Last updated: 30 May 2022

The website, including its services, facilities, system, tools, as well as all software and content (the “Website”) is owned and operated by Nabooki Pty Ltd ACN 169 881 430 of 247 David Low Way, Peregian Beach QLD 4573 (referred to as “Nabooki”, “we” or “us” in this document). The terms & conditions that appear below (the “Terms & Conditions” or “Agreement”) are a legally binding document, setting out the terms of your use of the Website. By accepting these Terms & Conditions or by accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions, including our Privacy Policy, which is incorporated into and forms part of the Terms & Conditions. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this Agreement, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms & Conditions, you must not accept these Terms & Conditions and may not use the Website.

We reserve the right to amend the Terms & Conditions from time to time. Any changes we make will become effective when we post a modified version of these Terms & Conditions to (or such other URL as specified by Nabooki) and we agree the changes will not be retroactive. If we make any material changes to these Terms & Conditions, we will also notify you within the software portal or by sending you an email. If you continue using the Website after any changes, it means you have accepted them. If you do not agree to any changes, you must stop using the Website, and you can terminate your account by emailing [email protected]. It is your obligation to ensure that you read, understand and agree to the latest version of these Terms & Conditions. The legend at the top of the Terms & Conditions indicates when it was last changed.

1. The Licence

Nabooki provides online booking software for restaurants, tours and activities providers, classes and courses providers, beauty and wellness providers and a variety of other service providers (“Nabooki Software”). Upon entering into this Agreement, Nabooki grants you a limited, revocable, non-transferable and non-exclusive licence to access and use the Nabooki Software only in accordance with this Agreement and for the purpose of managing your inventory, customer database and bookings. Nabooki has the right to change or modify, upgrade, add to, or discontinue any portion or feature of the Nabooki Software at any time without notice.

2. Your Account

2.1 In order to access and use Nabooki Software, you must create an account on the Website. If you are registering on behalf of a company you represent and warrant that you have the requisite authority to register on behalf of that company.

2.2 Once you have registered we will provide you with a username and password. You must keep your password confidential and log out of your account each time you finish your session. You agree that any person to whom your password is disclosed or made available or any person who obtained access to your account is authorised to act as your agent for the purposes of using and/or transacting via the Website. You indemnify us against any unauthorised access.

2.3 You are responsible for ensuring that all information uploaded to your account or provided to us, remains complete, accurate and up to date. You are responsible for the management of all data uploaded using your account. If you provide us with images you warrant that you have the right to use such image and that its use will not infringe the intellectual property rights of any third party. You agree to indemnify Nabooki and its related bodies corporate against any damages, costs, claims or liabilities (including legal fees on a full indemnity basis) arising from or in connection with any data uploaded using your account.

3. Charges

(applicable to premium subscribers only)

3.1 You agree to pay all charges as set forth on the Website and / or in these Terms & Conditions in respect of the services provided by Nabooki, including fixed service charges (“Service Charges”) and any usage charges (if applicable) such as additional booking fees for exceeding the bookings quota (“Usage Charges”).

3.2 If you have elected to pay your Service Charges monthly, all Service Charges are payable monthly in advance. All Usage Charges are payable monthly in arrears.

3.3 If you have elected to pay your Service Charges annually, an amount equal to the Service Charges for a 12-month period is payable in advance. All Usage Charges are payable annually in arrears.

3.4 Where applicable, you will not be liable for any charges incurred during any free trial period, other than for any extra services opted in by you.

3.5 Nabooki reserves the right, at any time and at its discretion, to change any charges and any pricing terms. Any changes shall be posted on the Nabooki website and will be effective immediately. If you have paid for the Service Charges in advance, no pricing changes will take effect until the end of the pre-paid period.

3.6 All fees and charges quoted are exclusive of GST and any other applicable taxes or duties. You are liable for any applicable taxes in relation to the Services.

4. Payment authorisation

(applicable to premium subscribers only)

4.1 Nabooki will charge your nominated credit card for the due amount monthly or annually (based on the type of subscription you have selected) on or after the due date, being each monthly or annual anniversary of the date of your service activation (“Due Date”). You authorise us to debit all applicable charges from your account using the credit card details you have nominated.

4.2 By adding a credit card to your account, you warrant that you are authorised to use such credit card to pay the charges due on your Nabooki account, and you authorise Nabooki to charge such credit card for the recurring Service Charges, Usage Charges and, if relevant, SMS Charges.

4.3. Nabooki will generate a tax invoice / receipt for every amount charged to your credit card, which will be sent to you via your nominated email address.

4.4 Once an amount has been charged to your credit card, it is not refundable.

4.5 If your Service Charges or Usage Charges have been discounted or waived as part of a promotional offer or otherwise, you will automatically revert to published fees once the promotion period has ended.

4.6 You must keep your credit card details current. If your payment fails at any time and you do not provide an alternative credit card details within 14 days from the Due Date, Nabooki may suspend your access to the Website. If you do not re-activate your account within 30 days from the Due Date, Nabooki reserves the right to terminate your account.

4.7 In the event Nabooki terminates your account for non-payment, all amounts due and unpaid from you to Nabooki for use of the Website shall become immediately due and payable.

5. SMS Credits

(applicable to premium subscribers only)

5.1 You may purchase SMS credits to enable sending of SMS messages from the Website. Purchased credits are assigned exclusively to your account, and are not transferable. Credits are deducted whenever Nabooki, according to the settings that you have configured in your account, send any SMS messages to you or your customers. One SMS credit equals 160 characters. Two or more SMS credits will be utilised per SMS notification when variable fields such as your business name and/or address are longer than average and the number of characters in the SMS exceeds 160 characters. When a message is longer than 160 characters, this is referred to as a multi-part message. The total SMS limit then becomes 153 characters per ‘part’.

5.2 Unused SMS credits do not expire and are non-refundable.

5.3 If your account has no remaining SMS credits, Nabooki will stop sending SMS, regardless of the settings that you have configured in your account. You can opt in to get the SMS credits auto-renewed, in which case your credit card will be charged as soon as the SMS credit balance falls down to a set minimum.

5.4 Due to the nature of mobile networks, it is not possible to guarantee a timely delivery of SMS messages. Messages can get lost or delayed, for various reasons outside our control. Nabooki shall not be responsible for the loss or delay of SMS messages.

6. Cancellation

6.1 You are solely responsible for properly cancelling your premium subscription. An email, phone, chat, or written request to cancel your premium subscription is not considered cancellation. You may cancel your premium subscription at any time through your account page. The cancellation of your premium subscription will occur at the end of your current premium up period.

6.2 If you cancel the account, your cancellation will take effect immediately and you will not be charged again, but no fees will be refunded.

7. Restriction, Suspension and Termination of Account

7.1 We reserve the right, at our sole discretion, at any time without any notice or liability, to restrict, suspend or terminate your subscription or account and/or use of the Website, and to block or prevent future access to the Website, if you commit any breach of the Terms & Conditions, or we suspect, on reasonable grounds, that you are in breach of the Terms & Conditions or your actions have caused and may cause damage to Nabooki.

7.2 Our right to restrict, suspend or terminate your account shall not prejudice any other rights or remedies we may have in respect of any breach, or any rights, obligations or liabilities accrued prior to restriction, suspension or termination.

8. Use of the Website

8.1 To use the Website, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any costs associated with accessing or using the Website, including but not limited to telephone costs, mobile phone costs, telecommunications costs, email or Internet costs or other costs that you may incur.

8.2 You may use the Website for lawful purposes only. It is solely your responsibility to ensure that content you provide, post or transmit through the Website does not violate or infringe in any way upon the rights of others.

8.3 The following uses of the Website are expressly prohibited:

– resale, distribution or transfer of any services provided by us, our suppliers, contractors or our licensees without our prior written consent;

entering into fraudulent interactions or transactions with us, or impersonating any person or entity or furnishing false data including false names, addresses and contact details, fraudulent use of credit/debit card numbers;

– using the Website for any improper, unlawful or immoral purpose, causing any nuisance by your use of the services or causing the operation of the services to be jeopardised or impaired;

– using the Website to create, host or transmit any defamatory, offensive, invasive of privacy or obscene material or engaging in activities which would cause offence to others on grounds of race, religion, creed or sex;

– using the Website to create, host or transmit any material that threatens or encourages bodily harm or the destruction of property or would constitute a criminal offence or give rise to civil liability;

– using the Website to create, host or transmit material which infringes the copyright, trademark, patent, trade secret or other intellectual property or proprietary rights of any other party;

– using the Website to create, host or transmit material which is inaccurate, misleading or deceptive;

– using the Website to access, or to attempt to access, the accounts of others or to penetrate, or attempt to penetrate, our or a third party’s security measures, computer software, hardware, electronic communication system, or telecommunications systems;

– sending any computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or data;

– accessing the Website in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;

– executing any form of network monitoring which will intercept data not intended for you;

– using the services to create, host or transmit unsolicited advertising material to other users, sending unsolicited mail messages, “junk mail” or bulk mail messages, creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings, sending malicious email, including flooding a user or the Website with very large or numerous emails;
unauthorised use, or forging, of mail header information;

– using the services to collect, or attempt to collect, personal information about third parties without their knowledge or consent or to engage in screen scraping, database scraping or any other activity with the purpose of obtaining lists of users or other data;
– using the Website for any activity which adversely affects the ability of other people or systems to use the services or the Internet generally;

– engaging in any unlawful activity in connection with the use of the Website, or in any conduct which restricts or inhibits any other user from properly accessing or using the Website.

8.4 The above list is not meant to be an exclusive list of misuses of the Website that may result in the restriction, suspension or termination of your access to or use of the Website. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of the Terms & Conditions.

9. Intellectual Property Rights

9.1 We are the owner or licensee of all intellectual property rights, including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trade marks, service marks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements), whether registered or unregistered) in everything appearing on or contained within the Website, or accessed as part of its services or facilities, including any information content, any database operated by us, Website designs, text and graphics, software, photos, videos, music, sounds, their selection and arrangement, all software compilations, underlying source code and software, unless otherwise indicated (“Intellectual Property Rights”).

9.2 Except as provided in the Terms & Conditions, use of the Website does not grant you any right, title, interest or license to any Intellectual Property Rights you may access on the Website or as part of its services or facilities. You shall not, and shall not attempt to, obtain any title to any such Intellectual Property Rights. All rights are reserved.

9.3 None of the material listed in clause 9.1 may be copied, whether in electronic, hard copy or other format, reproduced, distributed, republished, downloaded, displayed, posted, linked, adapted, translated, bundled, merged, shared, transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, in any way exploited, modified or used for commercial purposes, without our prior written consent.

9.4 You may, however, view the Website and you can print hard copies of material solely for your lawful personal non-commercial use. Any violation of this policy may result in the intellectual property right infringement that may subject you to civil and/or criminal penalties.

9.5 Title, ownership rights and intellectual property rights in and to the content displayed by Website users is the property of the applicable content owner and may be protected by applicable copyright or other law. Subject to the limited rights described rights to such content.

9.6 Any opinions, advice, statements, offers, or other information or content expressed or made available by you or other third parties are those of the respective author(s) and not of Nabooki. We cannot guarantee the accuracy, completeness, or usefulness of any such content, nor its merchantability or fitness for any particular purpose.

9.7 Nabooki may contain links to third party websites maintained by other content providers. These links are provided solely as a convenience to you. We don’t have control over such websites and cannot censor or edit their content. Therefore, we cannot and do not assume responsibility for such content, privacy policies, or practices of such websites or the companies that own them. We hereby expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites.

9.8 As a user of the Website, you are solely responsible for the content you upload and transmit via the Website. You represent that you have all rights necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use. By submitting material to Nabooki, you grant Nabooki the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in order to operate the Website. You shall indemnify Nabooki for any claim regarding Nabooki’ use of the material submitted by you.

10. No Warranties

10.1 The Website is provided “as is,” and your use thereof is at your own risk. We, our officers, directors, employees, agents and assigns, disclaim, to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of quality, merchantability, fitness for a particular purpose, title and non-infringement.

10.2 We do not promise or warrant that the Website will meet your requirements. We make no promises as to privacy and security other than as expressly stated in the Privacy Policy. No oral or written information or advice given by a Nabooki representative shall create any contractual promise.

10.3 We do not warrant that the Website will be free of faults. However, we will use reasonable endeavours to correct any errors or omissions as soon as reasonably practicable after being notified of the same. In the event of an error or fault, you should report it via the form on the “Contact Us” page (choose the option “Support/Technical”. We do not warrant that your use of the Website will be uninterrupted. You acknowledge that the access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new services or facilities. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality, which is dependent on your browser or other third party software to operate. We do not warrant that any information (or messages) transmitted via the Website, email or SMS will be transmitted accurately, reliably, in a timely manner or at all.

10.4 We do not give any warranty that the Website is free from viruses or anything else, which may have a harmful effect on any technology. Although we take reasonable steps to secure the Website, you acknowledge that the Internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the Website will be safe from unauthorised access or use.

11. Limitation of Liability

11.1 We shall not liable to you or anyone else (including for negligence, breach of contract, tort or otherwise) for any loss or damage (including any form of direct, indirect, consequential loss, third party loss, loss of reputation, loss of actual or anticipated profits, loss of revenue, loss of opportunity, loss of business, loss of contracts, loss of goodwill, loss of anticipated savings, pure economic loss, any increased operating cost, loss of, damage to or corruption of data, damage to your computer systems or other) however caused and which is suffered directly or indirectly in connection with your use of the Website.

11.2 We will not be liable for failure or delay in fulfilling its obligations under the Terms & Conditions if such delay is due to an act of God, act of terrorism, revolution, civil strife, industrial action, fire, flood, war, public disaster, plague or epidemic, delay in transportation or other cause, event or circumstance outside the reasonable control of Nabooki.

11.3 The liability of Nabooki for any claim will (to the extent permitted by law) be limited to: (a) in the case of goods – repairing or replacing those goods or paying the cost of having those goods repaired or replaced; and (b) if the breach relates to services – re-supplying those or equivalent services or paying the cost of having those services re-supplied. Our total liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to any aggregate amount paid by you to us in 12 months preceding any cause of action arising.

11.4 Your only remedy for any dispute with Nabooki is to stop using the Website.

12. Indemnity

You will indemnify us from and against any loss, damage or cost incurred by us arising out of your use of the Website or any information accessible over or through the Website, including information obtained from linked websites, your submission or transmission of information or material on or through the Website and/or your breach of the Terms & Conditions or any other applicable laws, regulations and rules. You will also indemnify against any claim, demand, suit, action or legal proceeding brought or threatened against us that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, damage of reputation, invasion of privacy, breach of confidence, infringement of copyright or any other intellectual property right).

13. General

13.1 Severability: Any provision of the Terms & Conditions which is held to be illegal, void or unenforceable shall be deemed to be severed and the remainder of the provisions read in full force and effect.

13.2 No waiver: Our failure to enforce any provision of the Terms & Conditions will not be considered a waiver of our right to enforce such provision.

13.3 No partnership/agency: Nothing in the Terms & Conditions shall be construed to create a joint venture, partnership or agency relationship between you and Nabooki and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

13.4 Entire Agreement: The Terms & Conditions, including our Privacy Policy, constitutes the entire agreement between you and Nabooki in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us.

13.5 Applicable law: The Terms & Conditions are to be interpreted in accordance with the laws of Queensland Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland, and waive any right to claim that those courts are an inconvenient forum.

13.6 Last update: The Terms & Conditions were last updated on 30 May 2022.

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