Terms of Service

1. Acceptance of Terms

By accessing and using Booka.work ("Service"), you accept and agree to be bound by the terms and provisions of this agreement. The Service is owned and operated by Polymorphic IT Pty Ltd (ABN 66 617 514 977). If you do not agree to these terms, you must not use the Service.

By creating an account, you confirm that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

2. Description of Service

Booka.work is a Software-as-a-Service (SaaS) platform designed for solo practitioners, independent artists, and small teams to manage bookings, clients, payments, and business operations. We provide tools for scheduling, messaging, payment processing, and business management.

The Service is provided "as is" and "as available". We make no guarantees about uptime, availability, or uninterrupted access, though we strive for reliable service.

3. Account Registration & Eligibility

• You must be at least 18 years of age to use this Service.
• You are responsible for maintaining the confidentiality of your account and password, and for all activities that occur under your account.
• You agree to provide accurate, current, and complete information when registering and to keep your account information updated.
• You must not create multiple accounts for the purpose of abusing promotions, trials, or platform features.
• You must notify us immediately of any unauthorised use of your account.

4. Subscription & Billing

Certain features of the Service require a paid subscription. By subscribing, you agree to the following:

• Recurring Payments: Subscriptions are billed on a recurring basis (monthly or annually) at the rate displayed at the time of purchase unless otherwise stated.
• Free Trial: If a free trial is offered, you will not be charged during the trial period. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel beforehand.
• Price Changes: We reserve the right to change subscription pricing. We will provide at least 30 days' notice of any price increases.
• Cancellation: You may cancel your subscription at any time through your account settings. Your access will continue until the end of the current billing period.
• Grace Period: If a payment fails, we provide a 7-day grace period before suspending access to paid features.

5. Refund Policy

We want you to be satisfied with Booka.work. The following refund terms apply:

• Monthly subscriptions: No refunds for partial months. You retain access until the end of your billing period after cancellation.
• Annual subscriptions: A pro-rata refund may be issued if requested within 14 days of purchase or renewal, at our discretion.
• Booking payments: Refunds for payments made between service providers and their clients are governed by the service provider's own refund policy. Booka.work acts as a platform facilitator and is not responsible for disputes between service providers and their clients.

6. User Content & Data

You retain ownership of all content you upload to the Service, including but not limited to:

• Profile photos and portfolio images.
• Client records, appointment data, and notes.
• Business information and service listings.

By uploading content, you grant us a limited, non-exclusive licence to store, display, and transmit that content solely for the purpose of providing the Service. We will never sell your content or use it for advertising without your explicit consent.

You are solely responsible for ensuring that any content you upload does not infringe on the intellectual property rights of any third party and complies with all applicable laws.

7. Prohibited Uses

You agree not to use the Service to:

• Violate any applicable laws or regulations.
• Upload or transmit any material that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable.
• Impersonate another person or entity, or falsely state or misrepresent your affiliation with a person or entity.
• Attempt to gain unauthorised access to any part of the Service, other accounts, or any systems or networks connected to the Service.
• Use automated scripts, bots, or scrapers to access or extract data from the Service without our written consent.
• Interfere with or disrupt the Service, servers, or networks connected to the Service.
• Use the Service for any fraudulent or deceptive activity, including fake bookings or payment fraud.
• Transmit unsolicited promotional or advertising material (spam).

8. Intellectual Property

The Service and its original content (excluding user-uploaded content), features, and functionality are and will remain the exclusive property of Polymorphic IT Pty Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of Australia and foreign countries.

You may not copy, modify, distribute, sell, or lease any part of the Service or its software, nor may you reverse-engineer or attempt to extract the source code of the software.

9. Platform Role & Disclaimer

Booka.work is a technology platform that facilitates connections between service providers and their clients. We are not a party to any agreement between a service provider and their client.

• We do not endorse, guarantee, or assume responsibility for the quality, safety, legality, or suitability of any services listed on the platform.
• We are not responsible for any disputes, damages, or losses arising from transactions between service providers and their clients.
• Service providers are independent contractors, not employees or agents of Booka.work.

10. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

You may terminate your account at any time by deleting it through your account settings or by contacting us at support@booka.work.

11. Limitation of Liability

To the maximum extent permitted by law, Polymorphic IT Pty Ltd, its directors, employees, partners, agents, suppliers, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:

• Loss of profits, revenue, or business opportunity.
• Loss of data or corruption of data.
• Loss of goodwill or reputation.
• Any damages arising from your use of or inability to use the Service.
• Any damages arising from the conduct of third parties on the Service.

In no event shall our total aggregate liability exceed the amount you have paid to us in the twelve (12) months preceding the claim.

Nothing in these terms shall limit or exclude liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Polymorphic IT Pty Ltd and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any rights of a third party.
• Any content you upload or submit through the Service.

13. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved informally within 30 days, it shall be submitted to mediation in New South Wales, Australia.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

16. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect by posting the updated terms on this page and updating the "Last Updated" date. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

17. Contact Us

If you have any questions about these Terms, please contact us at: support@booka.work

Polymorphic IT Pty Ltd
Blue Mountains, NSW, Australia