Booked

Support

Please Read These Terms Carefully Before Using this Service

“Bookd” App is made available by Bookd Trade, (“Bookd (Aus) PTY LTD) with its registered office located at 143 Manly rd, Manly west. Bookd is an App which brings together local service providers herein referred to as “Vendors” and members of public referred to as “Customers”. The services provided by Bookd Trade are subject to the following Terms and Conditions (the "Terms").

Acceptance of Terms and Conditions of Service

The Services are provided by Bookd (AUS) PTY LTD , (“Bookd (AUS) PTY LTD”, “us” or “we”) as a service to the Vendors and Customers (together referred to as “Users” “You”). BY USING THIS APP, YOU CONFIRM THAT YOU ARE A USER AS REFERRED TO ABOVE, AND AGREE TO FOLLOW AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE THAT WE HAVE PROVIDED. IF YOU DO NOT AGREE TO THEM, DO NOT PROCEED TO REGISTER AND DO NOT USE THE APP. YOUR CONTINUED USE OF THE APP CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS.

The following Terms govern your access to the App and use of the Service. This Service is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that may be published from time to time on the App by Bookd Trade.

BOOKD (AUS) PTY LTD reserves the right to modify or remove any part of the Terms in its sole discretion at any time and without prior notice to You by updating this posting. Users of the App should visit this page periodically for changes. All changes are effective upon posting to the App.

1. Services

BOOKD (AUS) PTY LTD makes the App available to both Vendors, and Customers who use various services provided by the Vendors. When you register on this App, Bookd (AUS) PTY LTD grants you a limited, revocable, nonexclusive licence to use this App only for the purpose of providing/using the services. Bookd App is intended to provide efficient work to service providers (Vendors), and allow Customers easy access to the Vendors. Bookd (AUS) PTY LTD shall not be responsible or liable for Customers taking action based on any content or advice posted by the Vendors. Customers are advised to take their own judgment before following such advice or any content, or contacting the Vendors. Once the appointment is accepted by the Vendor, a contract is established between the Vendor and Customer and BOOKD (AUS) PTY LTD shall not be responsible for any issue with the services; and Vendor and Customer have to directly deal with such issues.

2. Registration & Accounts

To access App services both Vendors and Customers must register and have an Account. In the registration form provided on the App, you are required to fill in your First and last name, email id and any other mandatory information requested. When you register, you agree to provide true, accurate and complete information. You agree to update this information as and when changes occur.

Each User represents, warrants, and agrees to grant access to the Account only to persons authorised to act on behalf of the User and only in accordance with this Agreement. The User agrees to be fully responsible and liable for any action using User’s Account.

Your BOOKD (AUS) PTY LTD Account and User name are not transferable, and any transfer or attempted transfer to another party is null and void.

E-mail ID and Passwords: When you register an Account, you will be asked to provide your e-mail ID and choose a password for the Account to enable you to access and use this App. As a User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the e-mail ID and password you use to access this App. Bookd Trade shall neither be responsible nor liable for use of your e-mail ID and pass word by anyone other than you, and will assume that any person using the App with your e-mail ID and password is authorised to act on your behalf. You will be solely responsible for all access to and use of this App by anyone using your e-mail ID and password whether or not such access to and use of this App is actually authorised by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You shall immediately notify us of any unauthorised use of your e-mail ID and/or password or any other breach or threatened breach of security of this App.

3. Fee and Payment

In the app, there are monthly and yearly in-app subscriptions for service providers, which auto-renew until cancellation.
By making an in-app purchase, you can view listed jobs on the platform as a service provider.

Here are the two subscription packages offered in the Bookd app to the service providers:

Monthly: $19.99
Yearly: $209.99

All prices are in AUD. The app is completely paid for by service providers registering on the platform. There will be a free trial of 6 months, after which the service providers will be charged as per their selected package.

4. Eligibility and Obligations of Users

You agree and confirm that you are a legal entity or an individual eighteen (18) years of age or older. Any registration by, use of, or access to the App by anyone under the age of 18 is unauthorised, unlicensed, and in violation of these Terms and conditions. By using the App, you represent and warrant (as an individual) that you are 18 or older, and further, that you agree to abide by all of the terms and conditions of this Agreement. BOOKD (AUS) PTY LTD may terminate your Account, and any content or information that you have posted on the App and/or prohibit your access to the App for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are below

18 years of age.?

When you register with BOOKD (AUS) PTY LTD or use the services from the App, you accept all of the terms and conditions of this Agreement including but not limited to, you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described throughout the App; (b) be financially responsible for your use of the App and the purchase of services; and (c) perform your obligations as specified in the Agreement that you accept, unless such obligations are prohibited by law. BOOKD (AUS) PTY LTD reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone with or without cause.

5. User Content

Some areas of the App allow Vendors to post their name, address, contact details, profile picture and their personal details like qualification and experience, business details, previous jobs completed and description and photos of the same; and Customers can post feedback, comments, and other information (together “User Content”). You acknowledge and agree that you are solely responsible for all the Content that you upload and make available through the App. You represent and warrant that: (a) you either are the owner of all User Content that you make available through the App or you have all rights, licences, consents that are necessary to grant to Bookd the rights in such User Content; and (b) neither the User Content nor your

posting, uploading, publication, submission or transmittal of such content or Bookd use of the your Content does not infringe or violate any third party's patent, copyright, trademark, trade secret or any other proprietary or intellectual property rights, or result in the violation of any applicable law or regulation.

Information control: BOOKD (AUS) PTY LTD generally will not review, edit or delete any content posted by Users on Bookd App. But it reserves the right to modify or delete such content which is considered offensive, harmful, inaccurate, or deceptive although such content is prohibited from being posted on the App.

By using BOOKD (AUS) PTY LTD, you agree that Bookd is not responsible for any acts or omissions of Users on BOOKD (AUS) PTY LTD. Please use caution, common sense, and practice safe dealings while using Bookd App.

6. Licence

By making available any User Content on or through the App, you hereby grant to BOOKD (AUS) PTY LTD a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, transmit, access, view, and otherwise exploit such User Content only on, through or by means of the App and Service. BOOKD (AUS) PTY LTD does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. BOOKD (AUS) PTY LTD reserves the right, but is not obligated, to reject and/or remove any User Content that BOOKD (AUS) PTY LTD believes, in its sole discretion, violates these provisions.

The above licences granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the App. You understand and agree, however, that BOOKD (AUS) PTY LTD may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licences granted by you in User Content for which the App does not provide you a means to delete or remove, are perpetual and irrevocable.

You are responsible for creation, storage, and backup of your records and User Content. This Agreement and any registration for or subsequent use of the App will not be construed as creating any responsibility on BOOKD (AUS) PTY LTD's part to store, maintain, backup, retain, or grant access to any information or data for any period.

7. Prohibited Activities

You acknowledge our Terms and conditions and understand our policy for the use of Bookd App and agree to use the App for the permitted purposes only. The following are prohibited activities, which could lead to the termination of a User’s account without notice:

· License, sublicense, assign, sell, resell, transfer, reproduce, duplicate or exploit any portion of the service in any way for any commercial use, or use on behalf of any third party;

· Modify, adapt or hack the service or modify another App so as to falsely imply that it is associated with the service;

· Upload invalid data, viruses, worms, Trojan horses, or other harmful or disruptive codes, components, devices, or software agents through the service;

· Impersonate another person or otherwise misrepresent your affiliation with a person or entity, act fraudulently, hide or attempt to hide your identity, or misrepresent the source or content of information including financial information transmitted through the service;

· Transmit, distribute, post or submit any information concerning any other person or entity;

· Use the service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the App or all or any portion of the service;

· Republish, distribute or facilitate distribution of any content, including but not limited to text, communications, software, images, sounds, data, or other information that: (a) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Bookd Trade's rules or policies; (b) victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

· Use of bots, crawlers, or spiders, or other methods, to collect information from the App;

· Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App and service, or prepare any derivative works.

8. Relationship

8.1 Bookd App is only a market place/platform. This Agreement does not create any Agency, Employer-Employee, or any other type of relationship.

8.2 User agrees and acknowledges that Bookd Trade shall not be liable, under any circumstances, to any other party, including the User, for direct, indirect, incidental, consequential, special or exemplary damages arising from or concerning any content uploaded by the User.

9. Termination and Cancellation

Violation of these terms and conditions will result in suspension of service or termination of your Account. If your account attracts payment of fee and fee is not paid in full, you risk penalties such as the suspension of privileges and/or termination of the account. If BOOKD (AUS) PTY LTD terminates your account or if you close your account, you remain obligated to pay Bookd Trade for all unpaid fees plus any penalties, if applicable.

You can cancel your BOOKD (AUS) PTY LTD account any time. But, your data will remain on our server for any necessary action in future. However, this data will not be used by us or shared with others.

Upon any such cancellation/termination, you must destroy all Content obtained from this App and all copies thereof. The provisions of these Terms concerning App security, prohibited activities, copyrights, trademarks, User submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.

10. Limitation of Liability

While we conduct due diligence of all the registered Vendors by verifying their Licences, training and experience certificates, etc. to ensure that all details, descriptions, and other content posted by Vendors on this App are accurate, errors may occur. If we discover an error, we will try to communicate with them to rectify it. We will not be responsible or liable for any such errors. Each Customer has to take its own decision whether it should enter into any transaction with the Vendor.

You expressly understand and agree that BOOKD (AUS) PTY LTD shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, fraudulent deals, for loss of income, goodwill, data, fines and expenses or other intangible losses damages, resulting from:

a) the use or the inability to use the App;

a) the cost of procurement of substitute App/service;

a) unauthorised access to or alteration of your transmissions or data;

b) statements or conduct of any third party on the App;

c) or any other matter relating to the App;

EVEN IF BOOKD (AUS) PTY LTD OR BOOKD (AUS) PTY LTD’S AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Any legal remedy or liability that you seek to obtain for actions or omissions of other Users or third parties will be limited to a claim against the particular Users or other third parties ONLY. BOOKD (AUS) PTY LTD shall not be responsible or liable for such claims.

11. Indemnification

YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF BOOKD APP IS AT YOUR SOLE AND OWN RISK. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BOOKD (AUS) PTY LTD AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PROPRIETORS, INDEPENDENT CONTRACTORS, CONSULTANTS, PARTNERS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, PREDECESSORS, SUCCESSORS, AND PERMITTED ASSIGNS FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND, LOSS, DAMAGE, EXPENSE (INCLUDING LAWYER FEE, COSTS AND EXPENSES) OR LIABILITY THAT MAY RESULT FROM, ARISE OUT OF OR RELATE TO: (a) ACTS OR OMISSIONS BY YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; (b) INTENTIONAL OR NEGLIGENT VIOLATIONS BY YOU OF ANY APPLICABLE LAWS OR GOVERNMENTAL REGULATION, (c) CONTRACTUAL RELATIONS BETWEEN YOU AND A THIRD PARTY; OR (d) INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS INCLUDING, BUT NOT LIMITED TO, RIGHTS RELATING TO PATENT AND COPYRIGHT. BOOKD (AUS) PTY LTD RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH BOOKD (AUS) PTY LTD IN ASSERTING ANY AVAILABLE DEFENCE. YOU SHALL NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT BOOKD (AUS) PTY LTD'S PRIOR WRITTEN CONSENT.

12. Ownership

All content on the App including any copyright, patent, trademarks, product marks, logos and trade names, whether registered or unregistered, are proprietary to BOOKD (AUS) PTY LTD or to other companies where so indicated. You may not publish, distribute, sell, reengineer, reproduce, download or otherwise use any such content without the prior written consent of the appropriate owner thereof. Under no circumstance you will acquire any ownership rights or other claim, interest or title in any content by or through your use of this App.

13. Severability, Waiver, Entire Agreement

In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Should any portion of this terms and conditions be found invalid by a court of competent jurisdiction, the remaining provisions of terms and conditions hereof shall continue in full force and effect.

The failure of BOOKD (AUS) PTY LTD to exercise or enforce any right or provision of the Terms and conditions shall not constitute a waiver of such right or provision.

These Terms and conditions constitute the entire agreement between you and BOOKD (AUS) PTY LTD and govern your use of the App, superseding any prior agreements between you and BOOKD (AUS) PTY LTD(including, but not limited to, any prior versions of the Terms and conditions).

14. Jurisdiction, Governing Law & Dispute Resolution

This App is hosted and operated by BOOKD (AUS) PTY LTD from the server in Australia. If you choose to access this App from other locations you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this App from jurisdictions where the contents/services of this Bookd App are not permitted or illegal, is prohibited.

These Terms and conditions shall be governed by laws of Australia, without reference to its conflict of principles. Any dispute, controversy or claim arising out of, relating to or in connection with this Terms and Conditions Agreement, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Australian Disputes Centre (ADC). The arbitration shall be conducted in Brisbane, Australia. in accordance with the ADC Rules for Domestic Arbitration operating at the time the dispute is referred to ADC (the Rules). The terms of the Rules are hereby deemed incorporated into this agreement. This clause shall survive termination of this agreement.

15. User Disputes

You are solely responsible for your interactions with other Users. BOOKD (AUS) PTY LTD reserves the right, but shall have no obligation, to monitor disputes between you and other Users. Customers/Vendors are required to lodge claim against Vendors/Customers concerned, for recovering their losses or damages in case there is any issue pertaining to the service/payment. BOOKD (AUS) PTY LTD will not be a party to such User Disputes.

16. Miscellaneous

16.1 Force Majeure: The parties shall be released from their respective obligations in the event of natural calamities including epidemic, national emergency, war, prohibitive governmental regulation or any other cause beyond the reasonable control of the parties. However, all payments due have to be paid by the party concerned.

16.2 Assignment: You may not assign rights under this Agreement, to any third party, without BOOKD (AUS) PTY LTD's prior written consent. Any such assignment or transfer without such consent, will make the assignment/transfer null and void. BOOKD (AUS) PTY LTD may assign or transfer its rights under this Agreement, at its sole discretion, without restriction, to provide the agreed services to you. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

16.3 Notice: Any notice required to be given or otherwise given pursuant to this Agreement by the parties concerned, shall be in writing and shall be sent through email, or hand delivered, mailed through Postal mail service, or delivered through courier service to the email ID/address mentioned in the App in case of BOOKD (AUS) PTY LTD and to the address provided by the User at the time of registration. Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter.

17. Contact

If you have any complaints or require any clarifications regarding these Terms, please submit your complaints or queries via an email to Help@bookdapp.com.au

18. In-app subscriptions