A. “Booka” means Booka Technologies Limited, with registered company number 707488 having its registered office at Ground Floor, 71 Lower Baggot Street, Dublin, D02 P593 Ireland.
B. Booka is a mobile application on iOS and Android and web application that gives the user instant access to find, book and pay for the best performers and event service providers on the Booka Platform(the “Platform”).
D. Reference to “Performance” means the service the Supplier has agreed to by accepting a booking on the Platform.
E. References to “Supplier” means the owner/service provider on the Platform which includes bands, djs, musicians, entertainers, food & beverage providers or other event service provider of any description featured on the Platform. This list is not exhaustive and can change at Booka’s discretion
F. References to “we”, “us” or “our” are to Booka and references to “you” or “your” are to you, a Supplier to the Platform, including any person who we reasonably believe is acting with your authority or knowledge.
G. Booka may modify the form and content of the Platform and/or Terms at any time, and such modification shall be effective immediately upon posting of the modified content and/or Terms on the Platform and your continued use of or access to this Platform will be deemed to indicate your acceptance of the modified content and/or Terms.
H. As a condition of using the Platform, you warrant that all information you supply is true, accurate, current and complete; you will safeguard any account information; you are 18 years of age or older in order to register for an account and contribute to the Platform; and you have the authority to agree to these Terms.
1.1. Booka acts as an intermediary only in respect of all bookings made through the Platform. By proceeding to book Suppliers and/or other services through the Platform, you accept that you will be entering into a contract with the Supplier.
1.2. You accept that Booka have not in any way selected, participated or inputted into your event selection or in respect of the arrangements you have made with the Supplier.
1.3. Where you, or any of the people or entities that you are booking on behalf of, are in breach of any the provisions of these Terms or in contravention of any laws or rights of a third party, we reserve the right to, inter alia, cancel your booking without refund or compensation and to recover from you any costs incurred as a result of your behaviour.
1.4. You understand that we may not have conducted any quality or other checks on the Suppliers and that we make no representations about the suitability of the Supplier and/or services offered for sale through the Platform. The inclusion or offering for sale of Suppliers and/or services by Booka does not constitute an express or implied endorsement or recommendation by Booka of such Suppliers or services. We do not guarantee the accuracy of, and expressly disclaim liability for any inaccuracies relating to, the Suppliers and services offered for sale through us. It is your responsibility to carry out any necessary due diligence in respect of any Supplier found via the Platform.
1.5. Any information placed on the Platform relating to Suppliers including, inter alia, details of the Supplier, the availability of dates from the Supplier, the price of the Supplier, the services available, any accreditations afforded to the Supplier and/or details relating to any other services advertised on the Platform have been placed on the Platform by the Suppliers and/or service providers who are independent businesses and are not agents or employees of Booka. Such information does not constitute any advice or a recommendation by Booka and Booka shall have no liability to you in respect of your use of a Supplier sourced via the Platform nor in respect of any inaccuracies or errors in the Suppliers profile contents or any of its elements. It is your responsibility to confirm all details with the Supplier.
1.6. Suppliers provide the services in accordance with their own terms and conditions which may limit or exclude their liability to you. Booka is not liable for any acts, omissions, breaches or negligence of any such Suppliers or any damages or expenses you suffer resulting from your engagement of a Supplier via the Platform, Suppliers are independent businesses and not affiliates of Booka and/or its agents. Booka shall have no liability to you for any refunds in the event of overbooking or force majeure or any other cause beyond their control. Any deposits paid to Booka are non-refundable.
1.7. Booka acts only as an intermediary between you and the Suppliers. Booka has no responsibility for any errors except where those errors were made by Booka.
1.8. Booka has no responsibility for and shall have no liability to you for misrepresentation, breaches of contract, breaches of statutory duty or negligence of any of the Suppliers. This means that in the event of you suffering personal injury, illness or death as a result of any act or omission of a Supplier (or their employees or agents) or you having any complaint about the quality of the services provided or having any complaint at all, your sole right of redress will be against the Supplier who provided such service and Booka will be under no liability at all (whether in contract, tort or otherwise).
1.9. Nothing in these Terms shall operate to exclude or limit the liability of Booka for its fraudulent misrepresentation or death or personal injury caused by its negligence or any other liability that cannot be legally excluded.
1.10. “Force Majeure” includes, but is not limited to, war, revolution, terrorist act, closure of borders, epidemic, pandemic, governmental restrictions, natural catastrophe, industrial disputes, technical failure or other causes that seriously affect the Platform or the services and other unforeseeable causes beyond Booka’s control.
1.11. Booka will have no liability to you for any changes, cancellation, effect on your booking, loss or damage suffered by you or for any failure by the Suppliers and/or Booka to perform or properly perform any of our respective obligations to you due to a Force Majeure. A Force Majeure will not be cause for a refund, any refunds will be at the sole discretion of Booka.
1.12. If any part of these Terms limiting or excluding liability is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.
2.1. Unless otherwise stated, we or our licensors own the intellectual property rights in the Platform and material and content on the Platform (including, but not limited to, text, images, web pages, logos, sounds, layouts, software (including code, interface and Platform structure), materials, icons, video, look and feel, design and compilation thereof). Subject to the licence below, all these intellectual property rights are reserved and you may not use intellectual property identifying or belonging to Booka contained on the Platform or otherwise without the prior written approval of Booka.
2.2. All goodwill arising in connection with the Platform or www.booka.ie including from your use of same shall belong to Booka.
2.3. You agree not to specifically target the Booka brand directly through keyword purchases that use Booka’s intellectual property rights.
2.4. You also agree not to engage in any web scraping activity, including web data extraction or data scraping of Booka’s website, any such activity is a breach of these Terms.
3.1. Booka may suspend access to the Platform with no obligation to reimburse or compensate you for the period in which access was suspended. We may also change, modify, substitute, suspend or remove without notice any information or service from time to time.
3.2. You may view and download for caching purposes only from the Platform for your own personal use, subject to the restrictions below.
3.3. You may only make legitimate enquiries or bookings for yourself or another person or entity for whom you are legally authorised to act.
3.4. You must not:
3.4.1. republish material from this Platform (including republication on another Platform);
3.4.2. sell, rent or otherwise sub-license material from the Platform;
3.4.3. show any material from the Platform in public;
3.4.4. reproduce, modify, duplicate, sell, lease, market, copy or exploit material on our Platform for a commercial purposes, of any party or third party;
3.4.5. breach the intellectual property rights – including removal of trademark, copyright or other proprietary notice - of Booka or others;
3.4.6. edit or otherwise modify any material on the Platform in any way that causes, or is likely to cause, the Platform to be damaged or impaired;
3.4.7. make any unauthorised, false or fraudulent booking;
3.4.8. use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform including, but not limited to, uploading or making available files containing corrupt data or viruses by whatever means;
3.4.9. take any action that imposes an unreasonable or disproportionately large load on the Platform or related infrastructure;
3.4.10. if a Supplier is contacted within the Platform and either you or the Supplier attempt to complete the transaction outside of the Platform your access to the Platform will be terminated. Exchanging personal information such as email address, phone number, social media contact or any other means by which contact may be made outside of the Platform is prohibited.
3.4.11. Booka has the right at all times to monitor chat interaction on the Platform (including, but not limited to, message interactions, documents or other media) sent between users. Any attempts by a you to engage a Customer with a view to agreeing a Performance outside of the Platform in return for Payment will constitute a breach of these Supplier Terms and will result in your immediate termination from the Platform.
4.1. By submitting content to the Platform by email, postings on the Platform or other means, you grant Booka a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to:
4.1.1. use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform any submissions throughout the world in any media;
4.1.2. use the name that you submit in connection with any submissions. Booka does not edit or control user messages posted to or distributed on this Platform, including through chat rooms, bulletin boards or other communication forums, and will not be in any way responsible or liable for such messages
4.2. By using any interactive area of the Platform, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through or on the Platform any of the following:
4.2.1. any false, unlawful, misleading, libelous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, privacy-invading, abusive, inflammatory, fraudulent or otherwise unlawful or objectionable content;
4.2.2. private information of any third party;
4.2.3. content which may expose Booka or users or Suppliers to any harm or liability of any type therefrom.
4.3. Booka takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or by any third party, or for any loss or damage arising therefrom, nor is Booka liable for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter via the Platform. Booka reserves to right to remove any content in our absolute discretion in the event we believe a breach of these Terms has occurred.
4.4. Booka will prompt you to submit reviews to the Platform which will be approved by the Booka team, such reviews will relate solely to a Supplier you have booked through the Platform. Booka can withhold publication and/or withdraw reviews at any time.
Special requests can be communicated to the Supplier in our chat function. Should a special request be accepted by the Supplier, Booka cannot guarantee the request will be met by the Supplier and shall have no liability to you in the event that it is not met.
7.1. Search for your chosen Supplier category, location of your event, type of your event and date of your event, select your preferred Supplier and proceed to the final booking page. Please ensure that you carefully check the date, the price, the location, FAQ’s and relevant cancellation policy and the Suppliers details before proceeding with your booking. Bookings can only be made by following the online booking procedure.
7.2. Bookings cannot be altered or edited once made. Booka shall have no liability to you for any mistakes, errors or losses incurred or suffered by you due to the Supplier refusing a refund or due to the loss of the non-refundable Platform charge.
8.1. To confirm a booking, you must be authorised to make the booking and be over 18 years of age when the booking is made. By making the booking you also become responsible for making all payments due under the booking.
8.2. Booka will confirm your booking and issue you with an email confirmation. If you do not receive a confirmation email within 24 hours of your booking, please contact email@example.com.
8.3. The Supplier with which you enter into a contract will take payment through Stripe. This money will be held by Stripe until both parties confirm arrival of the Supplier at the event and completion of the Performance. Booka receives 10% of the cost of the Performance as a non-refundable Platform charge.
8.4. In the event that you call Booka by telephone, or are called by Booka about your booking, calls may be recorded for monitoring and training purposes. Booka reserves the right to review any call information.
9.1. If you wish to cancel your booking prior to your event date, please contact the Supplier via the Platform.
9.2. When making a booking through the Platform you will be made aware of the Suppliers cancellation policy which will either be:
9.2.1. A strict cancellation policy resulting in no refund at any time;
9.2.2. A moderate cancellation policy resulting in a full refund if cancelled by you no less than seven (7) days prior to the Performance.
9.3. In all circumstances where a Performance is cancelled by you or the Supplier, Booka’s ten percent (10%) Platform charge in respect of the cost of the service will be non-refundable.
9.4. If, for whatever reason, you do not turn up at your event on the booking date stated on your booking confirmation email, this shall be considered a cancellation.
9.5. If a Supplier cancels a Performance, you will receive a refund less Booka’s ten percent (10%) Platform charge.
9.6. When making a booking through the Platform, these Terms will supersede any terms or cancellation policies a Supplier may have in place.
10.1. You warrant that you have legal capacity and understand and agree that your use of the Platform creates a legally binding contract.
10.2. To access certain features of Booka you will need to create a password protected account. There is a guest feature that allows minimal access to browse acts. A password protected account must be created to avail of the services via the Platform.
10.3. Your password for this Platform is confidential to you and should not be disclosed to a third party.
10.4. You agree to provide accurate information during the registration of your account and at all other times and you agree to update your information and keep it accurate.
10.5. You accept sole financial responsibility for all transactions made under your name or account.
10.6. You hereby authorise Booka to process all Personal Information about you and the persons named on the booking.
11.1. Booka may at our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Booka account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you:
11.1.1. your account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your user content, or receive assistance from Booka support teams;
11.1.2. if appropriate in our sole discretion, we may communicate to other users that your account has been terminated, and why it has been terminated;
11.1.3. you will not be entitled to any compensation for Platform services or event services cancelled or delayed as a result of account termination.
11.1.4. You may de-activate your account at any time from within your account. Please note that if your account is de-activated, we do not have an obligation to delete or return to you any content you have posted to the Platform, including, but not limited to, any reviews, nor will you be entitled to a refund of any fees paid.
12.1. You indemnify and agree to hold Booka, and any of their officers, directors, employees and agents harmless from and against any claim, cause 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, brought by third parties as a result of:
12.1.1. your breach of these Terms;
12.1.2. your violation of any law or the rights of a third party;
12.1.3. your use of this Platform.
Booka operates on a notice and removal basis. If you have a complaint or objection to material or content posted on this Platform, please contact us immediately at firstname.lastname@example.org or flag the service in the app by clicking the report icon on the service page. Once this procedure has been followed, Booka will make all reasonable endeavours to remove illegal content within a reasonable timeframe.
14.1. In the event that you have any problems with your Supplier please inform the Supplier directly and immediately, to enable them to take appropriate action.
14.2. Booka shall have no liability or responsibility to you in respect of the resolution of any dispute between you and the Supplier. Any disputes shall be resolved between the parties.
14.3. In the event that you have a complaint or comment about the Platform, email us at email@example.com or alternatively you may contact Booka through the Platform.
You agree that Booka may provide you with notices by email, regular mail, or postings on the Platform at our discretion
It is your responsibility to ensure that you have in place adequate insurance for any event you choose to run. The insurance should cover, among other things, claims against you by Suppliers and/or third parties, the cost of cancellation by you, personal losses, all medical costs and any other losses that may occur including inter alia, claims, costs, expenses and/or damages that you may suffer. Booka shall have no responsibility in respect of this.
17.1. In the event that a provision of these Terms is found to be illegal or unenforceable, the remainder of these Terms will not be affected and the provision in question shall be deemed to be modified to the extent necessary to make it enforceable.
17.2. In the event of a delay by Booka in acting upon a breach of these Terms by you, that delay will not be regarded as a waiver of the breach. If we waive a breach of these Terms by you, that waiver is limited to the particular breach.
17.3. These terms will be governed by, and construed in accordance with the law of Ireland.
Get the latest news about product features, industry trends,inspiring event planning ideas and more fun content!