Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1.1 Bookura: the sole proprietorship NIO Media, trading under the name Bookura, located at Roomweg 68, 7523 BR Enschede, the Netherlands, registered in the trade register under number 69855773, being the operator of the Platform.

1.2 Platform: the online software-as-a-service (SaaS) solution offered by Bookura with which Customers can create and manage a public booking page, including features for appointment management, events, gift cards, waitlists, and invoicing.

1.3 Customer: the natural person or legal entity that enters into an agreement with Bookura for the use of the Platform, such as a salon, hairdressing salon, beauty salon, or similar service provider.

1.4 End User: a third party who books an appointment or conducts a transaction through the Customer's booking page.

1.5 Agreement: the agreement between Bookura and the Customer for the use of the Platform.

1.6 Platform Fee: the fee charged by Bookura for the use of the Platform, as further specified in the Agreement or on the Bookura website.

1.7 Mollie: Mollie B.V., an independent payment service provider with which Customers can integrate for processing payments.

1.8 Content: all information, texts, images, treatments, prices, and other data placed by the Customer on the Platform.

1.9 Gift Card: a digital voucher that can be purchased by an End User through the Customer's booking page and redeemed for services at the respective Customer.

1.10 Event: an activity offered by the Customer through the Platform for which End Users can register and purchase tickets.

Article 2 – Applicability

2.1 These terms and conditions apply to all offers, quotations, agreements, and services of Bookura, unless expressly agreed otherwise in writing.

2.2 The applicability of any purchase or other conditions of the Customer is expressly rejected.

2.3 By using the Platform or by entering into an Agreement, the Customer declares to have read and agreed to these terms and conditions.

2.4 If one or more provisions in these terms and conditions prove to be null or voidable, the remaining provisions shall remain in full force. Bookura and the Customer will consult to agree on a replacement provision that approximates the intent of the original provision as closely as possible.

Article 3 – Services

3.1 Bookura provides the Customer with a Platform that allows the Customer to create and manage a public booking page. The Customer can make treatments, services, available times, events, and gift cards publicly accessible through this booking page.

3.2 Bookura acts solely as a facilitator and is not a party to the agreements concluded between the Customer and End Users. The Customer is fully responsible for the execution of booked appointments, events, gift cards, and the quality of the services offered.

3.3 Bookura does not guarantee that the Platform will be available at all times or free of errors. The Platform is offered on an "as is" and "as available" basis.

3.4 Bookura reserves the right to modify, expand, restrict, or (temporarily) suspend the Platform at any time, without the Customer being entitled to any compensation.

Article 4 – Payments and Mollie Integration

4.1 The Platform offers the possibility to integrate with Mollie for offering payment methods to End Users, including for appointments, events, and gift cards. This integration is optional and can be set up by the Customer.

4.2 Bookura is not a party to the payment transactions between the Customer and End Users and bears no financial responsibility or liability for these transactions. Full financial responsibility for payments, refunds, chargebacks, fraud, and disputes lies with the Customer and/or Mollie.

4.3 By using the Mollie integration, the Customer enters into a direct agreement with Mollie. Mollie's terms and conditions and privacy policy apply to this relationship. Bookura is not responsible for Mollie's services.

4.4 The Customer indemnifies Bookura against all claims, costs, damages, and liabilities arising from or related to payment transactions, including but not limited to chargebacks, fraud, refund requests, and disputes with End Users.

4.5 Bookura is not liable for any damage arising from disruptions, errors, or interruptions in the payment services of Mollie or other third parties.

4.6 The Platform offers optional integrations with accounting packages such as Moneybird and e-Boekhouden. By using these integrations, the Customer enters into a direct agreement with the respective service provider. Bookura is not responsible for the services provided by these third parties.

Article 5 – Platform Fee

5.1 For the use of the Platform, the Customer owes a Platform Fee to Bookura. The amount of the Platform Fee is stated on the Bookura website or in the Agreement.

5.2 Bookura is entitled to unilaterally modify the Platform Fee. Bookura will notify the Customer in writing (including by email) at least thirty (30) days before the effective date of the change.

5.3 If the Customer does not agree with the modified Platform Fee, the Customer has the right to terminate the Agreement as of the date on which the modification would take effect. In the absence of timely termination, the Customer is deemed to have accepted the modified Platform Fee.

5.4 All amounts stated are exclusive of VAT, unless expressly stated otherwise.

Article 6 – Customer Obligations

6.1 The Customer guarantees that all Content placed on the Platform is accurate, complete, and not misleading, and is in accordance with all applicable laws and regulations.

6.2 The Customer is responsible for obtaining and maintaining all necessary permits, licenses, and insurance required for conducting their business activities.

6.3 The Customer will not place Content that infringes on the rights of third parties, including intellectual property rights, or that is otherwise unlawful.

6.4 The Customer is responsible for keeping login credentials secure and bears the risk of unauthorized use of their account.

6.5 The Customer will not use the Platform for unlawful purposes and will comply with all applicable laws and regulations, including the General Data Protection Regulation (GDPR).

Article 7 – Prohibited Use

7.1 The Customer is prohibited from using the Platform for activities that violate the law, public order, or good morals, or that are harmful to Bookura, other users, or third parties.

7.2 The Customer is expressly prohibited from:

using the Platform for sending spam or unsolicited commercial messages;
distributing viruses, malware, or other harmful software;
disrupting the operation of the Platform or attempting to gain unauthorized access to Bookura's systems;
collecting or using data from other users without permission.

7.3 In case of violation of this article, Bookura is entitled to immediately block the Customer's access to the Platform or terminate the Agreement with immediate effect, without the Customer being entitled to restitution or compensation.

Article 8 – Intellectual Property

8.1 All intellectual property rights relating to the Platform, software, design, functionalities, and documentation rest exclusively with Bookura or its licensors.

8.2 The Customer only obtains a non-exclusive, non-transferable, and revocable right to use the Platform for the duration of the Agreement.

8.3 The Customer retains all rights to the Content they post. By posting Content, the Customer grants Bookura a non-exclusive, worldwide, royalty-free license to use, reproduce, and display this Content solely to the extent necessary for the performance of the services.

8.4 The Customer is not permitted to copy, modify, reverse-engineer, or otherwise use the Platform other than for its intended purpose.

Article 9 – Privacy and Data Processing

9.1 Bookura processes personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable privacy legislation. Bookura's privacy policy can be found on the website.

9.2 Insofar as Bookura processes personal data on behalf of the Customer in the context of the services, Bookura acts as a processor within the meaning of the GDPR. In that case, the parties will conclude a data processing agreement.

9.3 The Customer, as the data controller, is responsible for the lawful processing of personal data of End Users and for compliance with the GDPR and other applicable legislation.

9.4 The Customer indemnifies Bookura against all claims from End Users or supervisory authorities arising from the Customer's non-compliance with applicable privacy legislation.

Article 10 – Liability

10.1 Bookura's liability is limited to direct damages and is in all cases limited to the amount paid by the Customer to Bookura in the six (6) months preceding the damage-causing event, with a maximum of €500.

10.2 Bookura is never liable for indirect damage, consequential damage, loss of profit, missed savings, damage due to business interruption, loss of data, or reputational damage.

10.3 Bookura is not liable for damage arising from:

incorrect or incomplete information provided by the Customer;
the malfunctioning or improper functioning of the Platform due to circumstances beyond Bookura's control;
acts or omissions of third parties, including Mollie;
unauthorized use of the Customer's account.

10.4 The Customer is fully responsible and liable for the relationship with End Users, the execution of booked appointments, and the quality of their services.

10.5 The limitations in this article do not apply if the damage is the result of intent or gross negligence on the part of Bookura.

Article 11 – Indemnification

11.1 The Customer indemnifies Bookura, its directors, employees, and agents against all claims, demands, damages, costs, and liabilities (including reasonable legal costs) arising from or related to:

the Customer's use of the Platform;
Content placed by the Customer;
the relationship between the Customer and End Users;
payment transactions and financial disputes;
the Customer's breach of these terms and conditions;
the Customer's infringement of third-party rights.

11.2 This indemnification obligation remains in force after termination of the Agreement.

Article 12 – Duration and Termination

12.1 The Agreement is entered into for an indefinite period, unless agreed otherwise in writing.

12.2 The Customer may terminate the Agreement at any time with a notice period of one (1) month. Termination must be made in writing (including by email).

12.3 Bookura is entitled to terminate the Agreement with immediate effect if:

the Customer acts in violation of these terms and conditions;
the Customer fails to meet their payment obligations;
the Customer is declared bankrupt or applies for suspension of payments;
Bookura decides to discontinue the Platform.

12.4 Upon termination of the Agreement, the Customer's right to use the Platform ends immediately. Bookura is not obligated to retain data or Content after termination.

12.5 Platform Fees already paid will not be refunded, unless Bookura decides to discontinue the Platform. In that case, a pro-rata refund will be made for the remaining period.

Article 13 – Force Majeure

13.1 Bookura is not obligated to fulfill any obligation if prevented from doing so as a result of force majeure. Force majeure includes: disruptions in telecommunications infrastructure, disruptions at hosting or cloud providers, cyber attacks, disruptions at third parties (including Mollie), government measures, natural disasters, war, terrorism, epidemics, and other circumstances beyond Bookura's control.

13.2 If the force majeure situation continues for more than three (3) months, both parties are entitled to dissolve the Agreement without any compensation being due.

Article 14 – Amendment of Terms

14.1 Bookura reserves the right to amend these terms and conditions. Amendments will be announced at least thirty (30) days before they take effect via email or through the Platform.

14.2 If the Customer does not agree with the amended terms, the Customer may terminate the Agreement as of the date on which the amendment takes effect. Continued use of the Platform after the amendment takes effect constitutes acceptance of the amended terms.

Article 15 – Applicable Law and Disputes

15.1 The Agreement and these terms and conditions are exclusively governed by Dutch law.

15.2 Disputes arising from or related to the Agreement will be exclusively submitted to the competent court in the Overijssel district.

15.3 Before submitting a dispute to the court, the parties will endeavor to resolve the dispute through mutual consultation.

Article 16 – Final Provisions

16.1 If any provision of these terms and conditions proves to be null or voidable, this does not affect the validity of the remaining provisions.

16.2 Failure by Bookura to exercise or enforce any right or provision under these terms does not constitute a waiver of that right or provision.

16.3 The Customer is not entitled to transfer rights and obligations from the Agreement to third parties without prior written consent from Bookura.

16.4 These terms and conditions constitute the entire agreement between the parties regarding the subject matter hereof and supersede all prior arrangements, negotiations, and agreements regarding this subject matter.

Contact Details

NIO Media (trading as Bookura)
Roomweg 68
7523 BR Enschede
The Netherlands
Chamber of Commerce: 69855773
Email: legal@niomedia.nl