Terms of Service

2.1 What We Provide

Ontime Bookings is a cloud-based booking management platform designed for service-based businesses including hair salons, spas, wellness providers, driving schools, and similar organisations. The Service includes but is not limited to:

• Multi-location booking management
• Staff and service management
• Customer contact and booking history
• Calendar and scheduling features
• Payment processing integration
• Email and notification management
• Basic analytics and reporting
• AI-powered booking features (natural language booking, predictive analytics)

2.2 Service Availability

We aim to maintain 99.5% uptime (excluding scheduled maintenance). However, we do not guarantee uninterrupted service. Downtime may occur due to:

• Scheduled maintenance (typically notified 48 hours in advance)
• Emergency security patches
• Infrastructure failures outside our control
• Force majeure events

We will not be liable for losses resulting from temporary service interruptions.

2.3 Limitations

The Service is provided "as is" and "as available." We do not guarantee:

• That the Service will meet your specific business requirements
• That third-party integrations will be continuously available
• That all features will be error-free or uninterrupted
• Recovery of deleted data

2.4 Feature Updates & Customer Requests – No Exclusivity Rights

• The Service is continuously updated with new features and improvements
• All features are available to all organisation users based on their level of subscription
• No features are exclusive to any individual customer or organisation, regardless of whether they requested the feature
• Feature requests do not grant requesting customers exclusive access or rights to requested features
• We may implement customer-requested features for all users at our sole discretion
• Customer feedback and suggestions help us improve the Service, but customers do not retain ownership or exclusivity rights over requested features

3.1 Creating an Organisation Account

To create an Organisation Account and use the Service, you must:

• Be at least 18 years of age (or have parental consent)
• Provide accurate, complete, and current information about your organisation
• Maintain the confidentiality of your login credentials
• Notify us immediately of any unauthorised access to your account

3.2 Organisation User Responsibilities

As an organisation user, you are responsible for:

• All activities conducted using your account
• Compliance with applicable laws and regulations in your jurisdiction
• Accuracy of booking information and customer data
• Use of the Service in accordance with these Terms
• Protecting end-customer data and privacy
• Notifying end-customers of our Privacy Policy

3.3 Account Security

You must:

• Use strong, unique passwords
• Enable two-factor authentication (if available)
• Log out from shared devices
• Not share your credentials with unauthorised persons

We are not liable for unauthorised access resulting from your failure to maintain account security.

4.1 Free Trial

We offer a free trial period (typically 14 days) that includes:

• Full platform access
• Limited to a specified number of bookings or users (as indicated at sign-up)
• No payment information required to commence

4.2 Paid Subscription

After the free trial expires, you may convert to a paid plan by:

• Selecting a subscription tier during or at the end of your trial
• Providing valid payment information via Stripe
• Agreeing to automatic monthly or annual billing

4.3 Pricing & Changes

• Current pricing is displayed on our website
• We may change subscription prices with 30 days' notice
• Price changes apply to new subscribers immediately and existing subscribers at their next renewal date
• You may cancel before the change takes effect to avoid the new price

4.4 Billing & Payment

• Subscriptions renew automatically on your billing date unless cancelled
• Payments are processed securely via Stripe
• Failed payments will trigger up to 3 automated retry attempts over 5 days
• If payment ultimately fails, we may suspend your account
• Invoices are provided electronically via email

4.5 Refunds & Cancellation

• Monthly Subscriptions: No refunds for partial months. You may cancel anytime; cancellation takes effect at the end of your current billing cycle.
• Annual Subscriptions: Full refunds available if you cancel within 14 days of purchase (Australian Consumer Law cooling-off period). After 14 days, cancellations take effect at the end of the annual term with no refund.
• Free Trial: No refund applies; trial simply expires.

To cancel, contact us at support@ontimebookings.com.au or use the cancellation option in your account settings.

4.6 No Refund for Service Suspension

We will not refund subscription fees if we suspend your account for breach of these Terms.

5.1 Prohibited Activities

You must not use the Service to:

5.2 Anti-Discrimination & Equality

You must comply with Australian anti-discrimination laws, including:

• Disability Discrimination Act 1992 (Cth)
• Sex Discrimination Act 1984 (Cth)
• Racial Discrimination Act 1975 (Cth)
• State-based anti-discrimination legislation

You may not use the Service to facilitate discrimination or exclusion based on protected attributes.

5.3 Compliance with Laws

You are solely responsible for ensuring your use of the Service complies with:

• Local, state, and federal laws in your jurisdiction
• Industry-specific regulations (e.g., health and safety for wellness providers)
• Privacy and data protection laws
• Consumer protection laws

6.1 Our Intellectual Property

All content, features, and functionality of the Service are the exclusive property of Ontime Bookings, including:

• Software code and algorithms
• Platform design and user interface
• Documentation and help materials
• Trademarks and logos
• AI-trained models and predictions

You may not copy, modify, or distribute our intellectual property without explicit written permission.

6.2 Your Content

You retain ownership of:

• Booking information and customer data you input
• Business names, descriptions, and promotional materials
• Photos and images you upload

By using the Service, you grant us a non-exclusive, worldwide license to store and process your content for service delivery and to use anonymised/aggregated data to improve the platform.

6.3 Third-Party Content

The Service may contain links to third-party websites or services. We are not responsible for third-party content, services, policies, or your use of them.

7.1 Limitation of Liability

To the extent permitted by Australian Consumer Law, our total liability to you for all claims arising from these Terms or your use of the Service is limited to:

• The total amount you paid for the Service in the 12 months preceding the claim, or
• If you have not paid (e.g., free trial), nil

7.2 Exclusion of Consequential Losses

We are not liable for loss of data, lost profits or revenue, loss of business opportunity, reputational harm, or indirect damages.

8.1 Statutory Guarantees

We provide guarantees under the Australian Consumer Law that:

• The Service will be provided with due care and skill
• The Service will be fit for the purposes you made known to us
• The Service will be completed within a reasonable time

8.2 Your Consumer Rights

If the Service fails to meet these guarantees, you have the right to:

• Repair or replacement (at no cost)
• Refund (if repair/replacement is not possible)
• Compensation for loss or damage

These rights cannot be excluded or limited by these Terms.

8.3 Remedy for Service Failures

If you believe the Service fails to meet these guarantees, contact us at support@ontimebookings.com.au. We will investigate and attempt to resolve within 30 days. If unresolved, you may pursue remedies through Australian Consumer Law or external dispute resolution.

9.1 Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, including:

• Implied warranties of merchantability or fitness for purpose (except as required by law)
• Warranties that the Service is error-free or uninterrupted
• Warranties that defects will be corrected
• Warranties regarding third-party integrations

9.2 Data Loss

We implement robust backup and disaster recovery procedures. However, you should:

• Maintain independent backups of critical data
• Regularly export your booking data
• Test recovery procedures

We will not be liable for data loss resulting from your failure to maintain backups.

10.1 Termination by You

You may terminate your account anytime by:

• Contacting support@ontimebookings.com.au
• Using the account closure option in your settings
• Requesting cancellation of your subscription

Termination is effective at the end of your current billing cycle (for paid plans) or immediately (for free trials).

10.2 Termination by Us

We may suspend or terminate your account if:

• You breach these Terms (including acceptable use policy violations) — immediate suspension
• You engage in illegal activity — immediate suspension
• Your account is inactive for 12 months, after providing at least 30 days' notice — allowing time to reactivate
• You fail to pay subscription fees after 30 days' notice — allowing cure period
• Required by law or regulatory authority — immediate suspension

10.3 Effects of Termination

Upon termination:

• Your access to the Service ceases immediately
• We will delete or anonymise your data according to our retention policy
• You remain liable for any fees incurred prior to termination
• Provisions that survive termination remain in effect (liability, confidentiality, dispute resolution)

10.4 Data Export Before Closure

Upon request and before final deletion, we will export your booking and customer data in a standard format (CSV) at no additional cost. You must request this within 30 days of account closure.

11.1 Privacy Compliance

Your use of the Service is subject to our Privacy Policy. The Privacy Policy explains what personal information we collect, how we use and protect your data, your privacy rights, and data retention procedures.

11.2 Data Controller Responsibilities

As an organisation user, you are responsible for:

• Informing end-customers of our Privacy Policy
• Obtaining necessary consents for data collection and processing
• Complying with privacy laws in your jurisdiction
• Responding to data subject access requests

11.3 Data Processing Agreements

For organisation users processing personal data of end-customers, we will provide a Data Processing Agreement (DPA) upon request that outlines roles as controller and processor, security measures, sub-processors, and data subject rights.

12.1 Confidential Information

You agree not to disclose confidential information (including our pricing, technical infrastructure, security measures) to unauthorised third parties.

12.2 Exceptions

You may disclose information if legally required, necessary to protect your rights or safety, or required by a court order (with prior notice to us where possible).

14.1 Governing Law

These Terms are governed by the laws of New South Wales and the Competition and Consumer Act 2010 (Cth). You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.

14.2 Dispute Resolution Process

If a dispute arises:

1. Direct Negotiation (14 days): Contact us at support@ontimebookings.com.au with details. We'll respond within 5 business days.
2. Escalation to Management (14 days): If unresolved, escalate to our management team for review.
3. Legal Proceedings: Either party may commence legal proceedings in District Court (claims under $100k) or Supreme Court (claims over $100k).

14.3 Jurisdiction for Small Claims

For disputes under $10,000, either party may elect the Small Claims Division of the Local Court of New South Wales for faster, lower-cost resolution.

15.1 Amendments

We may update these Terms to reflect changes in our services, legal or regulatory requirements, or to improve clarity and fairness.

15.2 Notice of Changes

We will notify you of material changes by email, posting on our website, or requesting explicit acceptance if required.

15.3 Your Rights Upon Changes

If you disagree with changes, you may terminate your account within 14 days of notification. For paid subscribers, we will provide a prorated refund for unused portions. Continued use indicates acceptance.

19.1 Customer Support

We provide customer support via email at support@ontimebookings.com.au.

Support Hours: Monday to Friday, 9:00 AM – 5:00 PM (AEDT/AEST)

Response Times: Urgent issues within 4 hours, standard inquiries within 24 hours, feature requests within 5 business days

19.2 Feedback & Suggestions

We welcome feedback. Any feedback you provide may be used without restriction and without compensation to you.

A.1 Trial Period

• Duration: Typically 14 days (specific dates provided at sign-up)
• Cost: Free (no payment information required)
• Features: Full platform access with limitations as specified

A.2 Trial Limitations

Free trials may include:

• Limited number of bookings (e.g., up to 100 bookings)
• Limited user accounts (e.g., up to 3 staff members)
• Limited locations (e.g., single location only)
• Restricted reporting or export features

A.3 Conversion to Paid Plan

At the end of your trial:

• You will receive a reminder to subscribe to a paid plan
• If you do not subscribe, your account will be deactivated
• Your data will be retained for 90 days before deletion
• You may request data export before deletion

A.4 No Auto-Billing

We will not automatically charge your payment method at the end of the trial. You must explicitly select and confirm a paid plan to convert.

A.5 Modification or Discontinuation of Free Trials

We may modify or discontinue free trials at any time, including:

• Changing trial duration (e.g., from 14 days to 7 days)
• Adjusting trial limitations or features
• Discontinuing free trials entirely for new sign-ups
• Applying modifications to existing active trials with reasonable notice

If we materially reduce trial features or discontinue your active trial, we will provide at least 7 days' notice before the change takes effect.