Terms & Conditions

The following terms and conditions (hereby referred to as TCs) describe the licensing and use of the Bookaby booking and reservation platform (hereby referred to as Bookaby). In order to use any Bookaby application or service you must agree to the complete TCs described in this document. The TCs described here cancel and supersede any prior version of Bookaby TCs agreed to. You must not assign or otherwise transfer the TCs or any right granted through them. You also may be subject to additional TCs that may apply when you use Bookaby or third-party products or services.

This TCs document provides TCs for users (Customers) wishing to use the Bookaby Service to book services provided by third party business owners (Managers). 

When initiating any customer account, you will be asked to give your express agreement to these TCs. You must accept the TCs in full in order to use any Bookaby service. You must be at least 18 years of age to use Bookaby; by using Bookaby or agreeing to these TCs, you warrant and represent to Bookaby that you are at least 18 years of age.

If you are entering into these TCs on behalf of a company or other legal entity, you warrant and represent that you have the authority to bind such entity to these TCs, in which case the TCs "you" or "your" shall refer to such entity. If you do not have such authority, you must not accept these TCs and may not use the services.

You agree that any material breach of the TCs will result in irreparable harm to Bookaby for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Bookaby will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs.

Any express waiver or failure to exercise promptly any right under the TCs will not create a continuing waiver or any expectation of non-enforcement. If any provision of the TCs are held invalid by any law or regulation of any government, or by any court or arbitration, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the TCs will remain in full force and effect.

Our Customer TCs document consists of the following sections:

1. Definitions
2. Our Service
3. Bookaby Obligations
4. Your Obligations
5. Payments & Refunds
6. Confidentiality
7. Liability and Indemnity
8. Intellectual Property
9. Notices and Amendments
10. Manager TCs 
11. Law and Jurisdiction

1. Definitions

TCs; terms and conditions

PWA; Progressive web application

We; Bookaby Ltd

You; Manager account end user

Manager; a third-party using Bookaby services to enable booking and reservations for services provided by the third-party via Sessions,Terms and Events

Customer; a person using Bookaby services to book and reserve third party (Manager) services provided by Sessions, Terms and Events, for which payment may or may not be required. 

Session; a unit of service provision, determined by a Manager within a Manger account

Term; a collection of Session units of service provision, determined by a Manager within a Manager account.  Synonymous with a course.

Event; a Session that can be booked via tickets, allowing a Customer to reserve attendance for multiple attendees at the same time.  

Bookaby Service; software tools and functionality offered by the Bookaby PWAs and website pages

Manager Service; Session/Event/Term provided by the Manager to the Customer

2. Our Service

The Bookaby Service includes the software, tools and functionality offered by the Bookaby PWAs and website pages. These tools and applications are offered to you, the “Customer” and to any other entity on whose behalf You accept these TCs (collectively "you"). You accept these TCs by:

• transacting activities through the service
• using the service in any other manner
• agreeing with these TCs on account registration. 

You are also responsible for ensuring that all persons who access our service through your internet connection or account are aware of these TCs, and that they comply with them.

If You do not agree to these TCs, You do not have permission to use the Bookaby service.

3. Bookaby Obligations

Bookaby provides software and services to business Managers enabling them to provide listings and information regarding the sessions, terms and events they provide. This allows You to find services that you are interested in, and gives You the opportunity to book a space on a Term or Session or purchase tickets for an Event that they offer via the Bookaby booking platform. Information concerning price and availability is provided without obligation may be subject to change. 

Although we aim to provide a convenient, reliable and stable booking platform, we do not guarantee that the Bookaby service will always be available or be uninterrupted. We may need to suspend or withdraw or restrict the availability of all or any part of our service for business and operational reasons outside of our control. Bookaby gives no no warranty or representation that the services will be wholly free from defects, errors and bugs or security vulnerabilities. 

In order for you to use the Bookaby booking platform and associated services, you must register an account with Bookaby. You must provide personal details and contact information for yourself, but also for any individual who you are booking the service for (including a child, if you are booking a class for a child). You agree to provide us with true, accurate, current and complete information in order to create your account. 

Your Bookaby account allows you to review and amend your contact details, security information, child accounts and previous bookings. Your details, including any associated child account details will not be visible to anyone other than yourself, Bookaby and the Manager of the service you are booking with. 

Bookaby will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the data associated with your account. Bookaby will prevent access, use, modification or disclosure of your data except:

• to provide the Bookaby Service and prevent or address service or technical problems
• as required by law
• when You expressly permit in writing. 

By creating an account, You agree to receive certain communications in connection with the services supplied by Bookaby including updates about the Bookaby service directly from Bookaby and also any information relating to bookings such as confirmations, service information, rescheduling, requests and updates provided by the service Manager.

On confirming a booking through the Bookaby service, your account information (and associated child information) will be visible to the service Manager of your booking. Managers can only see your account details when you have a confirmed booking with their service. Bookaby will not share your account details with other Managers unless you provide authentication in the form of a one-time access code per Manager. 

The Bookaby Service enables you to pay for Manager Services through the Bookaby platform. Please see section 5. Payments for more information.

For bookings made through the Bookaby Service, Bookaby creates confirmation emails and a permanent record of each booking. This booking confirmation can be visible through your account which holds information on all previous bookings. Bookaby also provides functionality for Managers to offer Sessions as ticketed events. When a Session is offered through a ticketed Event, You can reserve attendance for multiple attendees at the same time. When tickets are offered, You can select the number required and Bookaby provides a reference number. Bookaby will not, and is not responsible for issuing a ticket. On attending the Event, you must provide the Bookaby generated reference number each time an attendee is admitted. The Manager is responsible for checking attendees against ticket reference numbers on admittance to the Event. Bookaby is not responsible for and holds no obligation for checking attendance against ticket/Session bookings. 

Any payment made by You for a Session/Term/Event available through the Bookaby service constitutes a contract between yourself and the service Manager. Bookaby is not responsible for providing any service contracted by the payment. Bookaby offers no obligation towards the Manager Service fulfilling any expectations defined by You. Refunds are solely at the discretion of the individual Manager and detailed in the Manager’s own service TCs. Bookaby will not issue a refund for any payment contracted by You and the Manager. Managers reserve the right to modify Session/Term or Event details at any time. In the event of any closure of a Bookaby account, cancellation or re-arrangement of any Session/Term or Event, the policy of refund and rebooking is established by the individual Manager within their own TCs and is neither controlled, determined nor fulfilled by Bookaby. 

Bookaby may, at its sole discretion, refuse or remove from the services any content that in its opinion violates these TCs or is in any way harmful or objectionable and will have no obligation to provide a refund of any amounts previously paid. 

Bookaby can not be regarded as the organiser of any Session, Term or Event and is not responsible for and does not warrant the (artistic) quality and content of the Session, nor the course of business in or with respect to the Session and accepts no liability on this basis. 

4. Your obligations

Access to the Bookaby Service is provided by You supplying your identification and password. It is your responsibility to keep the user identification and password credentials secure and confidential for your own account and You must not disclose it to any third party. We have the right to disable any user identification or password, whether chosen by You or allocated by us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of these TCs. If your account becomes compromised and your user identification and password is no longer secure, or You become aware of unauthorised access to your account You must update your account credentials accordingly and notify Bookaby if You think any of your data is compromised.

You are responsible for maintaining accurate, current, and complete information about yourself and your account, including an up-to-date, effective email address for correspondence between yourself and Bookaby regarding your account. You are solely responsible for ensuring that the information that You provide to Bookaby in relation to your subscription payment method is up to date and valid.  

Bookaby accepts no responsibility for the misuse of your data outside of the Bookaby Service provision. You agree to never use the service to generate and transmit unsolicited emails or other unsolicited communication or unethical or unwanted content.

Bookaby reserves the right to edit or remove any of your content, data, information or images that violates these TCs or that contains third-party commercial advertisements.

You are responsible for ensuring that your use of the Bookaby Service is legal and legitimate. You must not use the service in any way in connection with a purpose or activity that is unlawful, illegal, fraudulent or harmful. You must not use our service to store, upload, distribute or transmit any infringing, libellous, defamatory, obscene or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights. You must not misuse our site 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, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. You must not copy the services or any part, feature, function or user interface thereof or reverse-engineer, decompile, manipulate or access any source code. You must not use the service in any way to bring Bookaby into disrepute. By breaching any of these rules, You could 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 cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our service will cease immediately.

You are responsible for configuring your information technology, computer programmes and platform in order to access our service and You should protect yourself by using virus protection software. 

5. Payments & Refunds

Any payment transactions serviced through Bookaby are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”).  By agreeing to these TCs, You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. 

The rules that allow You to cancel a booking and/or obtain a refund or credits are determined by the Manager refund policy and are specific to the Manager’s service terms and conditions. The Manager is solely responsible for issuing a refund, and Bookaby can not and will not ever issue a Customer refund. 

When bookings, tickets and other items are being offered and sold, Bookaby acts as an intermediary in the formation of the Agreement between You and the Manager. Bookaby is not a party to this Agreement that is formed by the purchase of a ticket or confirmation of a booking. The Agreement is formed after You have made a booking or purchased a ticket through the Bookaby Service. Bookaby is not responsible for issuing or supplying any tickets, or supplying any services or items that are purchased through the Bookaby Service.

You are able to close your Bookaby account at any time and on doing so, any personal identifiable information will be removed. Therefore, if you choose to close your account, any future bookings will be cancelled. It will be at the Managers discretion whether they will issue a refund, or allow the booking to persist, as the booking will no longer be associated with an account. Bookaby holds no obligations or liability regarding bookings lost due to account closure. 

While Bookaby will use commercially reasonable efforts to protect the privacy of all personal and financial information, Bookaby expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to Bookaby use of third party payment processing services such as Stripe, including without limitation for any damage that may result should any such information be released to any additional third parties. 

6. Confidentiality

You and Bookaby agree to keep confidential information strictly confidential and must not disclose any confidential information to any person without written consent from the associated party. 

These confidentiality restrictions do not apply to the extent that any Confidential Information is required to be disclosed by any law or regulation, by any judicial or governmental order or request, or pursuant to disclosure requirements relating to the listing of the stock of the Parties on any recognised stock exchange.

Your account stores information on yourself and any child accounts you register as well as any orders you have placed on behalf of yourself or your child accounts. Both You and the Manager have the ability to enter information to  custom fields relating to your account. While we store this information, we do not manage the content. Managers can download or export this personal information for their own legitimate business needs. Our privacy policy related to the use and storage of your (and your children’s) personal account data is detailed here: https://bookaby.co.uk/customer-privacy

7. Liability and Indemnity

In no event shall we be liable for any claims, loss or damage, arising out of or in connection with your use of, or inability to use, the Platform, including, without limitation, direct or indirect loss, consequential loss or damage, loss of profit or goodwill, or for loss arising from any errors or omissions in the Platform.

In no event shall we be liable for any claims, loss or damage, arising out of or in connection with the Manager Service or your interaction with any Manager, including, without limitation, direct or indirect loss, consequential loss or damage, loss of profit or goodwill, or for loss arising from the Session/Term/Event or any actions of any Manager.

Bookaby does not take responsibility for any interaction between Managers and Customers except to take registration details and, where applicable, process payments on behalf of the Manager. Bookaby has no control over any aspect of the service provided by the Manager or their business, and therefore can not be responsible or liable for anything associated with that service provision or business including (but not limited to) 

• Death or personal injury caused by negligence or the negligence of the Manager service provision or business employees, agents or subcontractors (as applicable)
• Fraud or fraudulent misrepresentation by the Manager service provision or business employees, agents or subcontractors (as applicable)
• Financial losses incurred by the Manager service provision or business employees, agents or subcontractors (as applicable)
• Financial losses incurred by a third party as a result of the Manager service provision or business employees, agents or subcontractors (as applicable)
• Infringement of intellectual property or copyright materials by the Manager service provision or business employees, agents or subcontractors (as applicable)

Bookaby takes no responsibility or obligation regarding quality, timing, legality, appropriateness, suitability, integrity, responsibility, reliability, accuracy or any other aspect whatsoever of the services provided by Managers and we hold no liability regarding this service provision. We have no control over the conduct of Managers or their associated employees, other than if they breach our TCs we can refuse and terminate their use of the Bookaby Service.  

Bookaby reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or your use of or access to them, with or without notice. Bookaby may also delete, or bar access to or use of, all related information and files. Bookaby will not be liable to You or any third-party for any modification, suspension, or termination of the services, or loss of related information.

Bookaby makes no warranty or representations that

• the service will be uninterrupted, timely, secure, or error-free 
• the data provided by the service will be accurate or reliable
• the quality of any products, services, content, information, or other material purchased or obtained through the service will meet your expectations or requirements

You assume all risk for any damage to your computer system or loss of data that results from your use of the service, including any damages resulting from computer viruses.

You may find links to other websites or resources through use of the Bookaby Service. Bookaby is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Bookaby will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

8. Intellectual Property

Unless authorised by Bookaby, You agree not to reproduce, modify, sell, distribute or republish content provided by the service. You must not modify, decompile or reverse engineer any Bookaby software. 

You must not remove or modify any copyright or trademark notice, or notice of ownership. You may not use the Bookaby name, brand, logo, design or slogan to cobrand your own products or materials without prior written consent.  

Nothing in these TCs confers any licence to intellectual property rights held by Bookaby. 

9. Notices and amendments

As We develop our products and services, We may need to amend these TCs. Please continue to check our TCs to ensure You understand the TCs which apply at a given time. If a substantial change is made to these TCs, for example, a new clause, or a change in meaning/interpretation of an existing clause, We will send written notice of any changes, and require You to submit your formal acceptance of the new TCs at the time any updates are made. 

10. Manager TCs

Managers can supplement the Bookaby Customer TCs with additional TCs associated with their own service provision. Any Manager TCs that you agree to constitutes your contract with the Manager and their service provision. Bookaby TCs must always take precedence, and Customers must, without exception, agree to comply completely with Bookaby TCs in order to use the Bookaby Service. 

11. Law and Jurisdiction

These TCs (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) arising out of or in connection with these TCs, its subject matter or formation.

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law.