Introduction

 These terms and conditions (“Terms and Conditions”) set out the terms and conditions on which we supply our services and the ‘Play Centre Booking’ Software to you, the Event Provider (as hereinafter defined). 

References to the “Company” are to us, Escalating Limited (company number 11711165), whose registered office address is at 3rd Floor, 86-90 Paul Street, London, EC2A 4NE.
 

Definitions

Escalating services or Play Centre Bookings system — is a system provided by Escalating Ltd that allows system users to get various business functionalities that help them to run their business. The booking system can run in Network of sites under various domain names, such as: playcentrebookings.co.uk, playcentrebookings.online, escalating.co.uk, escalating.xyz and other names that offer the same services.

Service provider or user — Company or person that provides services, rents tools, equipment, space etc. and uses the Escalating Booking system to accept and treat bookings online, send promotions, sell products and do other related things that helps them run their service business.

Clients or service buyer’s — Clients can be any type of person that books an appointment or buys a product online with a service provider that has a user account with the Escalating Booking system. This can for example be a patient, student, or client.

User account — When a person or company signs up with the Escalating Booking system, they get a user account with the Escalating Booking system. This account can be used to register service providers, services, products for sale, make promotions and do other business related things.

If you use the Escalating Booking system or related sites, you agree to that you will not:

  • — violate any laws, third party rights or our policies;
  • — use our sites and tools if you are not able to form legally binding contracts, are under the age of 18;
  • — fail to deliver services ordered from you, unless the buyer gets a refund or can get similar or same service at a different time and date agreed by both parties;
  • — interfere with other users’ listings;
  • — post false, inaccurate, misleading, defamatory, libelous content (including personal information) or use the service and site for link building purposes;
  • — take any action that may undermine feedback and/or ratings systems;
  • — distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  • — distribute viruses or any other technologies that may harm any visitors of the site;
  • — harvest or otherwise collect information about users, including email addresses, credit cards without their consent.
Acceptable use policy and abuse

Escalating Booking is a solution for service performers, and others that need to accept bookings for appointments, sell related services and products and make promotions to get more bookings. As such the Escalating Booking service is ONLY intended for such usage and other unrelated usage is forbidden.

Escalating Booking system should NOT be used for:

  • — Sending spam
  • — Unsolicited email or SMS
  • — Importing client list that users do NOT own and/or have NOT been gathered legally

The Escalating Booking websites should NOT be used:

  • — to create back links to other pages;
  • — as advertisement for stuff unrelated to services provided by the user;
  • — to collect fees from users without the intention of providing the service.

Service providers should treat all client data with respect and appropriate privacy.

Users of the Escalating Booking system can use intake forms to get additional information from clients. You MUST NOT use the intake form to accept delicate personal or financial information. This information is not stored encrypted on servers like on rest encrypted SOAP data and should it happen that there is a break in into Escalating Booking servers, this information could be exposed. To accept payments via the booking site you must use one of the payment providers we’ve directed you to.

Users that enable the Healthcare custom feature and other users that collect and keep medical related about clients/patients should beware not to include any personal health related information (PHI) in email and text messages. Escalating Booking removes service and client name automatically if the medical custom feature is enabled. User is however able to manually add other fields and information into the messages that can be considered as PHI, but this is generally not allowed in most countries around the world as text messages and emails are not secure communication. Refrain from including any PHI, in any communication from the Escalating Booking system.

Please report to us problems, policy violations and offensive content. Escalating Booking wants to ensure that images and information used does not infringe the copyright, trademark, or other intellectual property rights of third parties. Please notify our support with the name of associated page if you are the owner of copyright material used on our sites. We will take necessary action if necessary.

We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for more than 8 weeks with no login from account owner and do not have a valid paid subscription. Free account users need to renew their free subscription every month to keep the account active and avoid deletion. We reserve rights to modify or discontinue user accounts, that are affecting our system with unusual load, or usage that does not comply with our usage policy.

We reserve the rights to limit, suspend, or terminate our service and user accounts, prohibit access to any content, sites, services, or tools. We also reserve rights to remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the spirit of our policies.

We reserve the rights in the case of high volume of bookings to suspend the relevant system momentarily to try to equalise the server load. This can result in some of your users getting a message to try to book again in a few minutes. High load can for example be considered 50 people trying to process a booking with a user account in less than 30 seconds or sending more than 5.000 API requests per day with number of parallel requests to be limited by maximum 2 at same time and not exceed 5 requests per second on common servers. Also, to prevent too high load on servers from individual accounts all subscriptions levels have a maximum number users and providers as per pricing table. Enterprise level allows for higher limits. Common enterprise server has 25.000 per day API requests limit; while dedicated servers allow unlimited requests limited by server specifications.

We take no responsibility on the functioning of our booking widgets when inserted on external sites or in other external solutions. We cannot control if it will work or if it will stop working even if it was working before.

Children and minors under 18 years old are NOT allowed to create system accounts with us. If we find out that such accounts have been created they will be deleted. If parents find out that their children have created accounts with us, please send us relevant information with proof about the account creator so it can be deleted.

Client purchase protection

Escalating Booking does not offer any purchase guarantees concerning client’s payments for appointment bookings or service purchases or other product purchases from service providers. Escalating Booking offers service providers a way to sell their services, and buyers, clients, patients a method to book these services. Service providers can use our tools to offer their clients to pay for services online. Buyers and service providers share the responsibility for making sure purchases and service orders facilitated by Escalating Booking are in good spirit, rewarding and hassle-free.

We encourage buyers to work with sellers before opening a complaint with Escalating Booking. We take no responsibility for wrongful service orders, services provided by service providers or services not provided by service providers even if they are purchased and paid for.

It is strongly recommended that buyers inform themselves about the service provider before booking with them and before paying online and for the service providers to make sure buyers are for real.

Fees

Escalating Booking offers a free limited version of the system. If a service provider upgrades the service from the limited version provided by Escalating Booking, relevant costs will apply. You can find the pricing table on our main site and further details inside the admin interface of the Escalating Booking system. You will be informed of fees before upgrading services to paid services. Commercial companies that register more than one system in Free version must pay fees according to basic package or higher per each registered system.

All purchases made in the system are final, and are not refunded.

We reserve the right to display our Escalating Booking directory advertisement banner on booking sites of Free system accounts.

IMPORTANT: When free system is upgraded to paid system, it is no longer possible to downgrade it back to free system. Users can still upgrade or downgrade between paid subscriptions.

Content and Data

When you upload and register content into the Escalating Booking system, including information about you and your staff, and service providers working at your company or for you, you confirm that you have full rights and permission to publish this information for anyone, anywhere in the world to see. Additionally you grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to publish this content on your booking website with Escalating Booking, on the whole Escalating Booking system (Network of Escalating Booking sites) and on other partner sites such as but not limited to; our directories, other directories and Facebook sites and pages where clients can make bookings with you. Inside the Escalating Booking system, you can select to only publish your information on Escalating Booking booking websites and widgets by turning off the directory publishing.

Distribution of this content on directories, partner sites and FaceBook sites and pages is for increased visibility so clients can book directly with you from these places.

We have no interest in owning your material and this chapter is not intended to give us any such rights but only to make sure we have the rights to make your material appear on our sites, your booking sites with us, and in related directories that allow clients to make bookings with you and use our services. If you cancel your system with us, your material will be deleted from all our databases. Search engines, external sites and WayBack engines, may however still show your material for unknown time after you stop using our services, and how long they display it is not in our hands.

Account, Password and Security

Once you have created your user account, you should change your password in the admin interface of Escalating Booking system in Manage // Users section. You are responsible for maintaining the confidentiality of the password and access to your account. You are fully responsible for all activities that occur under your password or account and for compliance with regulatory, legal, and statutory requirements relevant for your industry. For added security, Escalating Booking offers users to enable double authentication, and HIPAA custom feature (often used for medical related information) that further improves security.

Escalating Booking cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.

Limitation of Liability

Escalating Booking is not responsible for yours or other users’ content, actions, or inactions. You acknowledge that our sites are venues to allow anyone to offer their services and for others to make reservations. We are not involved in the actual transaction between buyers and sellers (service providers). While we may help facilitate the resolution of disputes we have no control over and do not guarantee the quality, safety, or legality of advertised services, the truth or accuracy of user’s content or listings, the ability of sellers to provide services, the ability of buyers to pay for services.

We cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools.

Escalating Booking may offer you to work with external partners that offer services that can enhance or help you with your business. If you choose to work with Escalating Booking partners, please be informed of their own terms and conditions and privacy policies. Escalating Booking takes no responsibility of any incidents that may happen in their systems that may lead to data leak or content distribution. Escalating Booking is also not responsible if they stop providing their services, or if their service goes down or has any security breach.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) 100GBP.

Service provider’s Terms & Conditions and Privacy policy

You understand that as a service provider with a user account at the Escalating Booking system you are required to supply your own terms and conditions and privacy policy for your own clients. In Custom features section, you will find the Terms & Conditions feature where you should insert both your terms for usage of your service, as well as your Privacy policy for the personal data of your clients. You should also consider publishing your cancellation policy.

Things you should consider including are for example:

For Terms & Conditions

  • — Who is allowed to book your service, is there age limit
  • — How you expect payment to be performed
  • — What happens if client does not show up, is there refund or not
  • — What client can expect from your service
  • — What client can not expect from your service
  • — Where are you based
  • — Is client expected to show up earlier than planned service time
  • — What is your policy concerning product sales, returns, exchanges etc.
  • — If minors book services or buy products, how do you handle these cases

For Privacy Policy

  • — How do you handle client’s / patients data
  • — How long do you store the data
  • — Why do you store it
  • — Do you allow anyone else to access it
  • — What kind of access are others allowed to client’s data
    • • For ads
    • • For some analysing
    • • Etc.
  • — Inform them, they can request deletion, update and access to all personal data you keep about them
  • — How will you be treating deletion and update requests
  • — What are you doing to protect their data (use double authentication, auto deletion of data after predefined time, auto screen lock etc.)
  • — What kind of communication can the client expect to come to him because he is registered with you. Will you use promotion system or only general notifications concerning appointment, will he be asked for feedback concerning your services. You can make changes on feedback and notification deliveries up as needed inside the Escalating Booking system
  • — What systems are you using to store their data, here you should for example mention Escalating Booking system, with link to our Privacy policy
  • — Who are the personal data protection authorities to contact in your country, if the client has concerns about his data
  • — How and how quickly will you inform users in case there is break in into your system

IMPORTANT. There may be other things that are necessary to include in your Terms & Condition and Privacy policy. Please get a proper legal opinion what is the right thing for you to include. The above bullet points are just suggestions and can not be considered legal advice.

Calls and SMS communication

By providing your work phone number to us or our Network of sites, you provide us with your consent and authorisation to contact you including through SMS messages (text messages), calls (also using pre-recorded messages or artificial voice) to provide you with information and offer you assistance regarding the service you have registered for on our site or network of sites.

Calls and/or SMS messages (including text messages) will only be placed or sent (as applicable) by us between 8 a.m. and 8 p.m. in your time zone.

You understand standard Call, Text Message Rates may apply depending on your mobile carrier. Charges for calls and/or SMS messages (text messages) can appear on your mobile phone bill or be deducted from your prepaid balance. You agree not to hold Escalating Booking liable for any calls or fees generated by this service. You approve any such charges from your mobile carrier.

Please also note that for quality control and/or other purposes, we may listen to and/or record calls between you and our representatives with or without notice to you as permitted by applicable law.

Consent to these Call and SMS Terms is not a condition of purchase of our subscription or usage of our system free version. You can send us an email to no-calls@escalating.co.uk and you will be taken off our call list within 24 hours. You can also phone the calling number or inform the caller that you do not want to receive any more calls. Remark that your phone number may still appear on your booking site that we supply you with to accept appointments, in your booking widget that you can place on your website or in directories, Google search results, or similar channels making it possible for others to see and call this number.

Support access

In case service providers contact Escalating Booking support or buy set-up assistance package, they grant access for support agents to their admin interface in their Escalating Booking system. If service providers want to restrict access to admin interface for our support department, they can enable Double authentication. If users want to give Escalating Booking support access to provide help when Google Authenticator feature is used (2-factor authentication is enabled), they need to especially get and give the relevant support person key for temporary access.

Access and Interference

Information on the sites is updated on a real-time basis and is proprietary and/or is licensed to Escalating Booking by our users or third parties.

You agree that you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; interfere or attempt to interfere with the proper working of the sites, services, or tools, or any activities conducted on or with the sites, services, or tools.

No relationship

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

Privacy Policy

For a separate description of our privacy policy, see the Escalating Booking Privacy Policy.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

If you as a service provider have a dispute with one or more clients, or if you as a client have dispute with one or more service providers you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Changes

This policy may be changed from time to time. Changes take effect when we post them on the Playcentrebookings.co.uk site. There will be notification about changes in the Escalating Booking notification system in the top menu of the Escalating Booking system. When using the Escalating Booking sites or services you are subject to any posted policies or rules applicable to services you use through the sites.

If you agree to these terms and conditions, the agreement applies between you, the business you sign up and Escalating Ltd.

You may contact us:

E-Mail: hello@escalating.co.uk

Address: 3rd Floor, 86 – 90 Paul Street, London, EC2A 4NE

Phone: 0203 929 3701