Terms of Service
BookWith Terms of Service
Introduction
Thank you for choosing BookWith, a great way to book and pay for your everyday services; as well as enabling your trusted Providers to conveniently offer their services. These Terms of Service provide the legal framework for services provided to BookWith users. It also provides framework for the agreement between users booking and paying services and products though BookWith platform and the service providers and retailers offering services and products. BookWith is a trading name of BookWith Digital ltd, company registered in England & Wales No: 13332659 with registered office address at Ground Floor Micawber Wharf, 17 Micawber Street, London N1 7TB.
Definitions
“BookWith”, “BookWith App”, “App”, “we”, “us” or “our” each mean BookWith Digital Ltd.
“Client” means a person that books and purchases services or products on BookWith platforms.
“Provider” or “Service Provider” means a person or legal entity that provides services or products on BookWith platforms.
“Retailer” means a person or legal entity that offers to provide products on BookWith platforms.
“User” means Client, Provider or Retailer using BookWith platforms.
“Platform” means the Mobile App, Website or any other BookWith application that enables exchange of products and services.
“App” or “Mobile App” means BookWith platform applicable on mobile phones and other mobile devices.
“Website” or “Site” means BookWith internet website, homepage and/or BookWith platform applicable on the internet.
“Application” means any technology that can used for the BookWith platform and any other BookWith software, such as mobile phone, portable devices and the internet.
“Booking” means advance reservation or purchase of a service offered on the BookWith platform by a Service Provider.
“Session” means service with a defined start and end time that is bookable on the BookWith platform.
“Profile” or “User Profile” means personal information provided by the Users for BookWith to form a description of the Client, Provider or Retailer.
“Payment Gateway” means Stripe, Stripe Inc. or its UK/EU subsidiaries or any global Stripe payment solution.
“You” means you as an individual, group of individuals or the entity you represent in accepting these Terms & Conditions. If you are accepting as a representative of an entity you represent, you warrant that: (a) you have full legal authority to bind your entity to these Terms & Conditions; (b) you have read and understand these Terms & Conditions; (c) you agree to these Terms & Conditions on behalf of yourself and of the entity that you represent.
Our Services
BookWith is a platform enabling Service Providers to offer their professional services and products to Clients. The services offered for booking are a range of Professional Services that are performed by independent Service Providers. The related products offered on the platform are provided by independent retailers for the Clients to purchase. In providing the services BookWith App, Website or any other BookWith application acts as a platform listing the services available for Clients to book.
BookWith has no responsibility for any services or products which may be booked or purchased through the platform. BookWith is simply facilitating the booking and payment processes, as well as providing ancillary services including communication services and personalised information. The service provided by BookWith is a platform (mobile App, Website and/or any other application) that allows Service Providers to offer their services, retailers to offer their products and Clients to book services and/or purchase products.
We also provide ancillary services for communications, file sharing, information sharing and other such services. The contract for booking services and/or purchasing products is between the Service Providers / Retailers and Clients using the App, Website or any other BookWith application. Therefore, it is the responsibility of the Service Provider / Retailer to provide the services / products. BookWith will not take responsibility for providing the services / product to BookWith Clients.
BookWith is only responsible for providing the platform enabling the process of booking services and purchasing products. In case of any disputes in regards to providing the services and/or products, BookWith will not act as an intermediary and will not partially or impartially get involved with any disputes that may arise between the Service Provider / Retailer and Client. Any disputes should be resolved between Service Provider / Retailer and Client, and both parties are free to seek external advice or mediation.
In order to access the Platform you will need to open an account with BookWith. By opening an account you agree to these Terms & Conditions. All Users will have option to open a Client or Service Provider account. At account opening you agree to provide BookWith some personal details in order to create the User account and a User Profile. You agree to share your profile details with other users of BookWith platform. In order to close your account you will need to contact BookWith customer service at support@bookwithapp.com.
Booking Process
You can make a booking through BookWith Mobile App by connecting with a Service Provider and by completing the booking process. Your payment details will be requested at the time of making your first booking. You can save your payment details for future bookings. The payment will be collected in accordance to our payment process policy (see Payment Process section). It is your responsibility to provide the correct information at the time of booking. The service provider has the right to approve, decline or amend your booking request. You will receive a confirmation for confirmed bookings and you can always see your bookings at BookWith App dashboard.
Payment Process
Payments in regards to bookings and purchases on BookWith platform are processed by Stripe. Please also refer to Stripe Terms & Conditions. In order to pay for services and products the users will need to register a debit or credit card. In order to provide services or products the users will need to go through the Stripe registration process and open a free account with Stripe.
When booking a service payment is reserved on the designated payment card at the time of booking. The payment is captured and processed depending on the type of booking: a) single-session or multi-session bookings are captured 24 hours prior to start of the session; b) one of payments for multi-session bookings and courses are captured 24 hours after the booking is made.
Service providers receive their proceeds from sales within 48 hours from the time of payments been captured from the Clients’ payment cards. Usually this would happen the next working day. There is a single payment to the designated bank account provided by the Service Provider. For further details please refer to Stripe Terms & Conditions.
Prices
The price is the cost of the core service or a product that is bookable or available of purchase through all applications of BookWith. The price for services or products, such as Private and Group sessions and Courses, are set by the providers of these services. The prices of services depend on the time, type and length of the service as well as the location and possible other factors. The price of a product depends on the product on offer.
The prices may be subject to changes from time to time. We do not take responsibility for the services or products on offer, the pricing of services or products, amendments to their pricing or service or product itself; implications and consequences of service or product pricing, amendments to prices, changes in availability and any other aspect in regards to services and products is the responsibility of the service Provider offering the service or product. It is the responsibility of the service provider to provide sufficient pricing information in relation to the service or product on offer; we do not make any warranty or representation in regards to prices of service or products on offer through any BookWith application.
All fees and charges are inclusive of VAT.
Fees
BookWith partners with Stripe - leading payment infrastructure provider trusted by millions of customers. We reserve the right to charge Service, Platform and Transaction Fees from all the Users. The fees are in relation to the services and products offered on the platform or on any other application. We may change any or all of these fees from time to time.
Client Fees
BookWith will charge GBP 0.25 per session per booking service fee, up to maximum of GBP 2.50 per booking. These fees are chargeable on top of the cost of the session(s) booked via any BookWith application and payable by the Client making the booking.
Providers have an option to cover the Service Fees, in which instance Clients will only pay the cost of the session(s) booked and the Client Fees will be charged to the Provider.
Provider Fees
Accept payments from Visa, Mastercard and other major card providers.
Stripe will charge 1.40% + GBP 0.20 transaction fee, calculated from the total transaction amount. Transaction fee is chargeable to the Provider offering the service and it is chargeable for each transaction value (e.g £20 Yoga session paid though BookWith, Stripe will charge GBP 0.28 + GBP 0.20 = GBP 0.48).
Stripe charges a fee to send money to your bank account (this can be daily or weekly) and this is 0.25% + GBP 0.10 per pay out (e.g. Stripe makes a payment to your bank account of £500, it will deduct GBP 1.25 + GBP 0.10 = GBP 1.35).
Amendments, Cancellations and Refunds
We do not take any responsibility for any amendments or cancellations to bookings, initiated by the Clients, Providers or any other party. Amendments and cancellations are actions between Clients and Providers; the platform or any other BookWith application is only facilitating actions initiated by Clients, Providers or other parties.
Amendments
The platform enables amendments to bookings to be initiated by both Clients and by Providers. Amendments to bookings are to be agreed between Clients and the Providers. We do not take any responsibility of the booking amendments and any consequences there may be from the amendments; the platform only provides the functionality for making amendments.
Cancellations and Refunds
The platform enables cancellations to bookings to be initiated by both Clients and by Providers. Cancellations and their consequences are to be agreed between Clients and the Providers. By default, the platform enables cancellations prior to start of a session or course as follows:
a) For Private and Group sessions that are paid per session, the platform allows free cancellation by the Client when the cancellation is initiated 24 hours or more before the start of the session. If the cancellation is initiated less than 24 hours before the start of the session then the Client is not entitled to any refund through the platform;
b) For Private and Group sessions that are paid in advance, the platform allows for a ’24-hour cooling off period’. If the Client initiates the cancellation within 24 hours from the time that the booking was made, the Client receives a free cancellation. If the cancellation is initiated more than 24 hours from the time that the booking was made the Client is not entitled to any refund through the platform;
c) The Service Provider may initiate the cancellation of a booking at any time prior to the start of the session or course. When the Provider initiates the cancellation, the Client is entitled for a full refund of the cost of services that has been paid through the platform, excluding the Client Fees that relate to the booking. The Provider agrees to process the refunds outside of the BookWith platform environment without unreasonable delays. We do not make any warranty or representation for any unpaid and partially paid refunds. The refund process when initiated by the Provider is solely between the Provider and the Client.
As soon as the transaction in relation to a booking has been processed by our Payment Gateway, which typically means that the payment has been captured from the payment card, we reserve the right not to return any Service, Transaction or Platform Fees under any circumstances to any party involved.
We do not take any responsibility of the booking amendments, cancellations or refunds and any consequences there may be due to those actions; the platform is there to only provide the functionality for the above actions.
Your Responsibilities
Client booking services
In addition to the responsibilities noted elsewhere in this document, it is your responsibility to provide complete and accurate information at the time of booking or purchase, especially in relation to the location where the service or product is delivered, where applicable. Failure to provide complete and accurate information may result in a rejection of your booking request, cancellation of your booking, an inability of the Service Provider to provide their service or product. Such failure may also result in loss or incorrect delivery of your booking confirmation or Order Confirmation.
Provider offering services
In addition to the responsibilities noted elsewhere in this document, it is your responsibility to provide complete and accurate information regarding yourself as a Service Provider and regarding your services on offer. Failure to provide complete and accurate information may result in Clients being unable to book your services, in Clients being misled in regards to services on offer or in possible disputes between yourself and Clients. Such failure may also result in loss of income and undeliverable services or products.
Correspondence and Communication
From time to time we will be emailing you and in uploading the App or any other BookWith application you agree to receive emails from us, such as booking confirmations, operational emails, specialised requirements and other such communication. We guarantee that we will not sell or give away your personal details including email addresses to any third-party, we will only keep your details for our use and may from time to time send you offers and other marketing material that may be of interest. You can ask us, via email, at any time to be removed from our marketing emails.
Any complaint against BookWith in respect to any of our services must be submitted by email only, and in any event within 30 days from the date the issue occurred that the complaint relates to. Any complaint that is submitted after the 30 days period may be rejected, and you will forfeit the right to pursue the complaint further.
Privacy and Cookies
Our Privacy and Cookies policies are in compliance with Privacy Policy requirements of the EU GDPR 2018 rules. As a result, by default the policies are complying with most other privacy laws around the world, as the GDPR rules are so robust and come with stringent requirements.
Intellectual Property and Copyrights
Whether registered or unregistered, all intellectual property belongs to BookWith or our licensors: BookWith App, the BookWith logo, any branded slogans, BookWith brand, trademarks, service marks, graphics and logos used in connection with App, Website or any other BookWith application, BookWith app design and coding rights and software. These intellectual property rights are protected by intellectual property and copyright law. No rights have been granted in the App, Website or any other BookWith application, or the content within the same. All rights are reserved.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach our Terms of Service and/or Terms of Use.
Limitation of Liability and Indemnity
Limitation of Liability
To the fullest extent permitted by applicable law, you agree that BookWith shall not be liable for any damages arising out of or connected to your use of, or inability to use, the App, Website, or any other BookWith application or service. Nor shall we be liable for any indirect, incidental, consequential, punitive, special, exemplary or statutory damages (including, without limitation, loss of business, loss or profits, loss of revenue, loss of data, loss of goodwill or for any cost of cover or cost of procurement of substitute goods or services). Even if BookWith has been advised of the possibility of such damages, and regardless of the legal theory under which damages are sought, whether in breach of contract or in tort, including negligence.
Indemnity
You agree to defend and indemnify BookWith from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to the Services and otherwise from your violation of these Terms of Service.
Disclaimer
Our services via the App, website or any other format, and the content within, are provided strictly on an "as is" and "as available" basis. We make no warranty or representation that the App website or any other format and the content within are complete, suitable for your purpose, or accurate. The entire risk as to results obtained through use of the site and service rests with you. We make warranty or representation that the service availability will be uninterrupted, the App, website or any other format is error free.
We are not liable or responsible for any errors in or failure to provide the Services due to your error or failure to provide accurate and complete information.
In no way do we represent, warrant or guarantee any of the information and details in relation to the services offered by the service Providers on our platform. The accuracy of any information and details regarding the Providers, services offered by the Providers and any other content provided by the Providers is solely the responsibility of the Providers and we do not make any warranty or representation regards to that.
In accordance to the law, in no event what so ever are we liable for any damages, including damages for loss of use, loss or availability of service, lost revenue, loss of actual or potential income or profit, loss of goodwill, or for any other reason in relation to the services or products we provide.
Effective as of 1 January 2022.