Terms of Service

These Terms of Service (“Terms”) are a contract between you and Bookka Pty Ltd of Adelaide, South Australia, Australia (“Bookka”, “we”, “us”). They govern your use of the Bookka website, dashboard, booking pages and related services (the “Service”). By creating an account or using the Service you agree to these Terms.

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot be excluded by agreement.

1. The service

Bookka is a booking and marketing platform for service businesses in Australia. The Service includes tools to manage bookings, customers, payments, marketing campaigns, and (when you connect them) third-party social, advertising and accounting accounts.

When a customer books a business through Bookka, the contract for that appointment is between the customer and the business. Bookka provides the platform and, where the business has enabled it, processes the payment on the business’s behalf. Bookka is not a party to that appointment.

2. Accounts

• You must be 18 or older to create an account.
• You are responsible for keeping your login credentials secure and for activity under your account, except where it results from our failure to secure the Service.
• You agree to provide accurate information and keep your business details, including your ABN if you list one, current.
• If you use the Service on behalf of a business, you confirm you are authorised to bind that business to these Terms.

3. Subscriptions, fees and GST

• Prices are in Australian dollars. Unless a price is stated as GST-inclusive, GST is added where it applies and shown before you pay.
• Paid plans (Business, Executive) are billed monthly or annually in advance and renew automatically at the end of each period until you cancel.
• You can cancel at any time from the Billing page. Cancellation takes effect at the end of the current paid period and you keep access until then.
• Upgrades take effect immediately and are prorated. Downgrades take effect at the end of the current period.
• Except as set out in these Terms or required by the Australian Consumer Law, fees for a period you have already started are not refunded.
• We may change our prices or plan features. We will give you at least 30 days’ notice by email or in the dashboard before a price increase applies to you. If you do not accept the change you can cancel before it takes effect and we will refund any prepaid fees for the period after your cancellation.
• Usage-based add-ons (for example SMS or email credits) are charged as described on the Billing page at the time you buy them.

4. Acceptable use

You agree not to use Bookka to:

• Publish content that is illegal, infringing, hateful, sexually explicit, misleading or deceptive, or that violates a third party’s rights.
• Send commercial electronic messages without the consent required by the Spam Act 2003 (Cth), or without a working unsubscribe facility. You are responsible for holding consent for every marketing SMS or email you send through Bookka.
• Scrape the Service, or send unsolicited bulk messages.
• Circumvent the rate limits, scopes or community guidelines of any connected service (Meta, TikTok, Google, Stripe, Xero and others).
• Interfere with the Service, attempt to access another user’s data, or test our security without prior written consent.

We may suspend or terminate accounts that breach these rules or that put connected third-party accounts at risk. We will tell you why and, where the breach can be fixed, give you a reasonable opportunity to fix it, unless doing so would be unlawful or would put other users at risk.

5. Connected third-party services

When you connect a third-party account (Meta, TikTok, Google, Stripe, Xero and others), your use of that service is also governed by its own terms. You authorise Bookka to act on your behalf within the scopes you grant. We will not use those credentials for any purpose beyond providing the Service. You can disconnect at any time from the Integrations page.

6. Your content and your customers’ information

You retain ownership of the content (posts, images, videos, copy) you upload or generate through Bookka. You grant us a non-exclusive, royalty-free licence to store, process and transmit that content solely to provide the Service, for example to publish a scheduled post to the social account you have connected.

The personal information of your customers that you collect through Bookka is yours to handle lawfully. You must comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles where they apply to you, with your own privacy policy, and with the Spam Act 2003 (Cth) when you contact customers. We handle that information on your behalf as described in our Privacy Policy.

7. Payments, deposits and refunds

• Payments are processed by Stripe. We never store full payment card details.
• A business that collects payments through Bookka must connect its own Stripe account. Payouts, chargebacks and Stripe’s fees are governed by Stripe’s terms.
• Deposits and prepayments collected from a business’s customers are held and refunded according to that business’s cancellation policy, which is shown to the customer before they pay. That policy must comply with the Australian Consumer Law.
• Businesses are responsible for their own tax obligations, including GST on the services they sell and any invoicing requirements.

8. Australian Consumer Law guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

9. Other warranties and availability

Subject to section 8, and to the extent permitted by law, we do not make any other promise about the Service. In particular, we do not guarantee that connected third-party services will always be available, that scheduled posts will always publish (they depend on the third party’s availability and rate limits), or that the Service will be uninterrupted or error-free. We will tell you in advance about planned maintenance where we reasonably can.

10. Limitation of liability

Where the Australian Consumer Law allows us to limit our liability for a failure to comply with a consumer guarantee, and it is fair and reasonable to do so, our liability is limited, at our option, to supplying the relevant services again or paying the cost of having them supplied again.

Otherwise, and to the extent permitted by law, our total liability to you for all claims arising out of or relating to the Service in any 12-month period is limited to the fees you paid us in that period, and neither of us is liable to the other for loss of profit, loss of business or any indirect or consequential loss. This limit does not apply to liability that cannot be limited by law, to either party’s fraud or wilful misconduct, or to a business’s obligation to pay the fees due under these Terms.

You are responsible for claims by third parties that arise from content you publish through Bookka or from your breach of law, including the Spam Act and the Privacy Act, except to the extent we caused the claim.

11. Termination and your data

• You can close your account at any time. See Data deletion.
• We may end these Terms on 30 days’ notice, or immediately for a serious breach as described in section 4 or where we are required to by law.
• After your account closes you can ask us for an export of your business data for 30 days. We delete your data after that, subject to legal retention requirements.

12. Changes to these Terms

We may update these Terms. Changes that reduce your rights or increase your obligations will be communicated by email or in the dashboard at least 30 days before they take effect. If you do not accept a change you can cancel before it takes effect, and we will refund any prepaid fees for the period after your cancellation. Other changes, such as corrections or new features, take effect when published.

13. Resolving disputes

If you have a problem, contact us first at legal@bookka.app and we will try to resolve it with you within a reasonable time. Nothing in these Terms stops you from contacting the Australian Competition and Consumer Commission, your state or territory consumer protection agency (in South Australia, Consumer and Business Services), or the Office of the Australian Information Commissioner, or from bringing a claim in a court or tribunal available to you.

14. Governing law

These Terms are governed by the laws of South Australia and the Commonwealth of Australia. Each of us submits to the non-exclusive jurisdiction of the courts of South Australia and the courts entitled to hear appeals from them. If you are a consumer, this does not prevent you from bringing a claim in the courts or tribunals of the state or territory where you live.

15. General

• If any part of these Terms is unenforceable, the rest continues to apply.
• You may not assign these Terms without our consent. We may assign them to a related company or a buyer of the Bookka business, and will tell you if we do.
• These Terms, together with the Privacy Policy and any plan or add-on terms shown at purchase, are the whole agreement between us about the Service.

16. Contact

Bookka Pty Ltd, Adelaide, South Australia, Australia.
Questions: legal@bookka.app.