirst harmless from any claims arising out of your use of the BookFirst Site and/or Application.
Part X – Governing Law; Arbitration Agreement
This Agreement is governed by the laws of the State of Massachusetts. Any disputes shall be settled through binding arbitration.
Part XI – Miscellaneous
11.1 Customer Service
For any questions, contact customer service at help@bookfirst.shop or by phone at +1 (206) 735-3553.
11.2 Severability
If any part of this Agreement is determined to be invalid or unenforceable, the remainder will continue in effect.
11.3 Notices
Notices shall be given by postal mail to BookFirst Inc, 19 Larch St, Worcester, MA 01609.