Terms

A few words are used throughout these Terms with a specific meaning.

Bookables, we, us and our mean Bookables Pty Ltd.

Business means a company or sole trader that takes bookings or enquiries through Bookables, and the space in the Service it runs itself from, together with everything in it.

Owner means the person shown as the owner of a business in the Service. That person controls the business, its team and its data, and can transfer ownership to someone else from within the Service.

Team member means anyone the owner invites into a business, at whatever level of access the owner gives them.

Customer means a person who books or enquires about a service, and customer record means the record a business holds of that person.

Household means the people, pets, homes, vehicles and other things a customer saves so that they can book for them.

Listing means the public page for a business on Bookables, whether the business has claimed it or not. Our listings and claims policy explains where listings come from.

Business Data means the data a business and its team enter into or generate in the Service, including customer records, bookings, enquiries, quotes, invoices, receipts and messages.

Content means anything uploaded to or created in the Service, including text, photographs, files, logos, notes, messages and reviews.

Confidential Information means information one of us gives the other, in any form, that is either marked confidential or would reasonably be understood to be confidential, including the non-public parts of the Service and its pricing. It does not include information that is or becomes public other than through a breach of these Terms.

Fees means the plan charges and any other amounts payable for the Service, as described on our pricing page or in your account.

Service means the Bookables platform and everything we make available through it, including our websites and applications, as they change over time.

You and your mean the person or business that holds an account, and, where the context allows, a team member using the Service under that account.

Bookables is operated by Bookables Pty Ltd, a company incorporated in Australia (ABN 66 157 655 346), with its registered office at 50 Bridge St, Sydney NSW 2000, Australia. Bookables is available in the United Kingdom, Ireland, Australia, New Zealand, the United States and Canada, and elsewhere on the terms in disclaimers.

By accessing or using the Service you confirm that you accept these Terms and that you agree to comply with them. If you are using the Service on behalf of a business, you confirm that you have authority to bind that business to these Terms, and references to “you” include that business.

You must be at least 18 years old and able to enter into a legally binding contract to use the Service. If you do not agree to these Terms, you must not use the Service.

If you hold a personal Bookables account for booking services rather than running a business, the sections that apply to you are the general ones plus booking services. The sections on plans and billing, money between you and your customers, your customer records, listings, publicity and running your business apply to businesses. Holding both kinds of account is fine.

These Terms, our Privacy Policy, our Cookie Policy, our review rules, our listings and claims policy and our pricing page together make up the agreement between us. If they conflict, these Terms come first, except on questions of how we handle personal information, where the Privacy Policy comes first.

We keep a record of the version of these Terms you agreed to and when you agreed to it.

One person, one account. You sign in with a code we email you, or with Google; there is no password. You are responsible for the information you provide and for keeping it accurate and up to date, including the email address we use to reach you.

Who owns a business

Each business has one owner, shown as the owner within the Service. The owner holds the business and its Business Data, decides who is invited, and decides what each team member can see and do. Ownership can be transferred to another person through the process in the Service, and the new owner is then bound by these Terms in respect of that business.

Your team

The owner determines who is a team member and what level of access each one has, and can change or revoke that access at any time, for any reason.

You are responsible for everything your team members do in the Service and for making sure they comply with these Terms.

If there is a dispute between an owner and a team member about access to a business or its data, the owner decides, and we will act on the owner’s instructions. We may refer any request for Business Data to the owner to answer.

A team member using the Service agrees to these Terms in their own right. Removing a team member does not give them any right to a copy of the business’s data.

Keeping your account secure

You are responsible for the email address your account is tied to, for any Google account you sign in with, and for all activity that takes place under your account. A sign-in code is for you alone: never share one, and never enter one for someone else.

You must notify us promptly via our contact page if you suspect any unauthorised use of your account.

We may require additional verification where we reasonably believe it is necessary to protect an account or the Service, and you must take the steps we reasonably ask you to take. Some actions in the Service, such as exporting data or correcting a payment, ask you to confirm with a second step.

Give each person their own account. Accounts must not be shared, including with someone covering a shift. Remove a person’s access the day they leave. You must not share your account with anyone outside your business or create an account using false information.

If your business changes hands

If your business is sold, or the people running it change, tell the incoming owner or manager that these Terms exist and apply to the business, and give us their contact details. Ownership of the business in the Service moves through the transfer process in the Service, not by handing over a sign-in.

Bookables is a booking platform for service businesses of every kind, including appointments, classes and courses, hire and rental, spaces, and work carried out at a customer’s address. It helps you be found, take enquiries and bookings, manage customers, schedule work, send quotes, invoices and receipts, and run the day-to-day of your business. We may add, change or remove features from time to time as the Service evolves.

A new feature may arrive switched on. Where it is something you can configure, you can turn it off or change it in your settings, unless it has to stay on for security or legal reasons. If you leave a default alone and keep using the Service, you are taking the feature on those settings. Changes to what you pay are a different matter and follow plans and billing.

Bookables is a network rather than a private customer database. The people you book may have their own Bookables accounts, and a record you hold of a person links to their account when the email address matches one they have verified. How that works, and what it does and does not allow us to do, is set out in your customer records and in listings, claims and the marketplace below.

The Service is provided as software-as-a-service. We grant you a non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes in accordance with these Terms and any plan limits that apply to your account. It is your responsibility to decide whether the Service meets the needs of your business.

Take the Service as it is today. Your agreement with us is not conditional on us building anything in future, and you should not sign up, or stay, in reliance on a feature we have discussed, previewed or put on a roadmap but not yet released. We may change our plans.

You agree not to, and not to permit anyone else to:

• use the Service for any unlawful, fraudulent or harmful purpose, or in breach of any applicable law or regulation;
• upload, store or transmit any content that is unlawful, defamatory, infringing, obscene, or that you do not have the right to process;
• send unsolicited marketing or commercial electronic messages in breach of the Spam Act 2003 (Cth) or the equivalent law where you or the recipient are;
• harass, abuse, threaten or defraud any person through the Service, including a customer, another business, or our staff;
• claim a listing for a business you do not run, or ask for the removal of a listing that is not yours;
• attempt to gain unauthorised access to the Service, other accounts, or our systems and networks;
• probe, scan, reverse engineer, decompile, or interfere with the integrity or performance of the Service, except to the extent this restriction is prohibited by law;
• introduce malware or any code intended to disrupt, damage or limit the Service;
• place an unreasonable load on the Service, or use it in a way that degrades it for anyone else;
• resell, sublicense or otherwise make the Service available to any third party except as expressly permitted; or
• use the Service to build a competing product, or scrape, harvest or extract data in bulk, including details of other businesses or their customers.

Use of the Service may be subject to limits described on our pricing page or in your account, and we may apply reasonable technical limits to protect the Service.

When you deal with our staff, on any channel, keep it civil. Abusive, threatening, discriminatory or harassing behaviour, or repeated vexatious contact, is a breach of these Terms. Our response will be proportionate: ending a chat, a warning, limiting you to particular channels or named contacts, and for serious or repeated behaviour, suspension or termination. None of that stops you making a complaint, exercising your privacy rights, or pursuing a legal remedy in writing.

We may investigate any suspected breach of this section and may remove content, apply limits, or suspend access where we reasonably believe a breach has occurred. Where the issue can be put right and it is safe and lawful to do so, we will tell you first and give you a chance to fix it.

Free and Pro

Free includes every feature (bookings, the calendar, customers, quotes, invoices and the rest) for up to 200 bookings each calendar month. Cancelled bookings do not count. Once you reach 200, new bookings wait until the 1st of the next month, unless you move up to Pro. Bookings you already have are never touched. What each plan includes is described on our pricing page, which forms part of these Terms. Under the current Free plan, a claimed listing stays visible while your business remains on that plan. We will give notice of plan or price changes as described below.

What Pro costs

Pro has no limit on bookings and charges a price for each booking, once it is confirmed, wherever it came from: your listing, your own link, the marketplace or your team. A request counts once it is accepted, each date of a repeating booking counts as a booking, and a class session counts once when it runs. A cancelled booking is never charged; a no-show still counts. Charges add up and are taken each time they reach your billing limit and at the end of each period. There is no monthly fee and no lock-in. You can move back to Free whenever you like.

No plan charges for team members, and there is no marketplace fee. Every charge shows its reason in your account.

You are liable for all charges incurred on your account, including by your team members, whether or not you authorised each individual action. Prices include VAT, GST and any other applicable taxes where they apply. Where you are required to withhold any amount from a payment to us, you must gross up the payment so that we receive the amount we would have received without the withholding.

Founding prices and discounts

Where we offer a founding price, it is kept for as long as the subscription is unbroken, and is lost if the subscription lapses. Any other discount, credit or promotional rate applies for the stated period, cannot be exchanged for cash, and may be withdrawn if the conditions it was given under stop being met. When a discounted period ends, the standard price for your plan applies.

Invoices and payment

We invoice you each period, according to your plan, for your live bookables or the bookings charged in the period, and send invoices to the email address on your account or to the billing contact you nominate. You must pay each invoice by its due date.

Payments to us are processed by a third-party payment processor. By providing payment details you authorise us and that processor to charge the applicable Fees to your chosen payment method. You are responsible for keeping your payment details current, and your use of the processor is subject to its own terms.

Renewals, changes and refunds

Subscriptions renew automatically for successive billing periods until cancelled. You may upgrade, downgrade or cancel your plan at any time from your account settings. Changes take effect as described at the point of change; downgrades and cancellations generally take effect at the end of the current billing period. Dropping back to Free keeps every booking, customer and piece of history; future bookings stay confirmed, and new arrivals become enquiries again.

We may add, change, remove or re-price our plans, features and fees. Where a change increases the price of your current paid plan or materially reduces what it includes, we will give you at least 30 days’ notice, the change takes effect from your next billing period, and you may cancel before it takes effect without any further charge. Your continued use after that means you accept the new plan or pricing.

Except where required by law, and except for the refunds promised in suspension and termination and changes to these terms, Fees already paid and booking charges already incurred are non-refundable, and cancelling does not entitle you to a refund for the remainder of a paid period.

If a payment fails, we may retry the charge and may drop your business to Free until payment is received. We will tell you before we do, and dropping to Free does not delete your data.

You must pay amounts due without set-off or deduction. If part of an invoice is genuinely disputed, tell us before the due date and pay the part you are not disputing. We will work the rest through with you under complaints and disputes rather than suspend over the disputed amount.

Do not manipulate the Service to avoid Fees. Cancelling and re-entering a booking that went ahead, or marking a booking that went ahead as cancelled so that it is not charged, are breaches of these Terms. This is about how you use Bookables, not about where you do business. You are free to take bookings anywhere you like, on any terms you like, and nothing here requires you to match the prices you offer elsewhere.

On amounts that are overdue and not genuinely disputed, we may charge interest at the rate prescribed under section 100 of the Civil Procedure Act 2005 (NSW), or the highest rate the law allows if that is lower, from the due date until the amount is paid. You must also pay the reasonable costs we actually incur in recovering an overdue amount.

This section applies to businesses. Your customers pay you directly, by cash or bank transfer, and you record in the Service what you have received. We do not take, hold, process or pass on money between you and your customers, and we never collect a customer’s card details.

We are not a party to the sale

The sale is between you and your customer, and the money is yours. We are not a bank, a payment facilitator or an escrow agent, and we do not provide financial product advice. A payment recorded in the Service is your statement that you received it; the Service shows a balance as “recorded”, never as “paid” by us.

Deposits and cancellation fees

You set your own prices, deposits, cancellation terms and refund policy, and you must show them to your customer before they book. A deposit or a cancellation fee is an amount your customer owes you, which the Service tells them about and helps you chase or waive. We are not a party to the arrangement, we do not decide whether a fee may be kept, and anything owed back to a customer is yours to refund, recorded deliberately by someone with permission to do so.

Invoices, receipts and records

The Service makes invoices and receipts for you, with your bank details and a payment reference, and numbers them in sequence. They are your documents. You are responsible for charging the right tax, for the accuracy and compliance of the invoices, tax invoices and receipts you issue through the Service, and for keeping the records the law requires you to keep. The Service helps you produce documents. It is not accounting, tax or legal advice, and it does not make you compliant.

This section applies to businesses. When a customer books you, the contract for that service is between you and them. You are responsible for the work.

You warrant that you hold, and will keep current, every licence, registration, accreditation, permit and insurance the law requires for the services you offer, and that you and anyone working for you are qualified to carry out that work.

Where you offer services involving children, vulnerable people, or work in a person’s home, you are responsible for the checks, clearances and supervision the law requires, including working with children checks where they apply.

You are responsible for meeting your obligations to your customers, including under the Australian Consumer Law and the consumer protection law of the country you work in, and for the accuracy of the prices, availability, service descriptions, qualifications and claims you publish through the Service. Do not publish anything misleading.

You know your own industry and we do not. You are responsible for identifying and meeting the rules that apply to your trade, including any heightened obligations around record keeping, confidentiality, consent, safety or the handling of sensitive information. Checking, advising on or ensuring your compliance is not something we do, and the Service being able to do a thing does not mean it is lawful for you to do it.

You are responsible for the conduct of your staff, contractors and anyone you send to a booking.

You handle complaints from your own customers. Acknowledge one within two business days, work to resolve it within a reasonable time, and keep us informed where we passed it to you or where it involves the Service. You decide who you take on as a customer and may decline or stop serving someone, provided you do so within the law.

Some things must not be offered through the Service without our prior agreement, including prescription-only medicines, injectables and other treatments or activities that are regulated or restricted where you operate. We may publish a list of business types and services we do not accept, and update it, and you must not use the Service for anything on it.

You must honour bookings you accept, or cancel and communicate with the customer promptly and in line with the terms you gave them. A business that repeatedly cancels confirmed bookings ranks lower in the marketplace and may be suspended.

You must not use the Service to discriminate against a customer on a ground protected by law.

We do not employ businesses, supervise their work, verify their licences or insurance unless we say we have, or guarantee the quality of anything a business does. Nothing in these Terms makes us a party to the contract between a business and its customer.

You retain all rights in the data you and your team enter into the Service, including details of your customers, bookings, quotes and messages (“Business Data”). You grant us a licence to host, process and transmit Business Data as needed to provide and improve the Service, to support you, and as otherwise set out in our Privacy Policy.

People who do not use Bookables

Where a person you add does not hold a Bookables account, we hold their details for you and use them only to provide the Service to you and on your instructions. We do not market to them.

People who do

Where a person you add holds a Bookables account, or later creates one, they become a Bookables customer in their own right. Accounts are matched to your records automatically, using an email address that the account holder has verified. From that point that person has a direct relationship with us under booking services below, can see their bookings in their own account, and we handle their information for our own purposes as well as yours.

To be plain about what that second part covers, since it is your customer we are talking about: we send them messages about their bookings, and we may market Bookables itself to them and describe the kinds of services available on it. What these Terms do not allow us to do is promote a named business to them in a way that trades on your relationship with them.

When a record links to an account

Because a verified email address is what joins your record to a person’s account, what you type into a record matters. You must:

• only enter an email address you reasonably believe belongs to that person, and never enter one in an attempt to make a record attach to a particular account or to learn whether an address belongs to a Bookables user;
• tell us promptly if you become aware a record has linked to the wrong person, and help us look into it;
• have a lawful basis for the details you hold, and make sure your own privacy notice covers the fact that a record may link to that person’s Bookables account; and
• treat a link as what it is. It connects a record to a person so they can see and manage their own booking. It gives you no access to anything else in their account.

We may detach or correct a link at any time.

Their household

A customer may book for a person, a pet, a home or a vehicle they have saved. You see the entries the booking is for, and only those. Use them for that booking and for the record you keep of the work.

Your responsibilities

You warrant that you are entitled to give us the details of each person you add, that you have told them their information will be held in Bookables, and that you have any consent required by law for the communications you send them through the Service. You are responsible for handling personal information in accordance with the privacy law that applies to you, and for the accuracy, quality and legality of Business Data.

Bookables is a network of businesses and the people who book them. Every business has one listing, and people find businesses by searching for what they need and where. This section sets out what that means for you, and it should be read with your customer records above and our listings and claims policy.

No exclusivity

We may work with any business, including businesses that compete with you, in your trade, in your area, and at any time. Nothing in these Terms gives you a territory, a category, a right of first refusal, or any promise about how many bookings, enquiries or how much revenue you will receive through Bookables.

Listings

We publish a listing for your business, including your name, trade, location or service areas, what you offer, prices, opening hours, how you book, response times and, once reviews are live, ratings and reviews. We may also create a listing for a business from publicly available information before it holds an account, so that people can find it. That business can claim the listing or ask us to remove it, and our listings and claims policy says how we check both. When you claim a listing you confirm that you run that business. Claiming a business you do not run is a breach of these Terms, and we will undo it.

Marketplace

On Bookables search, category and place pages a person will see more than one business, and that may include businesses that compete with you. That is the person searching and choosing for themselves. How results are ordered, filtered or excluded is our decision, and appearing in a result is not an endorsement or a recommendation by us of any business. Ranking takes into account whether a business can be booked, how quickly it responds and whether it cancels confirmed bookings. We may exclude a business from the marketplace, for example where it is not accepting bookings, is in breach of these Terms, or is the subject of unresolved complaints.

No marketplace fee

A booking that comes through the marketplace costs the same as any other booking under your plan, as set out in plans and billing and on our pricing page. Enquiries are always free.

The Service sends email and SMS on your behalf, to your customers and to people you add: confirmations, reminders, receipts and the messages you write. When it does, you are the sender. You are responsible for every message sent from your account, including messages sent by your team members, and for what those messages say.

Consent and spam

We have a strict anti-spam position. You must only send commercial electronic messages where you have the consent the Spam Act 2003 (Cth), or the equivalent law where you or the recipient are, requires; you must identify your business accurately; and every marketing message must offer a working unsubscribe. Transactional messages about a booking, such as a confirmation or a reminder, are different from marketing, and you must not use one as a vehicle for the other.

Delivery is not guaranteed

Messages are carried by third-party providers and carriers. They may block, filter, delay, reject or strip messages at their discretion and without telling us why. We do not guarantee that any message will be delivered, delivered on time, or displayed as you intended, and we are not responsible for a carrier’s decision.

Suspension

We may limit, suspend or disable your ability to send messages, immediately and without notice where necessary, if we reasonably believe you are in breach of this section, if your sending creates a regulatory, carrier or reputational risk, or if a provider or authority directs us to. Where we can, we will tell you what happened and what you need to fix.

You are responsible for the Content you put into the Service. You warrant that you own it or are licensed to use it, that it does not infringe anyone’s rights, and that you have any consent needed from people appearing in it or from the owners of property shown in it. You grant us the licence we need to host, store, reproduce and transmit it in order to run the Service.

Where a photograph or video shows or could identify a person, get their consent before you upload it. If they are under 18, get it from a parent or guardian. Keep a record of that consent for as long as the material is on Bookables and show it to us if we ask. If consent is withdrawn, take the material down promptly and tell us so we can remove it anywhere else it appears.

Reviews are governed by our review rules, which form part of these Terms. In short: only a customer whose booking happened can review it, a review must be honest and about that booking, a business cannot add, hide, choose, remove or reply to a review, and either side can report a review that breaks the rules. Do not write, buy, incentivise or solicit fake or misleading reviews, and do not offer anything of value in exchange for a particular rating. Doing so is likely to breach consumer law as well as these Terms.

If you are a business, being reviewed comes with being listed and is not something you can switch off. An unflattering review, on its own, gives you no claim against us and no right to walk away from these Terms.

We do not pre-screen Content and we are not responsible for it, but we may remove or restrict Content that breaches these Terms or the law. If you believe Content on Bookables infringes your rights, contact us via our contact page with enough detail to identify it and we will act on it.

If you send us feedback, suggestions or ideas about the Service, we may use them without restriction, without confidentiality and without any obligation or payment to you.

You grant us a non-exclusive, worldwide, royalty-free licence to use your business name, trade marks and logo, and images and other material you upload to the Service, and to use and reproduce statements you make to us about Bookables, including in chat, messages, reviews and surveys, in our marketing, on our website, in case studies, and in materials for investors and partners.

We will quote you accurately and will not attribute to you any claim you did not make. You may ask us at any time to stop producing new material that uses your brand, and we will do so within a reasonable time. Material already published or distributed may remain in use.

You may say that you use Bookables. You may not use our name, logo or brand in a way that suggests we endorse, certify, supervise or guarantee your business, or that we are a party to your contracts with your customers.

This section applies to you if you hold a personal Bookables account and use it to book services. The general sections of these Terms apply to you as well.

Your account

Your account is yours. It brings together, in one place, every booking and enquiry you have made through Bookables with any business, your messages with them, and your household. You are responsible for keeping your email address accurate, since it is how you sign in and how businesses reach you about your bookings. Closing your account does not cancel a booking you have already made or settle anything you still owe a business.

How a business may already know you

You may find that a business already holds your details in Bookables. When you book with a business, or a business you deal with adds you as a customer, they create a record of you. If the email address on that record matches the one you have verified on your account, we link the two, so the booking appears in your account and you can see it and manage it yourself. A business only ever sees its own records of you, never your bookings or messages with anyone else. More detail is in our Privacy Policy.

We are not the business

Bookables operates the platform. When you book, your contract for that service is with the business, not with us. Businesses set their own prices, availability, cancellation terms and service standards, and they are responsible for the work they carry out and for meeting their obligations to you, including under consumer law. We do not employ businesses, supervise their work, or guarantee the quality, timing or outcome of any service booked through Bookables. Where something goes wrong with a service, your first recourse is the business, and we will help where we reasonably can. This does not affect the consumer guarantees that apply to the services we supply to you.

Bookings and payments

• a booking is confirmed when the business confirms it, and some businesses take requests first and confirm afterwards. If you search on Bookables, the order businesses appear in is our decision and is not a recommendation of any of them;
• prices, deposits and cancellation charges are set by the business and shown to you before you book, and you agree the business’s terms when you confirm;
• you pay the business directly, by cash or bank transfer, using the details on its invoice or receipt. Bookables never takes your payment and never asks for your card;
• refunds and cancellation charges are a matter between you and the business, in line with the terms it showed you and with consumer law. A cancellation charge is an amount you owe the business, which it may chase or waive.

Telling a business what it needs to know

Tell the business, before the booking, about anything that affects the service or could be affected by it. That includes allergies, medical and health conditions, injuries, mobility or access needs, and anything similar about a person, animal or property the booking is for. Bookables does not collect that information; tell the business directly. A business can only work around what it has been told, and if something could reasonably have been avoided had you told them, that is on you rather than on them or on us. Nothing here affects your rights under consumer law.

A business can decline you

Businesses choose who they take on. A business may decline a booking or stop offering you its services, and that is its decision to make within the law. We do not override it, and we cannot give you access to a business that does not want to take your booking. If you think a business has refused you on a ground the law protects, tell us and we will look into it.

Booking for other people

You can book for other people, and save the people, pets, homes, vehicles and other things a booking is for in your household. That includes children, for example enrolling a child in a class. Where you add details about someone else, you confirm you are entitled to do so, and that where they are old enough to decide for themselves they are happy for you to. Only the entries a booking is for are shared with the business, so it can carry out the booking. We do not market to a child whose details you have added.

Messages we send you

We send messages about your bookings, such as confirmations, reminders, changes, receipts and requests for payment. These are part of the Service and you cannot opt out of them while you hold a booking, though you can choose how you receive them.

If you agreed to it when you created your account, we may also send you marketing about Bookables itself and about the kinds of services available on it, described as categories rather than as particular businesses. You have not agreed to us promoting a named business to you on the strength of a booking you made with someone else. You can opt out of marketing at any time from your account settings or by using the unsubscribe link in any marketing message. Opting out of marketing does not stop the booking messages above.

Using Bookables fairly

As well as the acceptable use section above, you agree not to make bookings you do not intend to keep, book using false details, leave a review that is not based on a real booking, or abuse, threaten or harass a business or its staff through the Service. Repeated no-shows, or abuse of a business, may lead us to limit or close your account. A no-show is recorded against the booking; you can contest one within 7 days of being told.

We work hard to keep the Service available, but we do not guarantee that it will be uninterrupted, timely, secure or error-free, and we do not offer an uptime commitment unless we have agreed one with you in writing. From time to time we may need to carry out maintenance, apply updates, or suspend parts of the Service, and we will try to give reasonable notice of any planned downtime that is likely to affect you.

The Service depends on the internet, on mobile networks, on hosting and on other systems outside our control, and those can fail or degrade without warning. We are not responsible for problems caused by your own equipment, connection, browser or device configuration.

Support is provided on the channels and during the hours described on our website. Before contacting us, please make reasonable efforts to check whether the problem is at your end. You can reach us via our contact page.

Business Data is yours. We do not sell it, and we use it to run the Service for you and as described in our Privacy Policy. We may use aggregated and de-identified information, which does not identify you, your business or any individual, to operate, secure, analyse and improve the Service.

We record what happens in the Service, including by you and by your team: what was done on each booking, enquiry and record, who did it and when. That record is how the Service shows history, and it is what each side can download if a booking is disputed. If you invite people into your business, let them know this happens, because they are your staff and the message is better coming from you.

We take backups as part of running the Service and we work to prevent data loss, but we do not guarantee that data will never be lost or corrupted, and a backup is not a substitute for your own records. Where you rely on data for tax, legal or compliance purposes, keep your own copy. An export of your business is available in the Service, free, to a team member with permission to take it.

If you need data in a shape the Service does not produce, ask us in writing and tell us the scope, the period and the format you want. Where that takes real engineering effort or costs us money, we may quote a reasonable fee and agree it with you before starting. We may decline, delay or narrow a request where meeting it would break the law, cut across someone else’s rights or our security obligations, or be out of proportion to what is being asked for, and if we do we will tell you why and try to find another way.

You can delete your own account, and an owner can delete a business, from the Service. Deleting removes names and contact details from our systems. The record of what happened on each booking is kept with names and words removed, because the other side of a booking needs it as a record and because the law requires us to keep certain records. A deleted business’s listing goes back to being unclaimed. Where a person holds a Bookables account of their own, their own record of their bookings stays with them.

Each of us will keep the other’s Confidential Information confidential, will use it only for the purposes of these Terms, and will not disclose it to anyone else without consent, except to our own staff, contractors and professional advisers who need it and are under equivalent obligations.

This does not apply to information that is or becomes public without a breach of these Terms, that the receiving party already had without a duty of confidence, that is received from a third party who is free to disclose it, or that is independently developed without reference to the other’s Confidential Information. Either of us may disclose Confidential Information where the law, a court or a regulator requires it, and will tell the other where it is lawful to do so.

These obligations survive termination.

We take reasonable technical and organisational measures to protect the Service and the data in it, as described in our Privacy Policy. No system is perfectly secure, and we cannot guarantee that the Service will never be compromised.

You are responsible for security at your end, including the email account you sign in with, your devices and the access you grant your team. Tell us promptly via our contact page if you become aware of a vulnerability, a compromised account, or any unauthorised access. If you are researching a vulnerability, report it to us and do not access anyone else’s data, degrade the Service, or disclose the issue publicly before we have had a reasonable opportunity to fix it.

If a data breach affecting your data occurs, we will handle it in accordance with the law that applies and our Privacy Policy, and we will work with you where you have your own obligations to meet. Because a breach may touch information we each have duties over, each of us will tell the other promptly on becoming aware of one that affects the other, will share what the other reasonably needs to assess it and to meet its own reporting obligations, and will not make a public statement naming the other without talking to them first unless the law requires it. The costs of assessing, containing and notifying a breach are borne by whichever of us caused it.

The Service, including its software, design, branding and content (other than Business Data and your Content), is owned by Bookables or our licensors and is protected by intellectual property laws. Except for the licence to use the Service granted in these Terms, no rights are granted to you in respect of the Service or our intellectual property.

You must not remove or obscure any proprietary notice in the Service, and you must not use our trade marks except as permitted in publicity and brand.

The Service relies on third-party services such as hosting and database infrastructure, sign-in with Google, mapping and geocoding, payment processing for plans, and email and SMS delivery. Your use of those services through Bookables may be subject to the third party’s own terms, including the terms of the mapping provider we use, and we are not responsible for third-party services that we do not control. Our Privacy Policy describes the kinds of providers we rely on, and we will give you the current list if you ask.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (the “ACL”), or under the consumer protection law of the country you are in, that cannot lawfully be excluded, restricted or modified (your “Non-excludable Rights”). Where the ACL permits us to limit our liability for a breach of a non-excludable guarantee, our liability is limited, at our option, to re-supplying the relevant services or paying the cost of having them re-supplied.

Subject to your Non-excludable Rights, the Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we exclude all representations, warranties and conditions that are not expressly set out in these Terms, whether implied by statute, common law or otherwise, including any implied warranty of merchantability, acceptable quality or fitness for a particular purpose.

Bookables is built for the United Kingdom, Ireland, Australia, New Zealand, the United States and Canada, where its prices, tax settings, addresses and defaults have been checked. It works elsewhere on general settings. If you use it from, or to serve customers in, any other country, you do that at your own risk and you are responsible for complying with whatever applies there.

The Service is a tool to help you run your business. You remain responsible for your own scheduling, pricing, quotations, tax and record keeping, and for the work you carry out for your customers. Nothing in the Service constitutes legal, tax, accounting or other professional advice.

Nothing in these Terms limits or excludes our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for your Non-excludable Rights, or for any other liability that cannot be limited or excluded under applicable law.

Subject to the paragraph above, we are not liable to you for any loss of profits, loss of business, loss of goodwill, loss of anticipated savings, or any indirect or consequential loss, and we are not liable for any loss or corruption of data to the extent it arises from your own failure to maintain appropriate backups where reasonably possible. We are also not liable for the acts or omissions of a business or of a customer, for the quality, timing or outcome of a service booked through Bookables, for a payment a customer did or did not make to a business, or for the acts of a carrier or other third party.

Subject to the first paragraph of this section, our total aggregate liability arising out of or in connection with the Service, whether in contract, tort (including negligence) or otherwise, is limited to the greater of (a) the total Fees you paid to us for the Service in the twelve months immediately before the event giving rise to the claim, or (b) AUD $100.

Each of us must take reasonable steps to mitigate its loss. Neither of us is liable for a failure or delay caused by something outside its reasonable control, which does not excuse an obligation to pay money.

You agree to indemnify us against any claims, losses, damages and reasonable costs arising from your breach of these Terms, your misuse of the Service, the services you supply to your customers, your handling of personal information in breach of applicable law, the details of any person you supply to us, messages sent through your account, a claim you make on a listing that is not yours, or any material you upload that we use under publicity and brand.

This indemnity does not apply to the extent a claim is caused by our own breach of these Terms or our negligence. We will tell you promptly about any claim we want to be indemnified for, will not settle it without your consent (not to be unreasonably withheld), and will let you take over its conduct where you confirm the indemnity applies. We will take reasonable steps to mitigate.

You may stop using the Service and delete your account, or your business, at any time from your settings. Doing so does not refund Fees already paid, does not cancel bookings you have already accepted or made, and does not settle amounts owed.

We may suspend or terminate your access if:

• you materially breach these Terms and do not fix it within 14 days of us telling you, where the breach can be fixed;
• you materially breach these Terms in a way that cannot be fixed, including an invoice more than 30 days overdue;
• your use poses a security, legal, regulatory or safety risk, or risks serious harm to another person, including fraud, harassment or illegal activity through the Service, in which case we may act immediately;
• you become insolvent, enter administration or liquidation, have a receiver or controller appointed, make an arrangement with your creditors, or suffer an equivalent event; or
• we are required to by law.

A decision to suspend or terminate for conduct is made by a person, under a written policy, and you can appeal it. Where practical and lawful we will give you notice and an opportunity to put things right, and where we can we will suspend rather than terminate. We may also stop offering the Service, or stop offering it in a particular form, on at least 30 days’ notice, and we will refund any Fees you have paid in advance for a period after the Service ends.

On termination your right to use the Service ends and you must stop using it. Amounts accrued before termination remain payable, and termination does not affect rights that have already accrued. Business Data is handled as set out in your data, deletion and export. Any terms that by their nature should survive termination will do so, including confidentiality, intellectual property, indemnity, disclaimers and limits of liability.

If something goes wrong, tell us first. Contact us via our contact page with what happened and what you would like us to do, and we will acknowledge it and work through it with you in good faith. Most problems are solved faster this way than any other.

Nothing in these Terms makes you go through us first. You can take a complaint to a tribunal or a small claims court, to a consumer affairs body or ombudsman, to a privacy regulator, or to any other regulator, at any time and without waiting for anything here. Your rights under consumer law are untouched. We are asking you to talk to us first because it is usually quicker, not because you have to.

If you run a business on Bookables and we end up in a dispute, we each agree to put it in writing and genuinely try to sort it out before heading to court. Either of us can suggest mediation, and if we both think it would help we will arrange it and agree at the time how to share the cost. Neither of us can force the other into it. None of this applies where someone needs an urgent court order or is simply recovering a debt.

A dispute between a customer and a business about a booking is between them. Bookables stays neutral. Either side can log a dispute in the Service, the other side is told, and either side can download the booking’s full record: the terms agreed, every change, every payment recorded and every message. We do not decide the outcome.

We may update these Terms from time to time to reflect changes to the Service, the law, or our business. If we make a material change we will take reasonable steps to let you know at least 30 days before it takes effect, for example by email or by a notice within the Service, and we will show the date the current version was published at the top of this page.

If you do not accept a material change, you may stop using the Service and delete your account before it takes effect, and we will refund any Fees you have paid in advance for the period after you leave. Your continued use of the Service after a change takes effect means you accept the updated Terms. Changes that are required by law, or that are needed urgently for security or to stop misuse, may take effect immediately.

Entire agreement. These Terms, together with the documents referred to in agreement to these terms, are the whole agreement between us about the Service and replace anything said or written before. Neither of us relies on any statement that is not set out in them, though nothing excludes liability for fraud or for misleading or deceptive conduct.

No partnership or agency. Nothing in these Terms makes us partners, joint venturers, employer and employee, or agent and principal. Neither of us may bind the other.

Assignment. You may not assign or transfer your rights under these Terms without our prior written consent, which we will not unreasonably withhold. We may assign or novate these Terms to a related company or in connection with a merger, acquisition or sale of our business, and we will tell you if we do.

Subcontracting. We may use subcontractors and service providers to help deliver the Service, and we remain responsible for the parts of the Service they deliver for us.

Waiver. If either of us does not enforce a right, that is not a waiver of it, and waiving one breach does not waive another. A waiver is only effective if it is in writing.

Severability. If any provision is invalid or unenforceable, it is read down to the minimum extent necessary or severed, and the rest of these Terms continue in force.

Force majeure. Neither of us is liable for a delay or failure caused by something outside its reasonable control, including natural disasters, outages of infrastructure we depend on, industrial action and acts of government. This does not apply to an obligation to pay money.

Notices. Notices to you are given by email to the address on your account, or by a notice within the Service, and are treated as given when sent. Notices to us must be sent via our contact page or to the postal address below. Keep your email address current, because it is how we reach you.

Remedies are cumulative. The rights and remedies in these Terms are in addition to any others available at law, not instead of them.

No merger. Rights and obligations that are intended to continue after these Terms end are not extinguished by termination or by performance.

No restraint on us. Nothing here stops us entering into similar agreements with anyone else, or developing, using or offering products and services similar to those we provide you.

No third-party rights. These Terms are between you and us. Nobody else has a right to enforce them.

Interpretation. Headings are for convenience only. “Including” means including without limitation. A reference to a law includes any law that replaces it.

Maps are provided by Mapbox, with map data from OpenStreetMap contributors. The outlines of suburbs, towns, counties and postcode areas come from these sources:

• © Australian Bureau of Statistics (CC BY 4.0)
• Contains OS data © Crown copyright and database right; Royal Mail data © Royal Mail copyright and database right; ONS (OGL v3.0)
• © Tailte Éireann and CSO (CC BY 4.0)
• © Stats NZ (CC BY 4.0)
• U.S. Census Bureau
• © Statistics Canada (OGL–Canada)

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the laws of New South Wales, Australia. You and we submit to the exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them. If you are a consumer in a country whose law gives you the right to bring a claim in your own courts, nothing here takes that right away.

If you have any questions about these Terms, you can contact us via our contact page or by writing to Bookables Pty Ltd, 50 Bridge St, Sydney NSW 2000, Australia.