Bookable
Terms and Conditions

Last Revised: July 19th, 2024

We Are Bookable Terms of Use Agreement ("Agreement") is entered into between you ("User" or "you") and We Are Bookable Limited, doing business as We Are Bookable ("We Are Bookable" or the "Company"), and governs your access to and use of (a) the We Are Bookable website ("Site"), (b) the web application available through the Site and (c) all services, content, tools, features, and functionalities offered on or through the Site and web application (collectively, the "Service").

1. Acceptance of Terms

   1. By accessing or using any portion of the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind such entity to this Agreement.

2. Eligibility; Authorization to Access and Use the Service

   1. Subject to your compliance with this Agreement, We Are Bookable authorizes you to access and use the Service solely for your personal, non-commercial use. You may not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) modify, copy, distribute, transmit, reproduce, or create derivative works of the Service or any content made available thereon; (c) reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Service; (d) use the Service to engage in benchmarking or competitive analysis; (e) use the Service to create a competitive product; or (f) access or use the Service in any way not expressly permitted by this Agreement. You shall also comply with any codes of conduct, policies or other notices the Company provides you or publishes in connection with the Service.

3. User Conduct

   1. You agree to use the Service in compliance with all applicable laws, regulations, and this Agreement. Furthermore, you shall adhere to the following guidelines and restrictions:

      (a) You shall not engage in any activity that may interfere with or disrupt the functioning of Service, including but not limited to:

      • Introducing viruses, malware, or any other harmful or disruptive code.
      • Attempting to gain unauthorized access to any systems, networks, or accounts related to the Service.
      • Engaging in any form of hacking, data mining, or unauthorized data collection.
      • Interfering with or bypassing any security measures or access controls of the Service.

      (b) You shall not infringe upon the rights of others, including but not limited to: - Violating intellectual property rights, including copyright, trademarks, patents, or trade secrets. - Engaging in any form of unauthorized copying, distribution, or reproduction of materials. - Posting, transmitting, or sharing any content that is defamatory, obscene, offensive, or unlawful. - Impersonating any person or entity, or falsely representing your affiliation with any person or entity.

   2. You acknowledge and agree that We Are Bookable has the right to monitor and review your use of the Service to ensure compliance with this Agreement. If We Are Bookable, in its sole discretion, determines that you have violated any provision of this Agreement or engaged in any prohibited conduct, We Are Bookable may take appropriate actions, including but not limited to: (a) Issuing warnings or notices regarding your conduct; (b) temporarily or permanently suspending or terminating your access to the Service; (c) removing or modifying any of Your Content that violates this Agreement or (d) taking legal action, if necessary, to enforce this Agreement or protect the rights of We Are Bookable and other users.
   3. We Are Bookable reserves the right to report any suspected illegal activities or violations of this Agreement to the appropriate authorities and cooperate with law enforcement agencies in investigating such matters.

4. Your Content

   1. You are solely responsible for all data, images, information, text, content and other materials that you upload, deliver, provide or otherwise transmit or store (hereafter "provide") in connection with or relating to your use of the Service, including any web pages that you create using the Service ("Your Content"). By providing Your Content on or through the Service, you hereby grant the Company (and our third party partners and service providers) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with providing the Service to you. You agree that the foregoing includes a right for us to make Your Content available to, and pass the foregoing rights to, others with whom the Company has contractual relationships related to the provision of the Service, solely for the purpose of providing the Service, and to otherwise permit access to or disclose Your Content to third parties if the Company determines such access is necessary to comply with our legal obligations. Additionally, the Company may generate and use technical logs, data and learnings about your use of the Service and Your Content in aggregate, anonymized form to operate, improve, analyze and support the Service and other products and services of the Company and for other lawful business purposes. By providing Your Content through the Service, you represent and warrant that you have all rights, licenses, consents, and/or permissions necessary to grant the rights granted herein to Your Content.

5. Fees and Billing

   Section 5 is applicable to users of the Site for the utility of creating events. Section 5 is not applicable to users of the Site for the utility of booking events.

   1. By using the Service to open an account and create event(s), credit bundle(s), or membership(s), you agree to pay the Company a fee of 2% (hereafter "Service Fee") on all payments you receive for event(s), credit bundle(s), or membership(s) purchased using the Service. Any increases in the Service Fee will be notified to you by e-mail or other notice (such as when you log into your account).
   2. By using the Service and selecting the option 'Customers pay online', you authorise the Company to deduct the Service Fee directly from the payments received for event(s), credit bundle(s), or membership(s) being purchased using the Service.
   3. By using the Service and selecting the option 'Customers pay later', and subsequently adding a payment card, you authorise the Company to charge your payment card the Service Fee. The Service Fee will be charged weekly on Mondays for the aggregate Service Fee accumulated over the previous week's (Monday - Sunday) event bookings.
   4. You may edit your payment card by logging onto the Site and editing it in your payment settings. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the payment card. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
   5. You are also responsible for all third-party charges and fees associated with using the Site, including but not limited to, the fees charged by Stripe for payment processing.

6. Privacy Policy

   1. Your use of the Service is subject to We Are Bookable's Privacy Policy, which explains how We Are Bookable collects, uses, and protects your personal information. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

7. Intellectual Property Rights

   1. All intellectual property rights in the Service, including but not limited to trademarks, copyrights, and patents, belong to We Are Bookable or its licensors. You shall not use, copy, reproduce, or distribute any intellectual property of We Are Bookable without obtaining the necessary permissions or licenses.

8. Disclaimers

   1. We Are Bookable does not promise that the Service, or any functionality or feature of the Service will be error-free or uninterrupted, or that any defects will be corrected. The Service is delivered on an "As-is" and "As-available" basis. All information provided on the Service is subject to change without notice. We Are Bookable cannot ensure that any files or other data you download from the Service will be free of viruses or contamination or destructive features. We Are Bookable disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. We Are Bookable disclaims any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of Service. You assume total responsibility for your use of the Service and any linked sites. Your sole remedy against We Are Bookable for dissatisfaction with the Service is to stop using the Service. This limitation of relief is a part of the bargain between the parties. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
   2. Events and any other products and services made available via the Site are provided by third parties (and the descriptions of the foregoing posted on the site are provided by such third parties), not We Are Bookable. You agree that your use of the site and attendance at, participation in, purchase and/or use of any events is solely at your own risk. We do not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to the site and/or events.
   3. In no event shall We Are Bookable be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with a user's attendance, use of or participation in an event, or product, or the performance or non-performance of any third party. We Are Bookable provides access to organiser's events. We Are Bookable is not otherwise connected to, nor is an agent of any third party with which a user has made a booking. Without limiting anything herein, We Are Bookable disclaims all warranties, whether statutory, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, related to any events, activities, or other services offered by organisers via the site.
   4. Unless otherwise expressly stated by We Are Bookable, all aspects of or content or features made available through the site and/or events are provided "as is" and "as available" without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, We Are Bookable, its suppliers and partners disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
   5. Unless otherwise expressly stated by We Are Bookable, We Are Bookable, its suppliers and partners do not warrant or make any representations (i) that the Site and/or any event is suitable for you or will meet your personal needs, (ii) regarding the adequacy or safety of any event or recommendation, (iii) that the Site and/or any event, or any aspect thereof, will be available or permitted in your jurisdiction, (iv) that the site, or any aspect thereof will be uninterrupted or error-free, that defects will be corrected, or that the site and any downloadable software, content, services, or applications made available in conjunction with or through the site or the server that makes them available are free of viruses or other harmful components, or (v) regarding the use of the Site and any downloadable software, content, services, or applications made available in conjunction with or through the site in terms of correctness, accuracy, reliability, or otherwise. You understand and agree any material or data that you download or otherwise obtain through the use of the Site is at your own discretion and risk and that you will be solely responsible for any injury, loss or damages, including damage to your computer system or loss of data that results from the download of such material or data.

9. Limitation of Liability

   1. To the fullest extent permitted by applicable law, We Are Bookable shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses arising out of or in connection with your use or inability to use the Service.
   2. We accept no liability for the negligence of third parties, including that of any organisers or experienced at the events you may have booked on the Site.

10. Indemnification

    1. You agree to indemnify, defend, and hold harmless We Are Bookable and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Service, your violation of this Agreement, or your violation of any rights of another party.

11. Waiver

    1. You understand that We Are Bookable is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and the events they make available are operated and delivered by the applicable organiser and not by We Are Bookable. We Are Bookable is not responsible for the quality of any event provided by an organiser or third party. You are solely responsible for determining whether the event available through the site is right for you. You understand that We Are Bookable is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and the events they make available are operated and delivered by the applicable organiser and not by We Are Bookable. We Are Bookable is not responsible for the quality of any event provided by an organiser or third party. You are solely responsible for determining whether the event available through the site is right for you. You understand that there are certain inherent risks and dangers in exercising and that the events you may attend or participate in offer a range of activity and intensity levels. By using We Are Bookable (including but not limited to attending, running, or participating in an event), you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness, loss and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm.

    You acknowledge and agree that it is your responsibility to consult with your physician or other health care professional prior to using We Are Bookable (including but not limited to attending, running, or participating in an event) and to determine if and how participating is appropriate for you. Do not attend events if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately. You also understand and agree that the Site can contain fitness and related information that is designed for informational, educational and entertainment purposes only. Nothing stated or posted on or otherwise available through any aspect of the site and/or an event is intended to be, and must not be taken to be, the practice of medical, professional or counselling care. You should not rely on any information on or through the Site and/or an event as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health or fitness level, you should always consult a physician or other health-care professional. Do not ever disregard, avoid or delay obtaining medical or health-related advice from your health-care professional because of something you may have read or heard on or through the Site and/or an event. The use of any of the content, recommendations and information provided on or through We Are Bookable is solely at your own risk.

    The Site is continually under development and We Are Bookable makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. Therefore, to the fullest extent permitted by law, you release, We Are Bookable, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of the Site and/or attendance at, running of, participation in, purchase of and/or use of any event, including but not limited to with respect to bodily injury, physical harm, loss, illness, death or property damage.

12. Venue Waivers and Terms

    1. Users booking and subsequently attending events made available through the Site are deemed to agree to the liability waivers and terms of event organisers. Your participation in any event may be subject to additional policies, rules or conditions of the applicable event organiser and you understand and agree that you may not be permitted to reserve or attend events or services if you do not comply with these terms or the policies of the events or as otherwise determined by organisers. If you have questions about a venue's waiver or other terms, please see the applicable venue's website or contact the venue directly.

13. Termination

    1. We Are Bookable may, at its sole discretion, terminate or suspend your account and access to Service at any time without prior notice, for any reason or no reason. Upon termination, your right to access and use the Service shall cease immediately.

14. Third-Party Links and Services

    1. The Site may include links to other websites or services ("linked sites") solely as a convenience to users. We Are Bookable does not endorse any such linked sites or the information, material, products, or services contained on other linked sites or accessible through other linked sites. Furthermore, We Are Bookable makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the site are solely between you and such third party. You agree that We Are Bookable will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the site.

15. Account Security

    1. Certain features or services offered on or through the Service may require you to open an account, including setting up a We Are Bookable ID and password. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any activity that occurs under your account. You agree to notify We Are Bookable immediately of any unauthorized use of your account or password or any other breach of security. We Are Bookable shall not be liable for any loss or damage arising from your failure to comply with these obligations.

16. Feedback

    1. You may submit ideas, suggestions, or comments ("Feedback") regarding the Service or the Company's business, products, or services. By submitting any Feedback, you acknowledge and agree that:
       1. Your Feedback is provided voluntarily and the Company may use and exploit such Feedback in any manner and for any purpose.
       2. You will not seek or be entitled to any compensation, consideration, or attribution with respect to your Feedback, regardless of whether the Company considered or used your Feedback.
       3. Your Feedback is not confidential or proprietary information of you or any third party.

17. Modification and Changes to the Service

    1. The Company reserves the right to modify, suspend or terminate the Service at any time and without prior notice. The Company may do so for any reason, including but not limited to technical issues, legal compliance, or operational considerations.
    2. The Company may update this Agreement and the terms and conditions from time to time to reflect changes in the Service or applicable laws. If the Company does this, it will post the changes on this page and will update the "Last Revised" date at the top of the page of this Agreement. You can review the most current version of this Agreement at any time at /terms/terms-and-conditions. The Company will use commercially reasonable efforts to notify you of any material changes thirty (30) days prior to any such material changes taking effect, either through the Service user interface, a pop-up notice on the Site, email via the email address associated with your account, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If any change to this Agreement is not acceptable to you, you must cease all access or use of the Service.

18. Governing Law and Jurisdiction

    1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any action or proceeding arising out of or relating to this Agreement shall be exclusively subject to the jurisdiction of the courts of England and Wales.

19. Miscellaneous

    1. This Agreement, including any additional terms and conditions referenced herein, constitutes the entire agreement between you and We Are Bookable regarding your use of the Service, superseding any prior agreements or understandings, whether written or oral. The failure of the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may not assign this Agreement without the prior written consent of the Company, but the Company may assign or transfer this Agreement, in whole or in part, without restriction. The section titles in this Agreement are for convenience only and have no legal or contractual effect. As used in this Agreement, the words "include" and "including," and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words "without limitation." Notices to you may be made via either email or regular mail. The Company will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond the Company's reasonable control.

20. Questions? Concerns? Suggestions?

    Please contact us at support@wearebookable.com to report any violations of this Agreement or to pose any questions regarding this Agreement or the Service.