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Terms and Privacy

Eligibility

Welcome to Omnify, an online business management, scheduling and booking software service for Sports and Fitness Businesses & Professionals. These Terms of Use are intended to explain our obligations as a service provider and your obligations as a customer. Please read these Terms of Service (the “TOS”) carefully because it is an agreement between you and LinkMySport, Inc. (“Omnify”, which term will include affiliates & subsidiaries of LinkMySport, Inc.) and governs your use of the services provided by Omnify via the Site, the subdomains under the site and via and our mobile device application (“App”). The Site, our services and App are collectively called the “Omnify Services.”

Acceptance of Terms

By accessing and using the Omnify Services, you accept and agree to be bound by these TOS. If you do not agree to these TOS and our Privacy Policy, do not use the Omnify Services.

Changes to Terms or Services

We may modify the TOS at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified TOS on the Site or through other communications. It’s important that you review the TOS whenever we modify them because if you continue to use the Omnify Services after we have posted modified TOS on the Site, you are indicating to us that you agree to be bound by the modified TOS.

Omnify may change, add new features, or discontinue all or any part of the Omnify Services. This change may happen at any time and without notice. However, Omnify will make every effort to communicate these changes to you via email or other mode. It is your obligation to ensure that you have read, understood and agree to the most recent Terms available on the Website.

Registration and Account Information

You represent that you are (a) 18 years or older with the legal capacity to form a binding contract and be subject to these TOS under the laws of any applicable jurisdiction, and (b) not barred from using the Omnify Services under applicable law. If you want to use certain features of the Omnify Services you’ll have to create an account. You also agree that you will provide true, accurate, current and complete information for your account as prompted by the Omnify Service’s registration form, with updates, as applicable. If you provide any information that is untrue, inaccurate, not current or incomplete, Omnify has the right to suspend or terminate your account and refuse to provide you any further access to any of the Omnify Services. You are responsible for maintaining the confidentiality of the password and account name or ID your register under, and are fully responsible for all activities that occur under your account. Omnify is not liable for any failure on your part to comply with the foregoing. You agree to immediately notify Omnify of any unauthorized use of your password or account or any other breach of security.

Payment and Fees

Omnify products & services are available on the basis of periodic subscriptions as well as on a transaction model. The subscription will automatically start from the day of the payment and will be renewed at the end of each subscription period if agreed. Omnify will remind the businesses to renew their subscription either through email or phone or both.In the event of termination of the subscription, no further charges will be taken. Also, Omnify charges the Businesses a transactional fee for transaction sold via Omnify hosted sites or Mobile Apps as listed by the businesses on Omnify hosted websites. Omnify reserves the right to change the subscription and transaction fee and to charge for use of Services that are currently available free of charge. However any changes made will be notified to the business prior. Businesses will not be charged for using any service unless they have opted for a paid subscription plan. 

Credit card security: Credit card security is implemented using https (256-bit encryption) on all transactions. Credit card details are not stored within the Services. Your credit card details are stored within Stripe, a trusted and secure payment gateway used by Omnify for payment processing. Stripe has been audited by a PCI-certified auditor, and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available. Decryption keys are stored on separate machines. None of Stripe's internal servers and daemons are able to obtain plaintext card numbers. Stripe's infrastructure for storing, decrypting, and transmitting card numbers runs in separate hosting infrastructure, and doesn't share any credentials with Stripe's primary services (API, website, etc.).

Subscription fees: The Subscription Fee will be charged monthly or annual, if you are using a paid account depending on the plans you have chosen. An invoice for the Subscription Fee will be issued for the Subscription fee payment made to Omnify. If you enter your payment credentials during your free trial, any remaining days left on our trial will not be carried out and your billing cycle will commence immediately. The Subscription Fee will include the cost for you as the account administrator, in addition to all active staff Members added to your account and whether you have chosen to get the Omnify Mobile App for your business. Omnify will continue invoicing you until this Agreement is terminated. Payment will be deducted from your registered credit card on the invoice due date. Fees are billed in your country's currency (unless otherwise stated on the Pricing page of the Website) and are inclusive of taxes, levies or duties imposed by the tax authorities.

Preferential pricing or discounts: You may from time to time be offered preferential pricing or discounts for the Subscription Fees as a result of your use of the Service. Eligibility for such preferential pricing or discounts is conditional upon your acceptance of responsibility for payment of any Subscription Fees.

Trial Period: During the trial period, Omnify will not charge any subscription fee from you. However, Omnify will continue to charge the transactional fee (if payments are enabled). Once the trial period ends, you will have to enter your credit card details to make the subscription payment to enjoy the benefits of the paid plans. However, If you choose not to make the Subscription fee payment, you will be downgraded to the Free plan.

Upgrading or downgrading: When downgrading your account to the free version, which grants your Subscription Fee accumulated for the current month will need to be finalised before downgrading. You will also need to reduce your customers to the limit that the free version allows. When upgrading your account, your billing cycle will commence on the same day. Omnify will not provide any refund for any amounts paid. Downgrading your account may cause the loss of access, content, data or features of the Service. Omnify does not accept any liability for such loss.

Intellectual Property

Using Omnify products and services does not give you ownership of our intellectual property. Everything Omnify creates belongs to Omnify. If you misuse any of our property, we may suspend or terminate your contract and take legal action.

Confidentiality

Omnify's subscriber data is confidential information and not to be shared with anyone unless there is a legitimate reason to do so (i.e., they are a Omnify employee, a subpoena, etc.) You will to be responsible for and assume liability in relation to all of its employees, agents, consultants and contractors to whom Confidential Information is disclosed and ensure that they maintain the confidentiality of the Confidential Information and otherwise comply with the obligations set out in these Terms. These terms will remain valid even when you cease to be a customer of Omnify.

Privacy

Please read the Privacy Policy and you will be  to have accepted that policy when You accept these Terms.

Liability & Indemity

Omnify holds no liability and shall not be responsible for any damages or loss caused, or alleged to be caused, by the transmission of cardholder data prior to its encryption and receipt by our servers. Omnify is not at all hold any liability resulting directly or indirectly from your or End Users’ handling of Cardholder Data. We strongly recommend that you follow the requirements of the PCI DSS when handling Cardholder Data.In no event shall Omnify be liable for any claim asserted against you by any third party, even if Omnify has been advised of the possibility of such claim.

You agree that in no event shall Omnify be liable to you for any other damages or losses, including, without limitation, loss in profits, loss in revenues, or indirect, special, incidental, consequential, or punitive damages.

If You suffer loss or damage as a result of Omnify's negligence or failure to comply with these Terms, any claim by You against Omnify arising from Omnify's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.

Cancellation and Refund Policy

If for any reason our services do not meet your needs, you can cancel or downgrade Omnify's subscription anytime.

Cancellation and Refund In case the Purchased Services do not meet Your needs, you can cancel the subscription anytime. Your account will not be terminated, however will be downgraded to Free plan and will still remain active. You won’t be issued any refund incase you cancel your subscription before your subscription end date. Omnify's current subscription fees may be found at http://getomnify.com/plans-pricing.html. These fees are subject to change from time to time, at any time, without notice. In case, the fee increases, the amount paid won’t be affected, however on renewal, the new fee will be charged from you.

Help & Support

Technical problems: In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Omnify. If You still need technical help, please send an email to support@getomnify.com.  Omnify may need to access your account and Data at any time, without notice, to respond to service or technical issues.

Service availability: Whilst Omnify intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place. If for any reason Omnify has to interrupt the Services for longer periods than Omnify would normally expect, Omnify will use reasonable endeavours to publish in advance details of such activity on the Website. Omnify is not liable for Service delays or failure if such delay or failure is due to an event or circumstance beyond its control.

Governing law and jurisdiction

This Agreement is governed by the laws of State of Delaware. Each party irrevocably and unconditionally submits to the non exclusive jurisdiction of the courts of State of Delaware.

General Terms and Conditions

Disclaimer: You understand and agree that Omnify provides references to various personal services, including sports, health, wellness, and fitness services provided by third parties. Omnify does not evaluate, and is not responsible for, any services provided by any third party.

Survivability: The parties’ rights and obligations under the terms of Confidentiality, Limitation of Liability), Indemnity, and Governing Law and Dispute Resolution, shall survive any expiration or termination of this Agreement.

Assignment: These Terms are personal to the Parties. You must not assign, transfer or deal with the whole or any part of its rights and/or obligations under these Terms without the prior written consent of Omnify.

Notices: Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Omnify must be sent to support@getomnify.com or to any other email address notified by email to You by Omnify. Notices to You will be sent to the email address, which You provided when setting up Your access to the Service.

Severability and Construction: If any provision of the Contract shall be held by a court, arbitrator, or other tribunal of competent jurisdiction to be unenforceable, the other portions of the Contract shall remain in full force and effect. The Contract shall be interpreted without regard to any presumption or rule requiring construction against the party that caused the Contract to be drafted. Within these TOS, except where the context clearly otherwise requires, the singular shall include the plural and vice versa, and the words “include”, “includes” and “including” are deemed to be followed by the phrase “but not limited to”, “without limitation” or words of similar import.

Relationship: The PARTIES will be doing business at their own risk and for their own profit. Nothing in the Contract shall constitute a joint venture, partnership, or agency relationship between You and Omnify or authorize either party to make any representation on behalf of or in any way to bind the other party to any obligation of any kind, express or implied, to any third party, or to incur any liability on behalf of the other party.

Compliance with Laws: YOU shall, at YOUR expense, comply with all laws, ordinances, rules, regulations and other requirements, including HIPAA and laws relating to the privacy, transmission and use of personal or confidential information and data, of the government having jurisdiction pertaining to or in relation to any matter connected with or arising out of the Contract.

Force Majeure: Neither party shall be liable hereunder by reason of delay in performance caused by force majeure, that is, circumstances beyond the reasonable control of a party, including, without limitation, acts of God, fire, flood, war, terrorist attack, armed conflict, embargo, civil unrest, labor unrest, power outage, Internet virus, denial of service attacks, or shortage of or inability to obtain materials and equipment. If something out of our control happens (i.e., flood, terrorist attack, etc.), neither Omnify nor you will be held accountable for the damage caused. 

No Informal Waivers: The failure of either party to exercise any right or enforce any provision of the Contract, at any time or for any period of time, shall not be construed to be a waiver of that right or provision, or of the right of such party thereafter to enforce that right or provision.

No Third Party Beneficiary: The benefits and protections provided by the Contract shall inure solely to the benefit of the PARTIES. The Contract shall not be deemed to create any right in any Person or entity who is not a party to the Contract and shall not be construed in any respect to be a contract, in whole or in part, for the benefit of any third party unless specified in these TOS.

Entire Agreement: PARTIES agree that the Contract constitutes the entire agreement between SUBSCRIBER and Omnify relating to the Services and supersedes all previous representations, understandings, and agreements, whether oral or written, or whether established by custom, practice, policy, or precedent, between the parties with respect to the subject matter of the Contract. The Contract shall not be modified except by the PARTIES’ written agreement, or by a change to the Contract made as authorized in the Contract.

Questions: All questions and requests for customer service or technical support should be directed to the Omnify Customer Service Team at support@getomnify.com.

Welcome to Omnify (the “Site”). We understand that privacy online is important to users of our site, especially when conducting business. This statement governs our privacy policies with respect to those users of the site (“Visitors”) who visit without transacting business and visitors who register to transact business on the site and make use of the various services offered by Omniffy (collectively, “Services”) (“Authorized customers”).

What personal information is collected?

We may collect basic user profile information from all of our visitors. We collect the following additional information from our authorized customers: the names, addresses, phone numbers and email addresses of authorized customers, the nature and size of the business, and any information that authorized customer shares with us regarding sport or other.

What organizations are collecting the information?

Just us, No 3rd parties.

How does the site use personal information?

We use personal information to customize the site, to make appropriate service offerings. We may email visitors and authorized customers about research or new site features or offers or information related to the subject matter of the site. We may also use personal information to contact visitors and authorized customers in response to specific inquiries, or to provide requested information.

With whom the information may be shared?

Personal information will not be shared with 3rd parties.

How is personal information stored?

Personal information collected by Omnify is securely stored and is not accessible to third parties or employees of Omnify except for use as indicated above.

What choices are available to visitors regarding collection, use and distribution of the information?

Visitors and authorized customers may opt out of receiving unsolicited information from or being contacted by us and/or our vendors and affiliated agencies by responding to emails as instructed, or by contacting us at info@getomnify.com

Are cookies used on the site?

Cookies are used for a variety of reasons. We use cookies to obtain information about the preferences of our visitors and the services they select. We also use cookies for security purposes to protect our authorized customers.

How does Omnify use login information?

Omnify uses login information, including, but not limited to, ip addresses, isps, and browser types, to analyze trends, administer the site, track a user’s movement and use, and gather broad demographic information.

Disclosure of Personal Information to comply with law

We will disclose personal information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. We will also disclose personal information when reasonably necessary to protect the safety of our visitors and authorized customers.

How does the site keep personal information secure?

All of our employees are familiar with our security policy and practices. The personal information of our visitors and authorized customers is only accessible to a limited number of qualified employees who are given a password in order to gain access to the information. We audit our security systems and processes on a regular basis. Any sensitive information is protected by encryption protocols, in place to protect information sent over the internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to visitors or authorized customers for any such occurrences.

How can visitors correct any inaccuracies in personal information?

Visitors and authorized customers may contact us to update personal information about them or to correct any inaccuracies by emailing us at admin@getomnify.com

Can a visitor delete or deactivate personal information collected by the site? We provide Visitors

We provide visitors and authorized customers with a mechanism to delete/deactivate personal information from the site’s database by contacting info@getomnify.com. However, because of backups and records of deletions, it may be impossible to delete a visitor’s entry without retaining some residual information. An individual who requests to have personal information deactivated will have this information functionally deleted, and we will not sell, transfer, or use personal information relating to that individual in any way moving forward.

What happens if the PRIVACY POLICY changes?

We will let our visitors and authorized customers know about changes to our PRIVACY POLICY by posting such changes on the site. However, if we are changing our PRIVACY POLICY in a manner that might cause disclosure of personal information that a visitor or authorized customer has previously requested not be disclosed, we will contact such visitor or authorized customer to allow such visitor or authorized customer to prevent such disclosure.

Links

Omnify contains links to other web sites. Please note that when you click on one of these links, you are moving to another web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours. Omnify has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Omnify of the site. Use of any such linked web site is at the user's own risk.

Omnify requires consideration for and as a condition of allowing you access. Reading and accepting the TERMS OF USE and reading and accepting the provisions of the PRIVACY POLICY of Omnify are required considerations for Omnify granting you the right to visit, read or interact with it. All persons are denied access to this site unless they read and accept the TERMS OF USE and the PRIVACY POLICY. By viewing, visiting, using, or interacting with Omnify or with any banner, pop-up, or advertising that appears on it, you are agreeing to all the provisions of this TERMS OF USE policy and the PRIVACY POLICY of Omnify.

All persons under the age of 13 are denied access to Omnify. If you are under 13 years of age, it is unlawful for you to visit, read, or interact with Omnify or its contents in any manner.

Omnify reserves the right to deny access to any person or viewer for any reason.

Under the terms of the PRIVACY POLICY, which you accept as a condition for viewing, Omnify is allowed to collect and store data and information for the purpose of exclusion and for many other uses.

Use of information from this website

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever.   

Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

Parties to the TERMS OF USE agreement

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “website.

Submissions

Visitor agrees as a condition of viewing, that any communication between visitor and website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that Information to the website, which it wishes to forever allow the website to use in any manner as it sees fit. The Users hereby consent to receive communications by SMS or calls from Omnify with regard to services provided by them. “Submissions” is also a provision of the PRIVACY POLICY.

Payment and Fees

Omnify products & services are available on the basis of periodic subscriptions as well as on a transaction model. The subscription will automatically start from the day of the payment and will be renewed at the end of each subscription period if agreed. Omnify will remind the businesses to renew their subscription either through email or phone or both.In the event of termination of the subscription, no further charges will be taken. Omnify reserves the right to change the subscription and transaction fee and to charge for use of Services that are currently available free of charge. However any changes made will be notified to the business prior. Businesses will not be charged for using any service unless they have opted for a paid subscription plan.Pricing is applied on each ticket sale. The business has to determine the base price for their tickets. Omnify will charge an additional convenience fees on top of the base price for each ticket from the ‘Customer’. Also, Omnify charges the Businesses a transactional fee for every ticket sold via Omnify hosted sites as listed by the businesses on Omnify hosted websites.

Communications

The Users hereby consent to receive communications by SMS or calls from Omnify with regard to services provided by them.

Disclaimer

The materials on Omnify's web site are provided "as is". Omnify makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Omnify does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Omnify or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Omnify's Internet site, even if Omnify or a Omnify authorized representative has been notified orally or in writing of the possibility of such damage.Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on Omnify's web site could include technical, typographical, or photographic errors. Omnify does not warrant that any of the materials on its web site are accurate, complete, or current. Omnify may make changes to the materials contained on its web site at any time without notice. Omnify does not, however, make any commitment to update the materials.

Site TERMS OF USE Modifications

Omnify may revise these TERMS OF USE for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to Omnify's web site shall be governed by the laws of the State of New Delhi, India without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.