1. Introduction

Please read these general Terms of the relationship between you (visitor or user) and us (Bookamat) which cover all use of www.bookamat.co. By visiting and using www.bookamat.co you agree to these Terms. We may amend these Terms at any stage and your continued use of our website is deemed as acceptance of those amended Terms. If you do not agree to these Terms or any amendments you must stop using bookamat.co or any services offered by Bookamat. Please also read carefully our Privacy Policy at www.bookamat.co/privacy-policy.

Bookamat.co is owned and operated in Australia by Bookamat (Pty) Ltd, ABN 87 625 498 437 and operated in South Africa and Namibia by Bookamat (Pty) Ltd, Registration Number 2016/462139/07.

2. How the Site and Services Work

Bookamat provides an online scheduling and booking platform that enables Businesses to create and manage an online schedule, list activities, take bookings and manage payments from Clients, collectively referred to as “Business Services”. Bookamat also enables Clients to browse activities made available by Businesses, make new bookings, and to manage their bookings and session notifications online, collectively referred to as “Client Services”.

Bookamat is not an owner, operator or provider of lessons or activities or any other instruction. Bookamat does not own, sell, resell, provide, manage and/or control activities, lessons or classes. Unless explicitly specified otherwise in the Bookamat platform, Bookamat's responsibilities are limited to facilitating the availability of the Site and Services.

Bookamat cannot and does not control the content contained for any Business and the condition, legality or suitability of any Business. Bookamat is not responsible for and disclaims any and all liability related to any and all Businesses. Accordingly, any bookings will be made or accepted at the Client’s own risk.

3. Key Terms

The words in bold below have the following meanings:

• Account Holder means any Person who registers a Business at www.bookamat.co;
  
  

• Business means any (but not limited to) studio, business, organisation, company or entity that a Person registers as a Business at www.bookamat.co to be able to access and offer the Bookamat Site and Services;
  
  

• Client means any Person who receives our Services as offered by any registered Business on bookamat.co;
  
  

• Conflict means if the meaning of any general term conflicts with any other relevant specific term, the specific term will apply. Specific terms apply to a specific section of bookamat.co or have been specifically agreed between you and us;
  
  

• Person means any natural or juristic person or any robotic or automated agent of a natural or juristic person;
  
  

• Services means the services provided by Bookamat to the Business and Client via bookamat.co more particularly described at www.bookamat.co/features;
  
  

• Site means www.bookamat.co and any other websites through which Bookamat makes the Services available;
  
  

• Terms means these terms of use and specific terms that apply to a specific section of the Bookamat services such as Client services and Business services (“Services”), our privacy policy and any other relevant terms, conditions, policies, disclaimers, authorizations and notices agreed between you and us;
  
  

• We, us or our Bookamat (Pty) Ltd in Australia 87 625 498 437, 2016/462139/07 in South Africa and Namibia. It includes our officers, agents, employees, owners, co-branders and associates where these Terms limit or exclude our liability;
  
  

• You or your means any visitor or Person making use of our Services;

4. Terms of Use

4.1. Business Accounts

When you register a Business on bookamat.co, you become the Account Holder for that Business and you confirm that you have the authority to bind any Person who uses your Bookamat business account for our Services including but not limited to instructors, teachers or staff. When you register a Business at bookamat.co, become an Account Holder and use our Services, you do so in accordance with these Terms and specific terms.

4.2. Client Accounts

When you register as a Client on bookamat.co, you confirm that you have the authority to bind any Person who uses your Client account for our Services. When you register as a Client at bookamat.co, and use our Services, you do so in accordance with these Terms and specific terms.

4.3. Licence and Use

Licence. We grant you a limited license to use bookamat.co in accordance with these Terms. We may cancel your license at any time for any reason. Your license is automatically cancelled if you do not get our written permission before using bookamat.co in a way these Terms do not allow.

Framing. You may not frame bookamat.co or any of its pages without our prior written consent.

Links from our site. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Linking. You may only link to the home page (bookamat.co) and the browse activities page (bookamat.co/browse) of Bookamat. You may not deep link (link to any other page) or link in any way that could suggest that we endorse or support you, or that you have any rights in bookamat.co or bookamat intellectual property without our prior written consent.

Virtual agents. You may not use any technology (including spiders, crawlers, bots and similar virtual agents) to search or gain any information from bookamat.co or Bookamat.

4.4. Charges and Subscriptions

Subscription. The Business shall pay fees to Bookamat in accordance with the Terms. We will notify the Business (“Account Holder”) three (3) days before the next subscription fee is due. Subscription fees must be paid in advance of each billing period. Subscriptions must be paid using Bookamat's "My Subscription" service.

Where Bookamat has not received payment within seven (7) days after the due date, and without prejudice to any other rights and remedies of Bookamat:

• It may, without liability to the Business, disable the Business account and access to all or part of the Services and Bookamat shall be under no obligation to provide any or all of the Services while the Services concerned remain unpaid;
  
  

• Interest shall accrue on such due amounts at an annual rate equal to the current prime banking rate, commencing on the due date and continuing until fully paid, whether before or after judgment. Bookamat also reserves the right to alternatively recover interest and compensation including any legal fees, if applicable;
  
  

Online Payment Processing. Bookamat has partnered with Stripe Payments (https://stripe.com), Square Payments (https://squareup.com) and Peach Payments (https://peachpayments.com) to enable businesses around the world to accept online card payments for student bookings. Our integrated online payment processing facility means students can pay for their bookings using a credit or debit card from anywhere and enjoy instant booking confirmation. The following non-refundable payment processing booking fees apply.

• Stripe Fees. Businesses in 36 countries can link their Stripe Payments account to Bookamat and receive their client online card payments directly into their bank account. The non-refundable cost for using this service is Stripe Fees (https://stripe.com/pricing) + 0.30 (local currency cents) per transaction. Whilst we will make every effort to display the costs of this Service to users, we cannot be held liable should you fail to understand the costs before offering your bookings through Bookamat.
  
  

• Square Fees. Businesses in Australia can link their Square Payments account to Bookamat and receive their client online card payments directly into their bank account. The non-refundable cost for using this service is Square Fees (https://squareup.com/au/en/pricing) + A0.30c per transaction. Whilst we will make every effort to display the costs of this Service to users, we cannot be held liable should you fail to understand the costs before offering your bookings through Bookamat.
  
  In addition, businesses in Australia can choose not to link their own Square account and have Bookamat process their online card payments. Online payments processed by Bookamat will be paid out to businesses, less the Square Fees + A0.30c per transaction fee, by the 10th day of each month.
  
  

• Peach Payments Fees. Bookamat has partnered with Peach Payments to offer online card processing for businesses in South Africa and Namibia. Online payments processed by Peach Payments and Bookamat will be paid out to businesses, less a non-refundable 5% booking fee, by the 6th working day of each month. Whilst we will make every effort to display the costs of this Service to users, we cannot be held liable should you fail to understand the costs before offering your bookings through Bookamat.
  
  

3D Secure. To comply with 3DSecure authentication, on credit and debit card payment, a AUD$1.00 (Square) will be temporarily deducted from the Client’s account to check that the card being used is valid. The amount will return to the Client’s account after a period determined by the processing bank.

Changes to Fees. Bookamat may review and increase fees, provided that such charges cannot be increased more than once in any six (6) month period. Bookamat shall give the Business written notice of any such increase at least thirty (30) days prior to any price increase.

Refunds. Where a Business or Client believes a payment was processed in error they must provide written notice to Bookamat within thirty (30) days of the payment date. Bookamat reserves the right to review and respond within seven (7) days of receiving the written notice. Where an error was found to be made by Bookamat, a refund will be issued to the same bank card or bank account from which the payment in question was made. Bookamat will not be held responsible for issuing refunds if the Business or Client used a third-party payment method.

4.5. Bookings

Not liable. Bookamat is not responsible for and disclaims any and all liability related to any and all Businesses. Accordingly, any bookings will be made or accepted at the Client’s own risk.

Disputes. Where a Client has a dispute with any booking, or payment thereof, they should contact the Business with which the booking was made to seek resolution.

Refunds. Where a Client has requested a refund for any booking, or payment thereof, they should contact the Business with which the booking was made to seek resolution.

4.6. Intellectual Property

Ownership. We own bookamat.co and (together with any licensors) and associated content and other rights in it, including all intellectual property rights such as copyright and trademark rights. All moral rights are reserved.

Trade marks. You may not use any trademark, trade name, brand or logo of Bookamat or related marketing material without our prior written consent.

Restrictions. Unless we expressly allow, bookamat.co may not be:

• copied, modified or used to make derivative works;
  
  

• transferred, distributed, decompiled or reverse engineered, or
  
  

• rented, leased, loaned, sold or assigned;
  
  

4.7. Important Disclaimers and Limitations of Liability

You use bookamat.co at your own risk. We provide bookamat.co and Bookamat services ‘as is’. We do not give any express or implied warranty or make any other undertaking about bookamat.co or Bookamat services. For example, we do not warrant that it is of a specific quality, fit for any particular purpose, accurate, complete, up-to-date, effective or secure. We do not warrant that it is free of latent defects, errors, malicious software or infringing content, or that you will have uninterrupted use of it.

No control over content. Bookamat cannot and does not control the content contained for any Business including but not limited to, activity schedules and times, activity locations, activity types or activity prices, and the condition, legality or suitability of any Business. Bookamat is not responsible for and disclaims any and all liability related to any and all Businesses. Accordingly, any bookings will be made or accepted at the Client’s own risk.

You indemnify us. You indemnify us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) related to your use of bookamat.co.

Faults. We will use our best endeavors to fix any fault in bookamat.co as soon as reasonably possible after we have been informed of any faults or errors. This is the extent of our responsibility and liability for any fault or error in bookamat.co.

Direct damages limited. If the previous clause does not apply for any reason whatsoever, our maximum liability to you for all claims of direct damages is limited to the amount you have directly paid us, for any services we have provided to you including the services provided through bookamat.co. This limit applies whether a claim is based on contract, delict (tort) or any other legal cause of action.

No liability for indirect damages. We will not be responsible for any indirect or consequential damages or losses, including losses caused by negligent conduct. These may include any loss of profit, loss of goodwill, loss of use or damages related to lost or damaged data.

4.8. No Endorsement

Bookamat does not endorse any Business.

4.8. General

Assignment. We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under any circumstances without our prior written consent.

Waiver. A waiver of any right under these Terms is only effective if it is in writing and it applies only to the Person to whom the waiver is addressed and to the circumstances for which it is given. Unless specifically provided otherwise, rights arising under these Terms or an agreement is cumulative and exclude rights provided by law.

Governing Law (Australia). Any dispute or claim arising out of or in connection with bookamat.co or services provided by Bookamat (ABN 87 625 498 437) including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of Australia any Person unreservedly submits to the jurisdiction of the High Court of Australia.

Governing Law (South Africa). Any dispute or claim arising out of or in connection with bookamat.co or services provided by Bookamat (2016/462139/07) including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of the Republic of South Africa any Person unreservedly submits to the jurisdiction of the High Court of Republic of South Africa.

Other. We are not responsible for anyone else’s website(s) or services including the website(s) or services of Business or affiliates.

5. Contact Details

Bookamat

Bookamat (Pty) Ltd
7 / 29 Kooyong Road
Armadale
Victoria, 3143
Australia
[email protected]

Bookamat (Pty) Ltd
Autus Manor House
1st Floor, The Vineyards Office Estate
99 Jip de Jager Drive
Bellville, 7530
South Africa
[email protected]