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 the third-party business owner who uses the Bookaby system to manage the bookings and reservation of their business (hereby referred to as the “Manager”). There is an additional document to detail the TCs associated with use of Bookaby by the Customer of the business who books services provided by the Manager through the Bookaby platform (hereby referred to as the “Customer”).
When initiating any manager 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 Manager TCs document consists of the following sections:
- Our Service
- Bookaby Obligations
- Your Obligations
- Subscription and Fees
- Liability and Indemnity
- Intellectual Property
- Notices and Amendments
- Your TCs
- Law and Jurisdiction
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 one Customer account 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 that are offered to Bookaby Manager account holders. These tools and applications are offered to you, the “Manager account end user” 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
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. We will try to give You reasonable notice of any suspension or withdrawal. In the case of unavailability caused by circumstances beyond Bookaby’s reasonable control, including but not limited to, an act of God, act of government, flood, fire, earthquake, power outage, network failure, or malicious code attack, Bookaby will endeavour to return provision as soon as circumstances can be fixed. Bookaby gives no no warranty or representation that the services will be wholly free from defects, errors and bugs or security vulnerabilities.
Bookaby is not liable for any loss of earnings experienced by You at any time. Bookaby is not liable for any refunds, losses or damages which the Customer may issue against You.
The list of services that Bookaby will provide is defined by the subscription tier of the account. There are currently four tiers of subscription; Free, Lite, Standard and Pro. The list of services available to each type of subscription can be found here: https://bookabyapp.com/pricing
Bookaby may, at its sole discretion, add, modify or remove the features within a subscription tier, as well as add, modify or remove tiers.
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 will provide support for our service by email, and where appropriate telephone conversation. In order to receive support, You must submit a support enquiry via email. For ‘Lite’, 'Standard' and ‘Pro’ account holders, Bookaby will use its reasonable efforts to respond to initial support enquiries within two business days. For ‘Free’ account holders Bookaby will attempt to offer support as it feels it is reasonable.
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.
4. Your obligations
Access to the Bookaby Service is provided by You supplying your identification (email address) 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 also duty bound to inform your Customers immediately if You believe data held with respect to their accounts has also been 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.
You are entirely responsible for all content that You upload, post, or otherwise transmit through the Bookaby Service. You are responsible for the accuracy, quality and legality of your data and the means by which You acquire your data. You accept responsibility to manage and monitor your data at all times and use commercially reasonable efforts to ensure the use of your data through our Bookaby Service is in accordance with any applicable laws and government regulations. You are responsible for any infringements of copyright associated with any of your shared content through the Bookaby Service. You agree to notify Bookaby immediately if You become aware of any misuse of your data associated with our service and facilitate or expedite any action required to appropriately address such misuse. Any information, data, content or images that You upload/enter to the Bookaby Service must be appropriate, legitimate, legal, accurate and must not compromise Bookaby in any way. This includes information associated with your Terms/Sessions/Events, location, and Customers, any image You upload as a company logo/branding and any information/content defined by your own TCs and privacy notice. You must not create “dummy” profiles or accounts, nor false information or inaccurate representations of your services within your account. This information will be available for public view through the Bookaby Service. If any infringing, non-compliant information or content is identified related to your account, it will be removed and your account will be suspended at Bookaby’s discretion.
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 or collect data from your clients that is beyond what is required for the running of the services You offer.
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 solely responsible for ensuring that the data associated with your booking provision such as venue, price, discount, date and time is accurate and up-to-date for your business customers and Bookaby will not be liable for any losses associated with incorrect/inaccurate data.
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 associated with our service 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.
You may link to our home page, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by You. We reserve the right to withdraw linking permission without notice.
5. Subscriptions and Payments
For some services, Bookaby charges a monthly subscription fee. Bookaby reserves the right to amend these fees subject to a notice period of at least one calendar month. The list of services available at each subscription tier is listed here: https://bookabyapp.com/pricing
The Free Plan is a rolling subscription and shall continue indefinitely until either
- You upgrade your subscription tier
- You cancel your account
- your account is terminated due to non-compliance with our TCs
By ordering the Lite, Standard or Pro tier subscription You agree to pay Bookaby the monthly subscription fee indicated for that subscription tier. Bookaby uses Stripe as a payment provider, through which all subscription payments are processed. The subscription fees will be payable in advance on the first day of each subscription period. Each subscription period is defined as one calendar month. If You do not cancel your account or downgrade to the Free Plan before the next due date of your subscription fee for the following subscription period, Bookaby will automatically charge the then-applicable recurring subscription fee via Stripe. If the recurring payment fails, Bookaby will notify You of this by email and will attempt to re-request the payment via Stripe. If, after 24 hours the payment has still been declined, your subscription will be downgraded to the “Free” subscription tier, and You will lose the services associated with your current tier. The payment request will be retried for up to a week after the initial failed payment.
Subscriptions can be cancelled at any time, however any paid subscription fee will not be refunded. Bookaby will continue to provide the services applicable to the tier for the remainder of the paid subscription period. The next subscription fee due at the start of the next subscription period will be adjusted accordingly, and the appropriate services will be revoked at this time.
You can upgrade to a higher (more expensive) subscription tier at any time. If You upgrade at a different time to the date at which your subscription fee is due (end of subscription period), the fees for that subscription period will be prorated accordingly and the relevant amount will be debited immediately. The next subscription fee due at the start of the next subscription period will be adjusted accordingly.
You acknowledge and agree that your purchases in accordance with these TCs are not contingent on the delivery of any future functionality or features in relation to the Service.
Customer payments: Any 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 or continuing to operate with a Manager account on Bookaby, You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.
Customer payments will have a fee applied which will be automatically deducted from the transaction amount. Fees are inline with the Stripe pricing which can be found here: https://stripe.com/gb/pricing. Bookaby may introduce an additional nominal fee in future, after giving notice of at least one month.
Customer booking refunds: The rules that allow a Customer to cancel a booking and/or obtain a refund or credits are determined by your own refund policy and are established by yourself. Bookaby will not issue a refund for any payment contracted by You and the Customer. Stripe does not charge a fee to issue a refund, however the fees charged on the original payment will not be returned to You.
Customers are able to close their Bookaby account at any time and on doing so, any personal identifiable information related to their bookings will be removed. Therefore, if they choose to close their account, any of their future bookings will be cancelled. It will be at Your own discretion whether you will issue a refund, or allow the booking to persist, as the booking will no longer be associated with a Customer account. Bookaby holds no obligations or liability regarding bookings lost due to account closure.
In addition, You are able to close your own Bookaby Manager account at any time. On cancellation of your account, all services will cease to be available to the account. This includes any future bookings that you have accepted payment for. Bookaby holds no responsibility or liability to fulfil or arrange refund of these bookings. As managers reserve the right to modify Session/Term or Event details at any time, you must establish your own TCs regarding refunds and cancellations.
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.
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.
More information can be found here: https://bookabyapp.com/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 Customer, 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 Customer.
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 Manager Service, 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 sService 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 is not liable for any loss of earnings experienced by You or your associated employees or Customers at any time. Bookaby is not liable for any booking refunds, losses or damages which your Customers may be issuing against You. 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 license 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 may 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. Your own TCs
For your own Customers, You may wish to supplement the Bookaby Customer TCs with additional TCs associated with your own service provision. However, You must agree not to create any TCs that negate/overwrite/contradict any aspect of the Bookaby Customer TCs. 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.