Terms of Service

These Terms govern your use of BookMySpot, whether you're a Host or a Customer. In these Terms, the "Platform" means the BookMySpot software and services we operate; a "Host" is a business that publishes listings and takes bookings through the Platform; and a "Customer" is a person who makes a booking through a Host's page or for whom a booking is made, including guests without an account. By creating an account, making a booking, or otherwise using the Platform, you agree to these Terms and to our Privacy Policy. If you're agreeing on behalf of a company, you confirm you have the authority to bind it.

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account. We may suspend or terminate accounts that breach this section.

You're responsible for keeping your login credentials confidential and for all activity that occurs under your account. Tell us promptly if you suspect unauthorised access to your account.

The Platform provides hosted booking pages, scheduling, intake forms, ticketing and payment processing. Hosts use it to list appointments, classes, venues and events; Customers book through the pages Hosts publish.

BookMySpot is a software platform only. When a Customer books through a Host's page, the contract for the underlying goods or services is between the Customer and the Host, not with us. Listings, events and other content on the Platform are created and published by Hosts, and we don't independently verify them. We do take reasonable measures designed to protect the integrity of the Platform, such as onboarding checks through our payment provider, content moderation and monitoring for fraudulent or misleading activity. Those measures are safeguards, not a guarantee: they aren't an endorsement or verification of any Host, listing or event, they don't make us a party to or guarantor of any transaction, and they don't oblige us to monitor everything Hosts publish. Responsibility for each listing and event, including pricing, availability and the delivery of what is sold, always remains with the Host that publishes it.

Host responsibilities

Each Host warrants that its listings, events and other content are accurate, current and not misleading or deceptive; that it holds all licences, permits, insurances and other approvals required to offer and deliver what it lists; and that it has the right to sell the goods and services it publishes. Hosts must not state or imply that we endorse their offerings, or that Customers have any rights or claims against us in relation to a Host's goods or services.

Service availability

We work to keep the Platform available around the clock, but we don't guarantee uninterrupted availability, and we may add, change or remove features from time to time. Where practical, we give advance notice of planned maintenance and of changes that materially affect a paid plan. The Platform may link to third-party websites and services, including Hosts' own sites; we're not responsible for their content or practices.

Each Host sets its own cancellation and refund policy, and all booking refunds are determined solely by the Host's terms. Requests to change, cancel or refund a booking must be directed to the Host; we don't decide or issue refunds on a Host's behalf. Refunds a Host approves are returned to the Customer's original payment method through Stripe. Our platform fee pays for facilitating the booking, a service that is complete when the booking is made, so to the extent permitted by law platform fees are non-refundable even where the underlying booking is refunded.

If an event, class or session is cancelled, postponed or materially changed, the Host must promptly update its listing and use reasonable efforts to notify affected Customers. The Host is solely responsible for providing any refund, credit or comparable alternative owed in those circumstances.

Nothing in this section limits any rights a Customer has under the Australian Consumer Law or an equivalent statute in their jurisdiction, including against the Host that supplied the goods or services.

You may not use the Platform to:

• Sell goods or services that are illegal in the Customer's or your jurisdiction.
• Publish listings, run events or distribute content that promotes hatred, violence, discrimination or harassment against any person or group, including on the basis of race, ethnicity, religion, nationality, sex, sexual orientation, gender identity, age or disability.
• Process payments for prohibited verticals (firearms, gambling without licence, controlled substances, adult content, multi-level marketing).
• Attempt to bypass platform fees, structure transactions to evade tax, or facilitate money laundering.
• Send unsolicited marketing in breach of the Spam Act 2003 (Cth) or the recipient's local equivalent.
• Reverse engineer, scrape or interfere with the operation of the Platform.

We may review content published through the Platform, including with automated moderation tools, and may remove content or restrict accounts that breach this section. Moderation is carried out on a best-efforts basis; it doesn't make us responsible for content published by Hosts, and responsibility for listings and events always remains with the Host that publishes them.

Payments on booking pages are processed through Stripe Connect on a Stripe account connected to the Host taking the booking, so booking payments go directly to the Host; card details never touch our servers. Our only charge on a transaction is a platform fee, deducted at the time of the transaction alongside Stripe's processing fees. Depending on the Host's settings, the platform fee is either absorbed by the Host or added to the price at checkout.

Subscription fees for paid Host plans are billed in advance on a recurring basis in the currency shown at checkout. Hosts are responsible for their own tax obligations, including GST, on the goods and services they sell through the Platform.

Payouts, chargebacks and disputes

Payments settle directly into the Host's connected Stripe account; we don't hold Host funds. Stripe pays out on its standard payout schedule for the Host's country. Chargebacks and payment disputes are handled through the Host's connected Stripe account under Stripe's dispute process, and Stripe's dispute fees may apply.

Hosts own the content and customer records they bring to the Platform, including booking records, Customer details and page content. We process that data as a service provider, only to operate and improve the Platform, and we never sell it.

Hosts may use the personal information of Customers only to fulfil, manage and support their bookings, and must handle it in accordance with applicable privacy and anti-spam laws. Hosts must not add Customers to marketing lists or send them marketing communications unless the Customer has opted in.

Hosts can export their booking data from the dashboard. If you close your account, we delete or de-identify personal data within a reasonable period, except where we're required to retain it (for example, financial records). Our Privacy Policy has the details.

BookMySpot, the wordmark and the product UI are our intellectual property. You receive a non-exclusive, non-transferable licence to use them as part of the Platform.

Anything you upload remains yours. You grant us a limited licence to host, display and process that content for the purpose of operating the Platform on your behalf.

If you're a Host, you also agree that we may identify you as a BookMySpot customer and may feature your name, logo and the listings and events you publish publicly in our own marketing, including on our website and social media. You can opt out at any time by emailing us, and we'll stop.

If you send us feedback, ideas or suggestions about the Platform, they aren't confidential and we may use them without restriction or payment.

If you believe content published on the Platform infringes your intellectual property or other rights, email us with the details of the content and your claim. We may remove content in response to a substantiated notice and may terminate the accounts of repeat infringers.

You may cancel a paid subscription at any time from the dashboard; cancellation takes effect at the end of the current billing period. This doesn't limit any rights you have under the Australian Consumer Law.

We may suspend or terminate access to the Platform for material breach of these Terms, fraudulent or unlawful activity, excessive payment disputes, content or events that pose a risk of harm to others or to the Platform's reputation, or where required by a payment network, regulator or law. Where it's reasonable to do so, we'll give you notice and an opportunity to fix the problem first.

We also reserve the right to decide what we host. We may decline to provide the Platform to any organisation, or to publish any listing or event, at our sole discretion and without being obliged to give reasons, and we exercise that discretion consistently with applicable law. Content and events that promote hate have no place on BookMySpot and are a breach of these Terms.

The Platform is provided on an 'as is' and 'as available' basis. To the extent permitted by law, we exclude all conditions and warranties implied by law; consumer guarantees that can't lawfully be excluded are unaffected.

The goods and services booked through a Host's page are provided by that Host, and to the maximum extent permitted by law we're not liable for a Host's acts, omissions, listings or service delivery. To the same extent, our aggregate liability for any claim arising under these Terms is capped at the greater of the fees you paid us in the 12 months before the event giving rise to the claim and AUD $100.

Indemnity

If you're a Host, you indemnify us against any claim, loss, damage, cost or expense (including reasonable legal costs) arising from or connected with your listings, events, goods or services, your breach of these Terms or of any law, your infringement of another person's rights (including intellectual property rights), or refunds, chargebacks and payment disputes relating to your bookings. This indemnity doesn't apply to the extent the loss is caused by our negligence, fraud or breach of these Terms.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or an equivalent statute that cannot lawfully be excluded.

We may update these Terms from time to time. We'll give reasonable advance notice of material changes by email or in-app, and your continued use of the Platform after the effective date constitutes acceptance.

Neither party is liable for a delay or failure to perform an obligation (other than an obligation to pay money) caused by events beyond its reasonable control, such as natural disasters, war, terrorism, labour disputes, or failures of the internet, utilities or third-party services.

You may not assign or transfer these Terms without our written consent. We may assign them as part of a merger, acquisition or sale of the Platform, and we'll notify you if we do. These Terms and our Privacy Policy are the entire agreement between us about the Platform, and sections that by their nature should survive termination, including liability, indemnity and intellectual property, continue to apply after your account closes.

These Terms are governed by the laws of South Australia, Australia, and you submit to the non-exclusive jurisdiction of the courts of South Australia. If any part of these Terms is found unenforceable, the rest remains in effect, and our not enforcing a provision at any time isn't a waiver of it.

The BookMySpot platform is operated by XBIT Corp Pty Ltd (ABN 20 682 428 128), trading as BookMySpot, South Australia, Australia. Notices to support@bookmy.spot.