Bookar Terms of service
Terms and Conditions for Bookar
1. Agreement
These terms and conditions ("Agreement") are entered into between Vitara Commerce Ltd ("Supplier") and the entity subscribing to the Bookar platform ("Customer"). By using Bookar, the Customer agrees to be bound by this Agreement.
2. Definitions and Interpretation
1. Definitions
In these terms and conditions, unless the context otherwise requires, the following terms shall have the meanings ascribed to them:
a. "Bookar": The Website as a Service (WaaS) platform provided by Vitara Commerce Ltd.
b. "Supplier": Vitara Commerce Ltd, whose registered office is at Unit 25, Leeward Rd, Preston, Lancashire, PR2 2TE, United Kingdom.
c. "Customer": The entity subscribing to the Bookar platform and entering into this agreement.
d. "Services": The functionalities and features provided by the Bookar platform, including but not limited to online booking for auto repair and maintenance services.
e. "Order Form": The document detailing specific terms, charges, and other relevant information agreed upon between the Supplier and the Customer.
f. "Personal Data": Any information relating to an identified or identifiable natural person as defined by Data Protection Legislation.
g. "Data Protection Legislation": The General Data Protection Regulation (GDPR), the Data Protection Act 2018, and any other applicable data protection laws.
2. Interpretation
a. The singular includes the plural and vice versa, and a reference to any gender includes all genders.
b. Headings are included for ease of reference only and shall not affect the interpretation or construction of these terms.
c. References to clauses, paragraphs, or schedules are to clauses, paragraphs, or schedules of these terms.
d. Any reference to a statute, statutory provision, or regulation includes a reference to that statute, statutory provision, or regulation as amended, re-enacted, or replaced from time to time.
e. Any phrase introduced by the terms "including," "include," "in particular," or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding or following those terms.
These Definitions and Interpretation provisions form an integral part of the overall terms and conditions for the use of Bookar.
3. Bookar – Website as a Service (WaaS)
a. Bookar is a Website as a Service (WaaS) platform provided by Vitara Commerce Ltd for online booking of auto repair and maintenance services.
4. Contractual Details
a. The initial contract term is 12 months, followed by a rolling monthly contract cancellable at any time.
5. Vehicle Identification
a. The platform allows users to identify their vehicles by connecting to a 3rd party vehicle information provider. The Supplier includes 2000 lookups per month in the price. Subsequent lookups are billed at £0.08 per lookup.
6. Jurisdiction and Applicable Laws
a. This Agreement is governed by the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales.
7. Warranties and Liability
a. The Services are provided on an "as-is" basis. The Supplier does not warrant uninterrupted or error-free operation.
b. The Supplier's liability is limited to the greater of £10,000 or 100% of the charges paid in the last 6 months prior to the cause of action.
c. Certain liabilities, such as for death or personal injury caused by negligence, fraud, or breach of statutory terms, cannot be limited.
8. Limited Warranty
a. Each party warrants the authority to enter and perform obligations. The Supplier warrants the Services' performance and professional manner.
9. Data Protection
a. The Customer is the Controller, and the Supplier is the Processor of Personal Data. The Supplier shall process Personal Data only for providing Services, in accordance with instructions and applicable laws.
b. The Supplier may engage sub-Processors, ensuring compliance with data protection laws.
c. Customer grants Supplier a license to process and use Customer Content as necessary for providing Services and improving Supplier's products.
10. Support and Maintenance
a. Hosting, maintenance, and customer support are included. Support services are provided by the Supplier by telephone, chat, and email within normal business hours.
11. Payment Terms
a. Customer shall pay all charges confirmed in the Order Form upon receipt of the invoice.
b. All payments are non-refundable and non-cancellable. Late payments may result in suspension or termination.
12. VAT and Taxes
a. Charges are exclusive of VAT. Customer shall reimburse Supplier for applicable Taxes.
13. Compliance and Auditing
a. Pricing is determined based on various factors. Supplier may audit Customer’s account to ensure compliance with agreed-upon terms and pricing.
14. Future Functionality
a. Continued payment does not guarantee future functionality or features.
15. General
a. These terms include provisions related to anti-bribery, force majeure, inadequacy of damages, relationship of the parties, subcontracting, non-solicitation, modification and amendments, waiver, severability, compliance with laws, third-party rights, assignment, notice, governing law & jurisdiction, and entire agreement/survival.
b. These terms constitute the entire agreement between the parties and supersede prior understandings.
16. General Terms
a. Anti-bribery
Each Party shall comply with all applicable laws, regulations, codes, and sanctions relating to anti-bribery and anti-corruption in England, including but not limited to the Bribery Act 2010. Breach of this paragraph shall be deemed a material breach under paragraph 15.
b. Force Majeure
Neither party shall be liable for any delay or failure to perform their respective obligations under this Agreement due to a Force Majeure Event. If the Force Majeure Event prevents the Supplier from providing any of the Services for more than 90 days, the Customer may terminate this Agreement.
c. Inadequacy of Damages
The parties acknowledge that damages alone may not be an adequate remedy for any breach. The parties shall be entitled to the remedies of injunction, specific performance, or other equitable relief for any threatened or actual breach.
d. Relationship of the Parties
Supplier is an independent contractor and not an employee, agent, joint venturer, or partner of Customer. Nothing in this Agreement shall create an employer-employee relationship.
e. Subcontracting
Either party may subcontract its obligations under this Agreement with the other party's prior consent.
f. Non-Solicitation
Customer shall not, without Supplier’s prior written consent, engage or solicit for employment any employee, agent, or contractor of Supplier involved in this Agreement during the Term.
g. Modification and Amendments
Supplier may modify this Agreement to reflect changes in law, Platform, or Services. Customer should regularly review the Agreement. Continued use of the Platform constitutes acceptance of modified terms.
h. Waiver
The failure to exercise a right shall not constitute a waiver. A waiver of a breach shall not operate as a waiver of a subsequent breach.
i. Severability
If any provision of this Agreement is found illegal, invalid, or unenforceable, the legality, validity, or enforceability of the remainder shall not be affected.
j. Compliance with Laws
Both Parties shall comply with all applicable laws, statutes, and regulations in connection with their performance under this Agreement.
k. Third-Party Rights
The Agreement does not give rise to any rights under the Agreements (Rights of Third Parties) Act 1999 to enforce any term.
l. Assignment
Neither party may assign its rights and obligations without the other party's prior written consent.
m. Notice
Any notice shall be in English, in writing, and delivered to the other party by hand or recorded delivery to the address set out in the Order Form.
n. Governing Law & Jurisdiction
This Agreement is governed by laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.
o. Entire Agreement / Survival
This Agreement constitutes the entire agreement between the Parties. Certain provisions survive termination, as outlined in paragraph 15.
These terms are effective as of [Date]. Use of Bookar implies acceptance of these terms. For more details, visit our website or contact [email protected].
