Terms and Conditions

Effective date: 14 Mar 2026

These Terms and Conditions govern access to and use of the Bookky website, platform, booking pages, software, content, reporting tools, messaging features and related services made available by Bookky. By accessing or using the services, you agree to be bound by these Terms. If you do not agree, you must not access or use the services.

These Terms are intended to protect Bookky and its business users while complying with applicable Australian law, including the Australian Consumer Law.

1. Who These Terms Apply To

These Terms apply to:

• each business, sole trader or other entity that creates or uses a Bookky account;
• each individual who accesses the services on behalf of that business or entity; and
• each customer who uses a Bookky-hosted booking page or otherwise interacts with the services.

These Terms apply primarily to business users. If you are a customer using a Bookky-hosted booking page, these Terms apply only to the extent relevant to your use of that booking page and related services. Provisions dealing with subscriptions, billing, account administration, business data, indemnities and other matters that clearly relate to business users apply only to business users unless stated otherwise.

If you accept these Terms on behalf of a business or other legal entity, you represent and warrant that you have authority to bind that entity, and references to you mean that entity and its authorised users.

By using the services, you also agree to our Privacy Policy.

2. Bookky Services

Bookky provides an online platform that assists businesses to manage appointments, bookings, availability, staff schedules, booking pages, customer communications, reports and related business workflows.

Bookky may update, modify, improve, suspend or discontinue any feature of the services at any time. We do not guarantee that any particular feature, functionality or integration will remain available indefinitely.

The services are provided for business use. You are responsible for determining whether the services are suitable for your business, operational and legal requirements.

3. Account Registration and Account Security

You must provide accurate, current and complete information when creating an account and keep that information up to date.

You are responsible for:

• maintaining the confidentiality of login credentials;
• all activities conducted through your account;
• ensuring your authorised users only access the services as permitted by these Terms; and
• promptly notifying Bookky of any suspected unauthorised access, security breach or misuse of your account.

Bookky may require you to verify identity, business details or authority to use the services.

4. Acceptable Use

You must only use the services for lawful purposes and in a manner that does not interfere with the operation, security or integrity of the services.

You must not, and must not permit any other person to:

• use the services in breach of any law, regulation, code or third-party right;
• upload, post, transmit or store any unlawful, misleading, defamatory, infringing, obscene or harmful content;
• attempt to gain unauthorised access to any account, system, network or data;
• copy, modify, reverse engineer, decompile, disassemble or create derivative works from the services, except to the extent any non-excludable law permits this;
• introduce malware, malicious code, bots, scraping tools or automated means not authorised by Bookky;
• use the services to send spam, fraudulent communications or misleading marketing;
• resell, sublicense, time-share or otherwise commercially exploit the services except as expressly authorised by Bookky in writing; or
• use the services in a way that could damage Bookky’s reputation, systems or other users.

Bookky may monitor use of the services for security, fraud prevention, service improvement, legal compliance and enforcement purposes.

5. Customer Responsibilities

If you are a business user, you are solely responsible for:

• your business operations and how you use the services;
• the accuracy, legality and quality of your listings, services, pricing, availability and communications;
• your relationships, disputes, cancellations, refunds and dealings with your own customers;
• the content, accuracy, timing, recipient details and legal compliance of communications sent to your customers using the services, including booking confirmation emails;
• obtaining any consents, notices and permissions required to collect, use and disclose personal information through the services; and
• compliance with all laws applying to your business, including consumer, privacy, spam, marketing, employment and tax laws.

Bookky is a software platform provider only. Unless expressly stated otherwise, Bookky is not a party to any transaction, appointment, service arrangement or dispute between a business user and its customers.

Where Bookky sends booking confirmation emails or similar transactional communications through the platform, those communications are sent on behalf of the relevant business user as part of the services.

6. Trials, Plans and Subscriptions

Bookky may offer a free trial, promotional pricing or other introductory offer from time to time. Unless stated otherwise:

• a free trial is available once per business account or group of related accounts;
• Bookky may modify, withdraw or terminate a trial at any time; and
• at the end of a trial, continued access to paid features requires an active paid subscription.

Paid subscriptions continue for the billing period selected at sign-up and automatically renew unless cancelled before the next renewal date.

7. Fees, Billing and Payment

Fees are payable in advance and in Australian dollars unless Bookky states otherwise.

Unless expressly stated otherwise:

• fees are charged per business location or on another basis specified by Bookky;
• all fees are non-cancellable and non-refundable once paid, except as required by law;
• you authorise Bookky and its payment processor to charge all applicable fees, taxes and related charges using your nominated payment method; and
• you must keep your billing and payment details current and valid.

If payment is declined, reversed, charged back or not received when due, Bookky may, without limiting its other rights:

• retry the payment;
• suspend or restrict access to the services;
• revoke discounts or promotional pricing;
• recover outstanding amounts and any reasonable recovery costs; and
• terminate your subscription or account.

Bookky may change its fees at any time by giving reasonable prior notice. Updated fees will apply from the start of the next billing cycle after the notice period.

Unless otherwise stated, fees are exclusive of any applicable taxes, duties or levies. If GST is payable on a taxable supply made under these Terms, you must pay the GST amount in addition to the stated consideration.

8. Cancellations and Suspension

You may cancel your subscription at any time through the platform or by contacting Bookky. Cancellation takes effect at the end of the current billing period unless Bookky states otherwise. No refund is provided for any unused portion of a billing period, except where required by law.

Bookky may suspend, limit or terminate access to the services immediately, with or without notice, if:

• you breach these Terms;
• payment is overdue;
• Bookky suspects fraud, misuse, unlawful conduct or a security risk;
• Bookky is required to do so by law or by a regulatory authority; or
• your use of the services may expose Bookky, other users or third parties to risk, loss or liability.

Bookky may also suspend the services for maintenance, upgrades, emergency fixes or security reasons.

9. Third-Party Services

The services may integrate with or rely on third-party providers, including payment processors, communication tools, hosting providers and analytics services.

Bookky is not responsible for third-party products or services and does not warrant their availability, security, functionality or compliance. Your use of third-party services may be subject to separate terms and privacy policies imposed by those providers.

Without limitation, payments may be processed by Stripe or another nominated payment provider, and your use of such services is subject to that provider's terms and privacy practices.

10. Data and Privacy

As between Bookky and you, you retain ownership of the business data, content and materials you upload, submit or store using the services, subject to the rights and licences described in these Terms and our Privacy Policy.

You grant Bookky a worldwide, non-exclusive, royalty-free licence to host, use, copy, store, transmit, modify, reproduce and display your data only to the extent reasonably necessary to:

• provide, maintain, secure and improve the services;
• perform support, troubleshooting and service administration;
• comply with legal obligations; and
• enforce Bookky’s rights under these Terms.

You represent and warrant that you have all rights, consents and lawful bases required for Bookky to process personal information and other data made available through the services.

Bookky may collect and use de-identified, aggregated and statistical information derived from use of the services for analytics, benchmarking, product improvement, security and business operations, provided it does not identify you or your customers as individuals.

11. Intellectual Property

Bookky and its licensors own all rights, title and interest in the services, including all software, technology, designs, workflows, content, trademarks, branding, reports, know-how, improvements and related intellectual property.

Subject to your compliance with these Terms and payment of all applicable fees, Bookky grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the services during your subscription term for your internal business purposes.

Except for the limited licence expressly granted, no rights are transferred to you.

If you provide feedback, suggestions, ideas or recommendations to Bookky, you grant Bookky an unrestricted, perpetual, irrevocable, worldwide, royalty-free right to use and exploit that feedback without compensation or attribution.

12. Service Availability and Disclaimers

While Bookky aims to provide reliable services, the services are made available on an as is and as available basis.

To the maximum extent permitted by law, Bookky does not warrant that:

• the services will be uninterrupted, error-free or always available;
• defects will always be corrected;
• the services are free from viruses or harmful components; or
• the services will meet all of your business, legal or operational requirements.

You acknowledge that software and internet-based services may be subject to outages, latency, security incidents, compatibility issues and other interruptions beyond Bookky’s reasonable control.

13. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Competition and Consumer Act 2010 (Cth) or any other law that cannot lawfully be excluded, restricted or modified.

To the extent permitted by law, including section 64A of the Australian Consumer Law where applicable, Bookky’s liability for breach of any non-excludable guarantee is limited, at Bookky’s option, to:

• the resupply of the relevant services; or
• the payment of the cost of having the relevant services supplied again.

14. Limitation of Liability

To the maximum extent permitted by law, Bookky excludes all liability for any indirect, incidental, special, punitive or consequential loss, and any loss of profits, revenue, business opportunity, goodwill, anticipated savings, data or reputation, whether arising in contract, tort including negligence, equity, statute or otherwise.

To the maximum extent permitted by law, Bookky’s total aggregate liability arising out of or in connection with the services or these Terms is limited to the lesser of:

• the amount paid by you to Bookky for the services in the 12 months immediately preceding the event giving rise to the claim; and
• 500 AUD.

This limitation applies even if Bookky has been advised of the possibility of the relevant loss.

15. Indemnity

You indemnify Bookky, its related bodies corporate, officers, employees, contractors and agents against any loss, damage, liability, cost or expense including reasonable legal costs suffered or incurred in connection with any claim, demand, action or investigation arising from:

• your use of the services;
• your business operations, products or services;
• your data, content or communications;
• your breach of these Terms;
• your breach of any law or third-party right; or
• any dispute between you and your customers or other third parties.

This indemnity is reduced to the extent a claim is caused by Bookky’s proven breach of these Terms, negligence or wilful misconduct.

16. Termination and Effect of Termination

On termination or expiry of your subscription:

• your right to access and use the services ends immediately or at the end of the applicable billing period, as determined by Bookky;
• before deletion of data under this section, you may contact Bookky at bookky.business@gmail.com to request reasonable offboarding assistance or a data export, which Bookky may provide at its discretion and subject to technical feasibility, timing requirements and any applicable fees notified in advance;
• Bookky may delete or de-identify your data after a reasonable period, except to the extent retention is required by law or for legitimate business records, backups, fraud prevention, dispute handling or enforcement purposes; and
• accrued rights, payment obligations and clauses that are intended to survive termination will continue in force.

Bookky is not liable for any loss arising from suspension, termination, deletion of data after the retention period or withdrawal of access following termination.

17. Changes to These Terms

Bookky may update these Terms from time to time. If Bookky makes a material change, Bookky may provide notice by publishing the updated Terms on its website, through the platform or by other reasonable means.

The updated Terms take effect from the stated effective date. By continuing to use the services after that date, you agree to the updated Terms.

18. General

These Terms constitute the entire agreement between you and Bookky in relation to the services and supersede all prior discussions, proposals and understandings relating to the same subject matter.

If any provision of these Terms is invalid, illegal or unenforceable, that provision will be severed and the remaining provisions will continue in full force.

Bookky’s failure to enforce any right or provision is not a waiver of that right or provision.

You may not assign, transfer, novate or otherwise deal with any of your rights or obligations under these Terms without Bookky’s prior written consent. Bookky may assign or transfer its rights and obligations under these Terms without restriction.

Bookky is not liable for delay or failure to perform to the extent caused by events beyond its reasonable control, including internet outages, cyber incidents, industrial disputes, natural disasters, acts of government, utility failures or failures of third-party suppliers.

These Terms are governed by the laws of New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts competent to hear appeals from them.

19. Contact

Questions regarding these Terms may be directed to:

• Email: bookky.business@gmail.com
• Web: https://bookky.com.au/feedback