Regulations of the Booksy Application for Customers
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- Application for Customers / System - Booksy software and service, operated by Booksy and distributed under the name "Booksy", available on the Internet in the domain www.booksy.com, through mobile applications for iOS and Android software and via widgets that can be embedded on the websites or profiles in social media (Facebook, Instagram) of the Partners. The system is intended for clients and is used to reserve services by clients in order to accept contracts for the provision of Services by Partners;
- Application for Business - Booksy software and service, supported by Booksy and distributed under the name "Booksy", available on the Internet at www.booksy.com/biz. The Business Application is intended for Partners and enables contact between the Customer and the Partner to accept agreements for the provision of Services by Partners;
- Booksy - Booksy International limited liability company with its registered office in Suite 29 The Old Printworks Commercial Road, Eastbourne, BN21 3XQ, with company number 09931642;
- Client - a physical person who is at least 18 years old, has at least limited legal capacity and has created an Account in the System for purposes not related to his business or professional activity in order to use the Services offered by Partners;
- Account - a part of the System together with a set of IT solutions allowing the use of the System for logged in Customers;
- License - a non-exclusive, free license granted to customers to use the System;
- Partner - a physical person, a legal person, an organisational unit without legal personality who uses the Application for Business in connection with their business or professional activity and has created an Account in the Application for Business for themselves as an entrepreneur in order to provide Services to Customers;
- Profile - a profile created by the Customer in the System;
- Regulations - these Regulations of the System, available at www.booksy.com and as part of the System;
- Registration - a multi-stage process involving the creation of an Account in the System or in another way made available by Booksy (e.g. using Facebook or Google); this is done by completing the appropriate registration form in accordance with the description of the form fields provided, and then approving this form. During the registration process, the Customer will be able to log into the System via an Account;
- Reservation - the Client makes a reservation of the Service at the Partner using the System;
- GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Regulation on the Protection of data);
- Service, Services - services offered via the System by the Partners, in particular in the field of cosmetics, hairdressing, wellness and spa, broadly defined preventive medicine and other properly described;
- User - Customer or Partner
II. Preliminary Provisions
- The Regulations define the terms and conditions for the provision of electronic services by Booksy via the System, in particular the terms and conditions for the use of the System by Clients and for making Reservations.
- You can contact Booksy by e-mail to the following address: firstname.lastname@example.org by post to the address: Suite 29 The Old Printworks Commercial Road, Eastbourne, BN21 3XQ
III. Types and scope of Booksy services
- Booksy grants Customers access to the System enabling contact between the Customer and the Partner to accept contracts for the provision of Services. Customers can make Service Reservations via the System.
- All graphic elements, technical solutions, text, software, databases and other materials placed and made available as part of the System, as well as the manner of their presentation (layout) are subject to legal protection in the field of copyright and related rights held by Booksy.
- Booksy provides services to clients including the following services:
- using the Account;
- providing Partner search engine;
- making Reservations of Services provided by the Partners, as well as subsequent change of the date and cancellation of the Booking via the System (subject to point V. paragraph 4 of the Regulations);
- making payments for Services via the System;
- the Customer receives reminders about the date of the Services booked via the System (sms, e-mail, push);
- enabling Clients to publish opinions about Partners and Services rendered.
- Booksy only provides the System to enable contact and accept contracts for the provision of Services, is not a party to these contracts, does not bear any liability to customers for the proper performance of Services, and is not responsible to Partners for making payments for the Service.
- Booksy ensures the correct availability of the System, subject to point VII paragraph 1 lit. and.
- Booksy does not charge customers any fees for using the System.
IV. Agreement on the use of the System
- Conclusion of the contract for the use of the System takes place through Registration and is associated with the acceptance of the Terms and Conditions. The Customer undertakes to comply with the provisions of the Regulations.
- The contract for the use of the System is accepted for an indefinite period.
- The Customer gains access to the functionality and content of the System after Registration and logging into the created Account.
- Booksy, in order to enable Clients to make a Service Booking, grants Clients a non-exclusive, non-transferable, granted for the time of using the System, limited to the territory of the United Kingdom, taking into account the extraterritorial nature of the Internet, License to use the System. The above License entitles Clients only to temporarily reproduce the System by displaying it in a web browser and to reproduce it permanently by installing the System in the form of an application on a mobile device in order to use it in accordance with its intended purpose and functionality specified in the Regulations. Customers are not entitled to any other rights, including intellectual property rights, other than those expressly indicated in the Regulations, in particular Customers are not entitled to any use of the System source codes. Customers acknowledge that failure to comply with the above obligation may result in violation of Booksy's copyright to the System and holding the Customer liable in this respect.
- The Customer is obliged to provide complete and truthful personal data and other data required during Registration and to check and update it without any requests from Booksy. By providing one e-mail address or one phone number, the Customer may set up one Account. If several Accounts are created using the same email address or phone number, Booksy has the right to block other Accounts.
- In the registration form when creating an Account, the data which is necessary to create an Account and use the System are highlighted and marked.
- All data and information are provided by the Customer voluntarily, however, providing some data may be necessary for the purpose of booking the Service.
- The customer undertakes that:
- entering data into the System will be authorised to do so and does not infringe upon the rights of third parties by his actions;
- all information and data provided by the Customer in the System will be true;
- refrain from placing data referred to in art. 9 GDPR, i.e. personal data revealing racial or ethnic origin, political views, religious or ideological beliefs, trade union membership and genetic data, biometric data enabling unambiguous identification of a person or data on health, sexuality or sexual orientation - Booksy does not require providing such data from customers to use the System.
- will use the System only in a manner consistent with its purpose.
- will not place in the System, including in the Account and in the Customer Profile content (information, photos, etc.) violating the law, pornographic content, contrary to decency or violating the rights of third parties (including personal rights), principles of fair competition or provisions of the Regulations - in the event of a breach of the abovementioned obligations, Booksy is entitled to delete data or other content posted by the Customer in the System, to temporarily block or delete the Customer Account;
- will not copy, modify, distribute or reproduce all or part of the System, other than in accordance with the License;
- will not give third parties access to the System - only the Customer is responsible for the confidentiality and security of his Account, including keeping secret passwords and login;
- will immediately inform Booksy of any unauthorised use of his Account by third parties;
- will not set up more than one Account;
- will immediately inform Booksy if third parties assert claims against it in connection with a breach of law by the Customer in connection with the use of the System;
- will not in any way, other than for the purposes of using the System, process or use the personal data of other Users, which may be made available to them while using the System.
- The Customer is responsible for their activities related to the use of the System and for content placed in his Account, Profile and in the System.
- The customer may withdraw from the contract for the use of the System within 14 days of its ending without giving a reason and without incurring costs, by sending a statement of withdrawal to the e-mail address: email@example.com or to the address Booksy indicated in point II of the Regulations. A specimen statement of withdrawal from the contract is attached as Annex 1 to the Regulations.
- The Customer and Booksy may terminate the contract for the use of the System without giving a reason, subject to a 30-day notice period.
V. Reservation of the Service provided by the Partner
- The Customer may book the Service via the System. The Booking takes place upon confirmation by the Partner. The customer receives a confirmation of the Booking - via the System or sms / e-mail. Until the Partner confirms the Booking, the Booking has the status of unconfirmed and the Service does not have to be carried out by the Partner.
- The conditions on which the Booking is made may be specified by the Partner in the information (regulations, price lists, etc.) made available to the Customer in the System before making the Booking. The content of this information and generally applicable provisions, in particular provisions on consumer rights, determine whether, what type and content the contract is acce[ted between the Partner and the Customer.
- Making a Booking may be dependent on the deposit or prepayment by the Partner - information about the possible obligation and consequences of paying the deposit or prepayment will then be made available to the Customer in the System before making the Booking. The deposit is collected by the Partner at the moment of commencing the provision of the Service by the Partner or after the deadline set by the Partner in which it is possible to cancel the Booking without costs, and prepayment - at the time of making the Booking.
- Failure to make a prepayment or no deposit if required by the Partner, in accordance with the terms of the Reservation referred to in paragraph 2-3, means no Booking.
- The Customer may at any time cancel the Booking, even after prior confirmation by the Partner, unless he has previously used the Service. The effects of canceling a Booking - in particular as regards the Partner collecting a deposit or retaining a prepayment - may specify the terms of the Booking referred to in paragraph 2-3. This does not exclude or limit the rights of the Customer as a consumer, resulting from generally applicable provisions, in particular the right to withdraw from a distance contract, while Booksy is not responsible for the implementation of these rights by the Partner, in particular in the event of effective withdrawal by the Customer from the contract accepted with the Partner - it is the Partner who is liable to the Customer for the refund of amounts paid by the Customer.
- The Customer is obliged to make payments for the Service directly to the Partner on the conditions indicated by the Partner for a given Service. Booksy offers the option of making payments via the System. In this case, the payment for the Service will be collected from the Customer by the payment intermediary, i.e. an external institution that supports online payments to carry out the instruction of the payment submitted by the Customer, ensuring a secure payment channel through online banking.
VI. Gift Cards
- Partners may provide Clients with the possibility of using electronic vouchers, entitling their Clients or persons indicated by them to use the Partner's Service on terms specified in advance by them, with electronically assigned information on the value of the voucher ("Gift Card"). In particular, the Gift Card may be in the form of an e-mail or PDF (or other) document.
- The Gift Card is offered by Partners in the System through dedicated functionality. Before issuing a Gift Card, it must be paid for by the Customer. The Customer prepares the Gift Card by an external electronic payment provider. Booksy does not process any information, including personal data, regarding payments made in connection with the payment of the Gift Card.
- Partners are solely responsible for the sale, transfer and implementation of the Gift Card and for the proper performance of the Service covered by the Gift Card.
- The payment operator's commission for making a payment to purchase a Gift Card does not charge the Customer.
- The rules on which the Gift Card is made available and implemented are specified by the Partner in the content of the offer or regulations made available by them in the System. In particular, the Partner may specify:
- what Service, scope or type of Partner Services the Gift Card applies to;
- value of the Gift Card expressed in currency;
- discount (e.g. Gift Card costs £100/€100, but authorises to use the Service worth £120/€120);
- the validity period of the Gift Card, i.e. the period for which the Gift Card can be used;
- whether the Gift Card is personal or bearer's;
- if the Service is used for a price lower than the value of the Gift Card, the remaining amount is forfeited or remains to be used;
- Is it possible to use a Partner Service with a price higher than the value of the Gift Card or the amount remaining to be used by paying an additional payment;
- rules and dates for returning a Gift Card;
- if the Gift Card may be blocked if it is lost;
- additional elements, e.g. priority in booking dates or the possibility or not being able to take advantage of certain promotions.
- The rules set by the Partner on which the Gift Card is made available and implemented shall not exclude or limit:
- universally binding provisions, including provisions protecting consumers;
- chargeback refund rules set out in relevant regulations of banks or payment card / credit card operators / providers.
- The Gift Card cannot be exchanged for cash without the consent of the Partner.
VII. Publishing opinions on the System
- The Customer has the option of posting opinions about Partners and the Services they provide in the System, providing them with a signature (nickname) or customer data. By posting opinions in the System, the Customer agrees to the publication of opinions and their data.
- Opinions about Partners may relate only to their professional activities and Services rendered.
- The customer is solely responsible for published content.
- The customer undertakes that:
- They will have all rights to the content constituting the opinions published by them, including copyrights, or that he will have the necessary rights
- they consent to their publication - thereby authorising third parties, including in particular Booksy, to use them to the extent described in the Regulations;
- will not publish false or intentionally misleading opinions;
- that it will not include advertising, marketing or content containing so-called product placement;
- their opinions will not violate the law, personal rights or the principles of social coexistence, in particular that: they will not contain vulgar and offensive expressions, refer to private and family life and call for the use of violence or hatred, including racial, religious or ethnic, homophobic, or contain defamatory content.
- Booksy has the right to refuse to publish an opinion, and to remove a published opinion if it is contrary to the Regulations or legal provisions.
- Booksy is not responsible for the content of reviews published by customers.
- Upon posting the content in the System, the Customer grants Booksy a non-exclusive, free license to use the content posted in the System in accordance with the Regulations, including the use of the image, in the following fields of exploitation known at the time of granting the license:
- in the field of recording and reproduction of a work - production of copies of the work using a specific technique, including digital technique, magnetic recording, and printing and reprographic technique;
- in the scope of trading the original or copies on which the work has been recorded - placing on the market the original or copies of the work;
- in the scope of distributing the work in a manner other than specified in point b. - public performance, exhibition, display, playback, broadcasting and rebroadcasting, as well as making the work available to the public in such a way that everyone can have access to it at the place and time chosen by them, including sharing the work on the Internet.
- The scope of the license indicated in paragraph 7 above includes Booksy's right to use content within the System - to ensure the functioning, promotion and advertising of the System and content posted on the System by third parties and to inform about the operation of the System - also after the Customer resigns from using the System and after deleting the Customer Account.
- If the content published by the Customer contains the image of the Customer or a third party, upon posting such content in the System, the Customer grants Booksy free consent to use the above mentioned image, in particular for the promotional and marketing purposes of Booksy and the Partner, on the principles and fields of exploitation specified in paragraph 7-8 above.
- The Customer bears full liability for damages against Booksy for all damages incurred by Booksy in connection with placing in the System the content published by the Customer and the use of Booksy by the content under the terms of the license and consent referred to in paragraph 7-9 above.
VIII. Booksy's rights and responsibility
- Booksy is not responsible for:
- interruptions in the functioning of the System resulting from reasons beyond its control, in particular those constituting force majeure;
- functioning of ICT systems and telecommunications networks when making payments by customers via the System;
- technical problems or difficulties related to the operation of computer or telecommunications equipment that impede or prevent the use of the System or services offered through it;
- the authenticity, reliability, correctness and completeness of data and information placed in the System by Users and transferred between Users via the System;
- damages caused by Users in connection with their improper performance or non-performance of contracts accepted via the System;
- damages caused by Users due to violation of third party rights;
- damages caused by the actions of third parties for whom Booksy is not responsible;
- damages caused in connection with the sale and provision of Services via the System, in particular Services rendered improperly, without complying with the required standards, violating the law or not having the offered properties;
- damages caused in connection with the Users 'inability to accept contracts via the System and in connection with Users' insolvency;
- damages incurred by customers in connection with the blocking or removal from the Account System in connection with the violation by the Customers of the provisions of the Regulations or generally applicable law.
- Booksy is liable to Customers only for damages incurred by Customers as a result of using the System.
- Booksy is entitled to partially or completely disable the functioning of the System in order to carry out its repair or improvements without having to inform Customers in advance. In the event of complete deactivation of the System, an appropriate message will be published on the Booksy website.
- Booksy, in accordance with Data Protection Act 2018 on the provision of electronic services:
- is not responsible for stored data if it is not aware of the unlawful nature of the data or related activities, and if it receives official notification or reliable information about the unlawful nature of the data or related activities, it will immediately prevent access to such data,
- if he receives an official notification of the unlawful nature of the stored data provided by the Customer and prevents access to such data, he shall not be liable to the Customer for any damage resulting from preventing access to such data,
- if he receives an official notification of the unlawful nature of the stored data provided by the Customer and prevents access to such data, he shall not be liable to the Customer for any damage resulting from preventing access to such data,
IX. Complaints about System malfunction
- Irregularities in the operation of the System can be advertised by customers by appropriate Booksy notification.
- Complaints regarding the operation of the System should be reported by e-mail to the following address: firstname.lastname@example.org.
- Booksy reserves the right to request the advertiser to provide information or explanations when it is required to consider the complaint.
- The complaint will be considered within 30 days of its receipt and resolved within a maximum of 8 weeks.
- A response to the complaint will be sent to the e-mail address assigned to the Customer's Account or to the address of residence indicated in the complaint submitted in writing.
X. Complaints about Services provided by Partners
- Complaints about non-performance or improper performance of Services should be directed directly to the Partners. Partner's data necessary to file a complaint, including the correct postal address or email address, are available in the Partner's profile in the System.
- Complaints about the Services provided by Partners submitted to Booksy will be forwarded to individual Partners, about which the Customer will be notified by e-mail to the Customer's e-mail address provided during Registration or when submitting a complaint.
- The Partner shall be responsible for considering complaints regarding the Services on terms consistent with generally applicable law.
XI. Technical requirements
- In order to use the System on a computer, it is necessary to have devices that allow access to the Internet, e-mail and a web browser. The use of Booksy services via the System requires an active Internet connection. Using the System on a mobile device requires a functional mobile device with the current Android or iOS system. The customer should, on his own responsibility and on his own responsibility, ensure that the technical requirements of the mobile device are met, its configuration, software update and access to the Internet. The cost of buying a mobile device, other devices that allow access to the Internet, and the cost of connecting to the Internet is borne entirely by the customer.
- Particular threats related to the use of the Application by Customers include providing login data to unauthorised persons who may intentionally change the configuration of the Customer Profile. Therefore, it is recommended to keep secret system passwords, as well as separate configuration of access to the Application for the Partner's employees.
XII. Personal data. Privacy
- Booksy attaches particular importance to respecting customer privacy.
- The customer is obliged to update his personal data, in particular on his Profile, Account or in the System.
- The Customer, entering his data in the System:
- agrees that his name and photo provided by them in the Profile will be available to all Internet users;
- Partners will contact them directly to the e-mail address or phone number provided by them during Registration.
- When creating an Account, the Customer may express appropriate consent regarding the processing of personal data and electronic communication for other purposes, including the performance of the contract accepted with Booksy.
- The essence of the System and Business Application is to enable Partners to provide Services to Customers and to enable Customers to use Partner Services while promoting the services offered by Booksy and Partner Services. Therefore, Booksy and Partner process Clients' personal data for their own purposes, therefore they are separate controllers of their personal data. When the Customer uses the Application to book a Partner service:
- a contract is accepted between the Customer and the Partner for the Customer to provide Services to the Customer,
- The Customer may additionally grant the Partner consent in the Application to process his personal data (for electronic communication, profiling) for purposes other than to perform the contract with the Customer,
- Booksy provides the Partner via the Application with the Customer's personal data needed to provide Services to that Customer,
- The Partner becomes the administrator of the personal data of such a Customer, therefore he is obliged to comply with the principles set out in the GDPR and bears responsibility under the provisions.
- Due to the fact that the essence of the System's operation is making a Service Booking, which involves the need to confirm the Booking and the deadline for the Service, after making the Booking, the Customer will receive via the System, e-mail / push correspondence or sms messages containing the above mentioned confirmation. These confirmations do not contain marketing or commercial content, only information about the Booking.
- When the Partner will use the tools available as part of Booksy's services (e.g. visit calendar, reminders, marketing) - Booksy will, to the extent necessary, process Client's data on the terms set out in the agreement with the Partner - in accordance with art. 28 GDPR - contract entrusting the processing of personal data, and the Partner will continue to be the administrator of his personal data.
- The purposes for which the Partner will be able to process the Customer's data will depend on whether and what consents the Customer has given the Partner to process his personal data, whether these consents have not withdrawn or did not object to the processing of his personal data by the Partner.
- Detailed information on the legal basis and purposes of Booksy's processing of Customers' personal data is available here.
XIII. Final Provisions
- Booksy reserves the right to change the Regulations. The changes will be published in the form of a uniform text together with information about their implementation on the website www.booksy.com.
- Booksy will inform the Customer about the change made to the Regulations by e-mail sent to the e-mail address associated with the Customer's Account or by internal correspondence addressed to the Customer directly to the Account in the System, 14 days before their entry into force.
- The Customer may not accept changes to the Regulations by requesting deleting the Account within 7 days. In the absence of such a request, it is assumed that the Customer has accepted the changes.
- The Regulations enter into force on 17th of September 2020.
- Previous versions of the Regulations are available here.
- The following attachments are integral parts of the Regulations:
- Annex 1 to the Regulations of the Booksy for Business Application "Model statement on withdrawal from the contract".
Annex 1 to the Regulations of the Booksy Application for Customers
Model declaration of withdrawal from the contract
Booksy UK limited liability company
29 The Old Printworks Commercial Road, Eastbourne, BN21 3XQ
I, the undersigned, hereby inform about my withdrawal from the contract for the use of the Booksy Application for Customers.
The date of conclusion of the contract: __________________________
Consumer name and surname: _____________________
Consumer Address: ____________________________
Consumer's signature (only if the form is sent in paper version)