Terms & Conditions

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. Our customer service team are available on hello@booka.ie, available on Monday – Friday from 09:00- 17:00.

C. 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. By using and/or visiting the Platform you agree to these Terms and Conditions and the Privacy Policy (these “Terms”), and you expressly consent and agree to be bound by the terms and conditions and all applicable laws and regulations that govern the Platform and your booking. If you disagree with any part of the Terms, you must not use the Platform.

E. Reference to “Performance(s)” means the service the Vendor has agreed to by accepting a booking on the Platform.

F. References to “Platform” shall mean the Booka booking Platform to find and book event Vendors.

G. Reference to “Service(s)” means the activities available on the Platform that are additional to Performances.

H. Reference to “Stripe Platform” means the online payment processing Platform to facilitate payments for bookings.

I. References to “Vendor(s)” means the owner/Service provider on the Platform which includes but is not limited to bands, DJs, musicians, entertainers, wellness providers, team building services, food & beverage providers or other event Service provider of any description featured on the Platform. This list is non- exhaustive and can change at Booka’s discretion.

J. Booka may modify the form and content of the Platform and/or Terms at any time, and such modification shall be effective immediately upon the posting of the modified content and/or Terms on the Platform. Your continued use of or access to this Platform will be deemed to indicate your acceptance of the modified content and/or Terms.

K. As the Client, you warrant that the person entering these conditions on your behalf has the requisite authority to do so and has the authority to bind your company to the obligations set forth herein.

L. You warrant that all information supplied by you is accurate, current, and complete and that you will protect any account information.

1.1. Booka provides the Platform for you to enter into bookings with the Vendor. By proceeding to book Vendors, Performances and/or other Services through the Platform, you accept that you will be entering into a contract with the Vendor.

1.2. You accept that any recommendations received by you from Booka have not in any way selected or inputted into your selection of the Vendor.

1.3. These Terms set out the entire agreement and understanding between the Parties in respect of all matters which are referred to herein. Both Parties warrant and represent that in entering these Terms they have not relied on any statement of fact or opinion made by another Party which has not been expressly included in these Terms.

1.4 While Booka aims to include the highest quality Vendors on the Platform and aims to obtain identity verification from Vendors, you understand that Booka makes no representations about the suitability of the Vendor and/or Services offered for sale through the Platform. The inclusion or offering for sale of Vendors, Performances and/or Services by Booka does not constitute an express or implied endorsement or recommendation by Booka of such Vendors, Performances, and/or Services. We do not guarantee the accuracy of, and expressly disclaim liability for any inaccuracies relating to, the Vendors, Performances and Services offered for sale through Booka. It is your responsibility to carry out any necessary due diligence in respect of any Vendor found via the Platform.

1.5. Booka acts only as an intermediary between you and the Vendors. Booka has no responsibility for any errors except where those errors are found to be the fault of Booka.

1.6. Any information placed on the Platform relating to Vendors including, inter alia, details of the Vendor, the availability of dates from the Vendor, the price of the Vendor, the Performances available, any accreditations afforded to the Vendor and/or details relating to any other Services advertised on the Platform have been placed on the Platform by the Vendors and/or Service providers who are independent businesses and are not agents, representatives or employees of Booka. Such information does not constitute any advice or a recommendation by Booka. Booka shall have no liability to you in respect of your use of a Vendor sourced via the Platform nor in respect of any inaccuracies or errors in the Vendors profile contents or any of its elements. It is your responsibility to confirm all details with the Vendor.

1.7. Vendors provide the Performances and 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 Vendors or any damages or expenses you suffer resulting from your engagement of a Vendor via the Platform, Vendors are independent businesses and not affiliates, representatives or agents of Booka. 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.

1.8. You accept that the Platform has been provided to you on an ‘as is’ basis.

1.9. 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 Vendors. This means that in the event of you suffering personal injury, illness or death as a result of any act or omission of a Vendor (or their employees or agents) or you having any complaint about the quality of the Performances and/or Services provided or having any complaint at all, your sole right of redress will be against the Vendor who provided such Performance and/or Services and Booka shall have no liability whatsoever (whether in contract, tort or otherwise).

1.10. Nothing in these Terms shall limit or exclude the liability of Booka for:

• Death or personal injury caused by the negligence of Booka, its officers, directors, representatives, employees and agents;
• Fraud, fraudulent misrepresentation, or any criminal act;
• Any liability that cannot be limited or excluded under applicable law.

1.11. Subject to clause 1.11, Booka shall not be liable under any circumstance to you for:

• Any loss of profits, sales, business or revenue in connection with your use of the Platform;
• Loss or corruption of data, information or software in your use of the Platform;
• Loss of business opportunity;
• Loss of goodwill or;
• Any indirect, special, incidental, or consequential loss whether or not such is foreseeable or contemplated by Booka.

1.12. “Force Majeure” including without limitation is, war, revolution, terrorist act, closure of borders, acts of god, epidemic, pandemic, governmental restrictions, natural catastrophe, industrial disputes, technical failure, compliance with any law or governmental order, rule, regulation or direction made under Irish Law, or other causes that seriously affect the Platform, Performances or the Services and other unforeseeable causes beyond Booka’s control.

1.13. Booka shall have no liability to you whatsoever for any changes, cancellation, effect on your booking, loss or damage suffered by you or for any failure by the Vendors and/or Booka to perform or properly perform any of our respective obligations to you due to a Force Majeure. The occurrence of a Force Majeure will not be a cause for refund, any refunds will be at the sole discretion of Booka.

1.14. You may not assign, transfer, or subcontract any or all your rights and obligations under these Terms to a member of your subsidiaries or affiliate group.

1.15. Both you and Booka shall adhere to the highest standard of ethics in the performance of your respective responsibilities and obligations set out in these Terms.

1.16. If any part of these Terms is found to be in whole or in part contrary to applicable laws, illegal, unreasonable or inapplicable by a court of law, the other parts shall remain in full force and effect.

2.1. Unless expressly stated otherwise, Booka and our licensors own all 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). Any content generated through the Platform shall remain the intellectual property of Booka. Nothing in these Terms shall vest in you any legal or beneficial right to any intellectual property rights owned by Booka or its licensors.

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.

3.1. In its sole discretion, Booka may suspend your 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 only make legitimate enquiries or bookings for the entity for whom you have the requisite authority to act and bind to the obligations contained herein.

3.3. You must not:

3.4. if a Vendor is contacted within the Platform and either you or the Vendor attempt to complete the transaction outside of the Platform your access to the Platform will be terminated. You are prohibited from exchanging contact information with the Vendor on the Platform and outside of the Platform. Such contact information is but is not limited to email address, phone number, social media contact or any other means by which contact may be made on the Platform and outside of the Platform.

3.5. Booka reserves the right to monitor chat interaction on the Platform (including, but not limited to, message interactions, documents, or other media) sent between users of the Platform.

3.6. Any attempts by you and/or your representative to engage as a customer outside of the Platform with a Vendor sourced from Booka for the purpose of agreeing a Performance shall result in a material breach of these Terms and will result in your termination from the Platform with immediate effect.

4.1. By agreeing to these Terms, you grant Booka a non-exclusive, non-transferable and sublicensable license to use your logo and/or trademark without notice in connection with Booka’s promotional materials. These promotional materials may include but are not limited to advertising, Booka’s website and Booka’s social media channels. Booka may use your logo and/or trademark alone or accompanied in connection with Booka’s promotional materials in Ireland and/or anywhere in the world.

5.1. 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:

5.2. 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:

5.3. 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.

5.4. 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 Vendor you have booked through the Platform. Booka can withhold publication and/or withdraw reviews at any time.

8.1. You will be required to register for a corporate account on Booka.

8.2. Following this registration, Booka will verify your corporate account.

8.3. Once verification has occurred, you will have access to your Booka corporate account.

8.4. A Platform charge shall be made by Booka at the time of your booking of a Vendor.

8.5. To complete a Vendor booking, please proceed with the following steps:

• search for your chosen Vendor category;
• location of your event;
• type of your event;
• Loss of goodwill or;
• date of your event; and
• select your preferred Vendor and proceed to the final booking page.

Please ensure that you have entered the correct date and location. It is you and/or your representative’s responsibility to take note of the price, FAQ’s, Vendor’s cancellation policy and the Vendor details prior to proceeding with your booking. Bookings may only be made in accordance with the online booking procedure set out under this section 8.

8.6. 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 Vendor refusing a refund or due to the loss of the non-refundable Platform charge.

8.7. To complete your booking, you will be asked to provide information about your business such as your entity name, designated email address, payment information and the location of the event which may be a private address (“Personal Information”). Whenever you provide such information, Booka will collate and use such information in accordance with the Booka “Privacy Policy”. In the provision of such information, you agree to be bound by the terms set forth in Booka’s Privacy Policy.

9.1. Payment must be made in full at the time of booking.

9.2. For invoicing, Booka will invoice you the total amount of the booking including Booka’s non-refundable Platform charge. Invoicing is facilitated through Stripe.

9.3. Card payments to Vendors are facilitated through Stripe. The amount paid will be charged by Stripe and taken in full. The amount shall then be held within the Stripe Platform until you and the Vendor confirm arrival of the Vendor at your event. Booka receives 5% of the cost of the Performance as a non-refundable Platform charge.

9.4. The hold by Stripe may only be held for a maximum of 90 days in accordance with Stripe’s payout terms. This hold by Stripe takes place on the Stripe Platform only. If your event is to be held more than 90 days after booking, your payment shall be held in a holding deposit account by Booka. This account shall hold the payment for the purpose of payment to the Vendor for their Performance only.

9.5. To confirm a booking, the person entering these Terms must have the requisite authority to do so on your behalf. The person making the booking must be aged 18 years and over at the time of when the booking is made. By making the booking you become responsible for making all payments due under the booking.

9.6. 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 us at hello@booka.ie.

9.7. In the event that you contact Booka by telephone, or are contacted by Booka about your booking, calls may be recorded for monitoring and training purposes. Booka reserves the right to review any call information.

10.1. If you wish to cancel your booking prior to your event date, please contact the Vendor via the Platform.

10.2. When making a booking through the Platform you will be made aware of the Vendors cancellation policy which will either be:

10.3. In all circumstances where a Performance and/or Services are cancelled by you or the Vendor, Booka’s Platform charge in respect of the cost of the Performance and/or Service remains non-refundable.

10.4. If and for whatever reason, you do not arrive at your event on the booking date stated on your booking confirmation email, this shall be considered an immediate cancellation.

10.5. In the event, a Vendor cancels a Performance, you will receive a refund less Booka’s Platform charge.

10.6. When making a booking through the Platform, in the event of any conflict between any terms or cancellation policies of the Vendor, these Terms will prevail.

11.1. Your use of the Platform creates a legally binding contract. You warrant that you and/or your representative has the legal capacity to enter into this legally binding contract.

11.2. 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.

11.3. Your password for this Platform is confidential to you and should not be disclosed to a third party.

11.4. 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.

11.5. You accept sole financial responsibility for all transactions made under your name or account.

11.6. You hereby authorise Booka to process all Personal Information about you and the persons named on the booking.

11.7. Personal Information collected by Booka shall be obtained, processed and transmitted in compliance with European Directive 95/46 and 2002/58, as well as any other such legislation that substitutes, complements and develops them. For more information, please refer to our Privacy Policy.

12.1. 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:

13.1. You indemnify and agree to hold Booka, and any of their officers, directors, representatives, 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:

14.1. Confidential information means all confidential information that is disclosed by ty or its representatives to the other party in connect with the Terms herein, including but not limited to:

14.2. The provisions of this clause shall not apply to any Confidential Information that:

14.3. Each party shall keep the other party’s Confidential Information secret and confidential and shall not use such Confidential Information except for the purposes of exercising or performing its rights and obligations under these Terms.

14.4. A party may disclose Confidential Information to the extent that such Confidential Information is required to be disclosed by law, by any governmental or regulatory authority or by a court of law.

16.1. In the event that you encounter any problems with your Vendor please inform the Vendor directly and immediately, to enable them to take appropriate action.

16.2. Booka shall have no liability or responsibility to you in respect of the resolution of any dispute between you and the Vendor.

16.3. In the event that you have a complaint or comment about the Platform, email us at hello@booka.ie or alternatively you may contact Booka through the Platform.

19.1. The Parties shall attempt to resolve any dispute or difference arising out of or relating to these Terms through conciliation.

19.2. Should the dispute not be resolved through conciliation, the dispute shall be referred to and finally resolved by arbitration under the provisions of the Arbitration Act 2010 and any statutory amendment or modification thereof, by a tribunal compromising one arbitrator.

19.3. The dispute may be referred to arbitration by either party. The seat of the arbitration shall be Dublin, Ireland. The law governing this arbitration shall be Irish law. The language of the arbitration shall be English.

19.4. The costs of any arbitration and the fees of the arbitrator shall be advanced in the first instance by the parties in equal shares. The arbitrator may award to the prevailing party in any arbitration the prevailing party’s fees and other costs in any such arbitration. The award of the arbitrator shall be final and binding on the parties and may be enforced in any court of competent jurisdiction.

20.1. If any part of these Terms is found to be in whole or in part contrary to applicable laws, illegal, unreasonable or inapplicable by a court of law, the other parts shall remain in full force and effect.

20.2. 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.

21.1. These Terms and any matter arising from these Terms are governed by the laws of Ireland.