BOOKA TECHNOLOGIES LIMITED – CUSTOMER TERMS & CONDITIONS

ACCEPTANCE OF THESE TERMS & CONDITIONS

These Terms and Conditions (“Terms”) set out the terms by which we allow you to access and use this Platform (defined below). Please read carefully. By continuing to use the Platform (defined below), you agree to be bound by these Terms and acknowledge that you do so at your own risk. If you do not agree to the Terms contained here, you should cease using the Platform immediately.

INTRODUCTION

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”).
C. By using and/or visiting the Platformyou 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.
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, the user of 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. IMPORTANT INFORMATION

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. INTELLECTUAL PROPERTY RIGHTS

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. USE OF THE PLATFORM

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 Platformfor your own personal use, subject to the restrictions below.
3.3. You may only make legitimate enquiries or bookings for yourself or another person 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 Platformto 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 Platformincluding, 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. REVIEWS, PHOTOS AND OTHER INTERACTIVE AREAS

4.1. By submitting content to the Platformby 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.

5. LINKS

Booka may provide hyperlinks or pointers to other platforms or websites maintained by third parties. Booka does not monitor or endorse the material on them and does not accept any liability in relation to such platforms or websites.

6. SPECIAL REQUESTS

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. BOOKING SUPPLIERS AND OTHER SERVICES

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.
7.3. To make a booking you will be asked to submit personal information about yourself such as your name, email address, telephone number and card details and location of the event which may be a personal address (“Personal Information”). Whenever you provide such Personal Information, Booka will collate and use such Personal Information in accordance with the Booka “Privacy Policy”. Please read this in full before providing any Personal Information to Booka. By providing such information you agree to the Privacy Policy.

8. CONFIRMATION

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 hello@booka.ie.
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. CANCELLING OR AMENDING A BOOKING

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; or
    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. RESPONSIBILITY

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.
10.7. 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.

11. TERMINATION

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; and,
    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. INDEMNIFICATION

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.

13. NOTIFICATION AND REMOVAL POLICY

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 hello@booka.ie 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. COMPLAINTS AND PROBLEMS WITH YOUR SUPPLIER

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 hello@booka.ie or alternatively you may contact Booka through the Platform.

15. NOTICES

You agree that Booka may provide you with notices by email, regular mail, or postings on the Platform at our discretion

16. INSURANCE

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. ENFORCEABILITY, LEGISLATION AND COURTS OF JURISDICTION

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.

BOOKA TECHNOLOGIES LIMITED – SUPPLIER TERMS & CONDITIONS

ACCEPTANCE OF THESE SUPPLIER TERMS AND CONDITIONS

These Supplier Terms and Conditions (“Supplier Terms”) set out the terms by which we allow Suppliers to access and use this Platform. Please read these carefully. By continuing to use the Platform (defined below), you acknowledge that you agree to be bound by these Supplier Terms. If you do not agree to the Supplier Terms contained here, you should cease using this Platform immediately.

INTRODUCTION

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. “Customer” means a user using the Platform to book a Supplier.
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. References to “Supplier” means you, the owner/provider of the service on the platform which includes bands, djs, musicians, entertainers, food & beverage providers or other event service provider of any description featured on this Platform. This list is not exhaustive and can change at Booka’s discretion.
E. 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.
F. “Payment” means the amount of money agreed to be paid by the Customer to the Supplier for the Performance.
G. “Performance” means the service the Supplier has agreed to supply in exchange for Payment by accepting a booking via the Platform.
H. “Stripe” means the Stripe payment processing platform for the internet.

1. ACCOUNT MAINTENANCE

You agree that you will maintain accurate details in respect of pricing and keep your availability up to date at all times when using the Platform. Failure to do so may result in your suspension or termination from the Platform.

2. INTELLECTUAL PROPERTY RIGHTS

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. USE OF THE PLATFORM

3.1. You shall not offer any unauthorised, unregulated, illegal or fraudulent Performances and/or bookings. 
3.2. Booka may suspend your access to the Platform with no obligation to reimburse you 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 relating to you or others from time to time. 
3.3. If Booka terminates your account on the Platform in the foregoing circumstances, all Payments and future bookings for your future Performances may be refunded to the Customer by Booka (at its sole discretion). If a Customer is contacted within the Platform and either you or the Customer attempt to complete a transaction outside of the Platform your account may be terminated immediately by Booka (at its sole discretion). 
3.4. Exchanging personal information such as email address, phone number, social media contact or any other means by which contact may be made outside the Platform is prohibited and may result in Booka exercising its rights under clause 2.3.

4. PAYMENT

4.1. All Payments will be processed through Stripe. Suppliers must sign up using Stripe Connect through the Platform. Booka receives ten percent (10%) of the Payment for the Performance as a non-refundable Platform charge.
4.2. A deposit percentage of the Payment is set by you on the Platform. This is released to your wallet on the Platform once you have reached the location of the Performance, and your arrival has been confirmed by the Customer through the Platform. The balance of your Payment is released to your wallet on the Platform within seventy two (72) hours of the Performance.
4.3. Booka reserves the right to introduce a commission charge as a percentage of your Performance Payment. Should this be introduced, you will receive a notification through the Platform.
4.4. Booka reserves the right to introduce alternative methods of charging in the future such as, but not limited to, a subscription fee for the use of the Platform. Should these alternative methods of charging be introduced, you will receive a notification through the Platform.
4.5. In respect of clause 4.3 and 4.4 above should you continue to use the Platform having been notified of the changes, your acceptance of such changes will be implied from such continued use and such changes will thereafter form part of these Supplier Terms. If you don’t accept the changes, don’t use the Platform.
4.6. You agree that you will be solely responsible and liable for the collection, remittance and payments of any or all taxes, charges, levies, assessments and other fees of any kind imposed by governmental or other authority in respect of your Performances.

5. TRAVEL, INSURANCE, SUBSISTENCE AND ACCOMMODATION

Booka will not be responsible for arranging any travel, insurance cover, food and drink and accommodation necessitated by your Performance and will bear no responsibility for any expenses associated with such arrangements. All such expenses are your sole responsibility.

6. YOUR CONDUCT

6.1. You agree not to do anything while on the premises where your Performance is to take place or in your interaction with Customers that is illegal or otherwise likely to cause complaint from the Customer, premises owner, operator or guests, including, but not limited to, taking illegal drugs or deliberately injuring or threatening any person. If you do any of those things, this will inter alia entitle us to terminate your account immediately and require a refund from you within seven working days of all fees paid to you for the Performance. 
6.2. If you list your Performance at the incorrect price and seek to take the additional payment outside of the Platform or send custom offers for substantially less than your Performance while reducing the commission that Booka receives you may be suspended or have your account terminated. Determination as to whether such a breach has occurred will be at the discretion of Booka. 
6.3. 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. 
6.4. Multiple postings within the Platform from the same Supplier for the same service is not permitted and may result in suspension or termination of your account.

7. CONTENT OF THE PERFORMANCE

7.1. Garda vetting is required for all Suppliers working in an environment where children and/or vulnerable adults are present. Under the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016, the Garda vetting process must be completed by you before engaging in such an environment. Booka accepts no liability arising from the failure of any Supplier to meet this requirement. 
7.2. You agree that your Performance will not contain material that infringes the copyright or any other rights of a third party (including any right of confidentiality or privacy) nor be obscene, blasphemous or defamatory in nature and that if a Performance does so, we shall be entitled to stop the Performance immediately.

8. RECORDING AND TRANSMISSION OF THE PERFORMANCE

8.1. You will be solely responsible for agreeing any recording and transmission policy with the Customer prior to your Performance. In the absence of an agreement, your consent to recording and transmission of your Performance by the Customer will be implied. 
8.2. Booka reserves the right to re-publish and/or share any images, recordings, transmissions of your Performance, posted on social media for its promotional purposes and by using the Platform you agree to such use.

9. PUBLICITY AND PROMOTION

Any content you uploaded to the Platform may be used by Booka for promotional purposes.

10. CANCELLATION

10.1. Upon registering your service on the Platform, you will have the option of choosing one of two cancellation policies in respect of each Performance. 
10.2. Suppliers may cancel a Performance at any time, this will result in refund to the Customer less the ten percent (10%) Platform charge regardless of the Suppliers’ cancellation policy. 
10.3. Platform charges are non-refundable in the event that you cancel your Performance. 
10.4. Booka reserves the right to cancel any Performance at its own discretion. In the event that this should occur, you will be notified through the Platform. 
10.5. By accepting a booking through the Platform, these Supplier Terms will supersede any terms or cancellation policies you may have in respect of your Performance.

11. LIABILITY

You hereby acknowledge and agree that Booka shall have no liability whatsoever to you or to a third party in contract, tort (including negligence) or otherwise for any loss of goodwill, business, revenue or profits (whether reasonably foreseeable or not) in respect of your use of the Platform, your Performances, and any agreement entered into between you and a Customer of the Platform.

12. INDEMNITY

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 Supplier Terms;
12.1.2. your violation of any law or the rights of a third party;
12.1.3. your use of this Platform.

13. FORCE MAJEURE

13.1. ”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. 
13.2. If you are prevented from giving a Performance due to a Force Majeure, any refunds will be at the sole discretion of Booka. 
13.3. If any part of these Supplier Terms limiting or excluding liability is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.

14. CHANGES TO THESE SUPPLIER TERMS

14.1. Booka may need to change these Supplier Terms to reflect changes in the law or best practice or to deal with additional features or provisions which we introduce. 
14.2. We will use our reasonable endeavors to give you advance notice of any change by sending you an email with details of the change or notifying you of the change when you next use the platform. 
14.3. If you continue to use the Platform having been notified of the changes, your acceptance of those changes will be implied. You agree that these changes will form part of these Supplier Terms.

15. INSURANCE

It is your responsibility to ensure that you have in place adequate insurance before your Performances. The insurance should cover, among other things, claims against you by customers 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.

16. COMPLIANCE

You shall at your own cost and expense comply with all laws, regulations, industry codes and guidance relating to your activities as a provider of a service on the Platform, as they may change from time to time, and with any conditions binding on it in any applicable licences, registrations, permits and approvals.

17. DISPUTE RESOLUTION

Booka accepts no liability or responsibility for the resolution of any dispute between you and the Customer. Any disputes must be resolved between the parties.

18. GOVERNING LAW

These Supplier Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection therewith shall be governed by and construed in accordance with the law of Ireland.

19. JURISDICTION

You and agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Supplier Terms or their subject matter or formation