1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Booqyy platform ("Booqyy", "we", "our" or "us"), operated by Booqyy Pty Ltd (ABN 53560109085), based in Australia. Booqyy provides an online service allowing users to sign up and create rental stores that can be embedded or linked on their websites. These stores allow customers to rent equipment, tools, or other items and access them via automatically generated smart lock codes.

By using Booqyy, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not access or use our services.

2. Eligibility

You must be at least 18 years of age to use our services. By registering an account, you confirm you meet this requirement and have the authority to enter into these Terms.

3. Account Registration

You are responsible for all activities under your account. Keep your password secure. You agree not to share account credentials or allow others to access your account.

4. Platform Use and Conduct

Subject to these Terms, Booqyy grants you a limited, non-exclusive, revocable, and personal license to access and use the platform solely for business and informational purposes related to rentals.

Unless otherwise expressly indicated by Booqyy, all content displayed or made available on the platform, including without limitation, text, images, illustrations, designs, logos, domain names, service marks, software, scripts, and the selection, compilation and arrangement of any of the foregoing is owned by Booqyy, its affiliates, licensors and/or other third parties (“Platform Content”). The platform and all Platform Content are protected by copyright, trade dress, trademark, moral rights, and other intellectual property laws in Australia and international jurisdictions. All such rights are reserved.

All registered and unregistered trademarks, logos, and service marks are the property of Booqyy and/or their respective owners. Nothing displayed or accessed in connection with the platform shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed without the owner’s prior written permission, except as otherwise described herein.

Prohibited Uses

You are fully responsible for your activities while using the platform. You agree to comply with all applicable federal, state, and local laws and regulations. You must not:

• Violate these Terms or other applicable policies;
• Include sensitive personal information about yourself or others in any submission fields;
• Upload any harmful code or malware;
• Attempt to interfere with, disable or gain unauthorised access to Booqyy’s infrastructure;
• Use automated scraping tools or similar mechanisms without express permission;
• Impersonate another person or falsely represent affiliation with any entity;
• Use the platform for harassment, illegal activities, or fraud;
• Use Booqyy to send spam, bulk unsolicited emails, or any other form of abusive electronic communication;
• Collect or harvest user data for unsolicited marketing or phishing purposes;
• Attempt to do any of the above.

We reserve the right to monitor use of the platform, take legal action for violations, and suspend or terminate access as needed.

You are fully responsible for your activities while using the platform. You agree to comply with all applicable federal, state, and local laws and regulations. You must not:

• Violate these Terms or other applicable policies;
• Include sensitive personal information about yourself or others in any submission fields;
• Upload any harmful code or malware;
• Attempt to interfere with, disable or gain unauthorised access to Booqyy’s infrastructure;
• Use automated scraping tools or similar mechanisms without express permission;
• Impersonate another person or falsely represent affiliation with any entity;
• Use the platform for harassment, illegal activities, or fraud;
• Attempt to do any of the above.

We reserve the right to monitor use of the platform, take legal action for violations, and suspend or terminate access as needed.

5. Item Access and Lock Code Generation

Booqyy provides automated smart lock code generation for compatible hardware. You acknowledge and accept responsibility for verifying the functionality and safety of your locks. Booqyy is not liable for loss, theft, or damage due to improper lock use.

6. Payments and Fees

Users may be charged a monthly subscription or transaction-based fees. All payments are handled through secure third-party payment processors. Fees are non-refundable unless required by law.

Booqyy enforces the use of PCI-certified payment providers (e.g., Stripe) for all financial transactions. Any user who bypasses these mechanisms, including but not limited to using manual entry or Mail Order / Telephone Order (MOTO) payments that do not comply with PCI DSS standards, assumes full responsibility and liability for any breach, loss, claim, or regulatory penalty that may arise.

Booqyy explicitly disclaims all liability in relation to any user conduct that violates PCI compliance, including MOTO use, and reserves the right to suspend or terminate accounts that fail to adhere to these payment security standards.

You agree to pay all applicable fees for your use of Booqyy services in a timely manner. Failure to make timely payments may result in suspension or termination of your access to the platform, and Booqyy reserves the right to recover any outstanding debts through appropriate means, including collection agencies or legal action. You are solely responsible for any charges incurred through your account and any applicable taxes, duties, or other governmental charges.

Booqyy may update pricing at any time. Users will be notified of any changes that affect their current subscriptions before the renewal date.

Users may be charged a monthly subscription or transaction-based fees. All payments are handled through secure third-party payment processors. Fees are non-refundable unless required by law.

Booqyy enforces the use of PCI-certified payment providers (e.g., Stripe) for all financial transactions. Any user who bypasses these mechanisms, including but not limited to using manual entry or Mail Order / Telephone Order (MOTO) payments that do not comply with PCI DSS standards, assumes full responsibility and liability for any breach, loss, claim, or regulatory penalty that may arise.

Booqyy explicitly disclaims all liability in relation to any user conduct that violates PCI compliance, including MOTO use, and reserves the right to suspend or terminate accounts that fail to adhere to these payment security standards.

Booqyy may update pricing at any time. Users will be notified of any changes that affect their current subscriptions before the renewal date.Users may be charged a monthly subscription or transaction-based fees. All payments are handled through secure third-party payment processors. Fees are non-refundable unless required by law.

Booqyy may update pricing at any time. Users will be notified of any changes that affect their current subscriptions before the renewal date.

7. Termination

We may suspend or terminate your access to Booqyy at our sole discretion for violation of these Terms or misuse of the platform. You may cancel your account at any time through your account dashboard.

8. Intellectual Property

All content, branding, and software related to Booqyy remain our property. You retain ownership of your uploaded content but grant Booqyy a worldwide, non-exclusive license to use it for providing and improving our services.

8A. Data Processing Responsibilities

In cases where Booqyy acts as a data processor on behalf of another entity—such as a rental store operator who collects customer data through the Booqyy platform—that entity is the data controller. As such, the store operator assumes full responsibility for ensuring compliance with all applicable privacy laws, including the Australian Privacy Act and international frameworks such as the GDPR.

It is the responsibility of the data controller to:

• Ensure that appropriate consent has been obtained for the collection and use of personal data;
• Respond to data subject access requests, including deletion, correction, and portability;
• Determine lawful bases for data processing;
• Handle and respond to any data breach or privacy concern arising from their store’s operation.

Booqyy does not independently determine the purposes or means of processing personal data collected by store operators and therefore is not liable for any misuse, non-compliance, or unlawful handling of customer data by those parties.

Store operators are required to use the secure identity integrations provided by Booqyy for storing sensitive documents or PII, and may not store such data directly within the platform. Any user who circumvents these protections assumes full legal and financial liability for the handling and protection of that data.

8B. Data Processing Agreement (DPA)

By using Booqyy as a data controller and engaging Booqyy as a data processor, you agree to the terms of this Data Processing Agreement (DPA), which governs the processing of personal data by Booqyy on your behalf in accordance with applicable privacy laws.

Under this DPA:

• Booqyy shall only process personal data in accordance with your written instructions and for the purposes of providing the Booqyy platform services.
• Booqyy shall implement and maintain appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or access.
• Booqyy shall ensure that all personnel authorised to process personal data are under an obligation of confidentiality.
• Booqyy shall assist you in responding to requests from data subjects exercising their rights under applicable privacy laws.
• Booqyy shall make available all necessary information to demonstrate compliance with data processing obligations and, where required, allow for audits by you or your representatives, provided such audits are limited in scope and do not unduly interfere with Booqyy’s business operations.
• Upon termination of services, Booqyy will delete or return personal data in accordance with your instructions, unless required by law to retain it.

Use of the Booqyy platform constitutes acceptance of this DPA. If a separate signed DPA is required by law or by your internal policies, please contact support@booqyy.com to request one.

In cases where Booqyy acts as a data processor on behalf of another entity—such as a rental store operator who collects customer data through the Booqyy platform—that entity is the data controller. As such, the store operator assumes full responsibility for ensuring compliance with all applicable privacy laws, including the Australian Privacy Act and international frameworks such as the GDPR.

It is the responsibility of the data controller to:

• Ensure that appropriate consent has been obtained for the collection and use of personal data;
• Respond to data subject access requests, including deletion, correction, and portability;
• Determine lawful bases for data processing;
• Handle and respond to any data breach or privacy concern arising from their store’s operation.

Booqyy does not independently determine the purposes or means of processing personal data collected by store operators and therefore is not liable for any misuse, non-compliance, or unlawful handling of customer data by those parties.

Store operators are required to use the secure identity integrations provided by Booqyy for storing sensitive documents or PII, and may not store such data directly within the platform. Any user who circumvents these protections assumes full legal and financial liability for the handling and protection of that data.

All content, branding, and software related to Booqyy remain our property. You retain ownership of your uploaded content but grant Booqyy a worldwide, non-exclusive license to use it for providing and improving our services.

9. Limitation of Liability

To the fullest extent permitted by law, Booqyy shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of or inability to access or use the platform;
• Any conduct or content of any third party on the platform;
• Any content obtained from the platform; or
• Unauthorised access, use or alteration of your transmissions or content.

In no event shall Booqyy’s aggregate liability for all claims exceed AUD $500.

10. Indemnification

You agree to indemnify and hold harmless Booqyy and its employees, officers, and affiliates from any claims, damages, liabilities, costs, or expenses arising from your use of the platform or your violation of these Terms.

This includes, but is not limited to, any claims arising from:

• The inaccurate or unintended distribution of smart lock codes,
• Loss, theft, or damage to physical items due to misuse of the lock code feature,
• Any failure on your part to secure or verify the correct usage of access credentials for your rented items,
• Any communication, arrangement, or transaction between you and your customers,
• Any damages or disputes arising from customer actions while using Booqyy services,
• Any breach of privacy or data sharing obligations involving PII due to your failure to follow best practices.

Booqyy provides the lock code generation system and platform tools as a convenience, but final responsibility for their secure and lawful use lies with you.

Booqyy assumes no liability for communications between store owners and their customers. Users of the Booqyy platform are fully and solely responsible for any and all actions, content, or outcomes related to their use of the platform.You agree to indemnify and hold harmless Booqyy and its employees, officers, and affiliates from any claims, damages, liabilities, costs, or expenses arising from your use of the platform or your violation of these Terms.

This includes, but is not limited to, any claims arising from:

• The inaccurate or unintended distribution of smart lock codes,
• Loss, theft, or damage to physical items due to misuse of the lock code feature,
• Any failure on your part to secure or verify the correct usage of access credentials for your rented items.

Booqyy provides the lock code generation system as a convenience, but final responsibility for the secure distribution and use of access credentials lies with you.You agree to indemnify and hold harmless Booqyy and its employees, officers, and affiliates from any claims, damages, liabilities, costs, or expenses arising from your use of the platform or your violation of these Terms.

11. Governing Law, Disputes, and Arbitration

These Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, shall be resolved by binding arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA), in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Melbourne, Victoria. The language of the arbitration shall be English.

You and Booqyy agree to waive any right to a trial by jury or to participate in any class action or representative proceeding. The arbitrator shall have the authority to award monetary and injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Nothing in this section shall prevent either party from seeking urgent equitable relief before a court of competent jurisdiction. If a dispute arises, you agree to first attempt to resolve the matter by contacting Booqyy support at support@booqyy.com before initiating arbitration or other proceedings.

These Terms are governed by the laws of Victoria, Australia. Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts in Melbourne, Victoria. You waive any right to a trial by jury or to participate in a class action.

1. Overview

This Privacy Policy outlines how Booqyy collects, uses, and protects your personal data. By using our services, you consent to the practices described herein.

2. Data We Collect

• Account Information: Name, email, phone number, business name.
• Payment Information: Processed securely by third-party providers.
• Usage Data: Device type, browser, pages visited, actions taken on the platform.
• Location Data: May be collected for access control and fraud prevention.

3. How We Use Data

We use collected data to:

• Provide and improve our services;
• Generate smart lock access codes;
• Communicate with you (e.g., support, updates);
• Ensure platform security and prevent fraud.

4. Data Sharing

We may share data with:

• Service providers (e.g., hosting, payments, analytics);
• Law enforcement, if required by law;
• Business successors in case of merger or acquisition.

We do not sell your personal information.

5. Data Retention

We retain your data only as long as necessary to provide services, comply with legal obligations, resolve disputes, and enforce our agreements.

6. Data Security

We use appropriate administrative, technical, and physical safeguards to protect your information. While we strive to protect your data, we cannot guarantee absolute security.

If a user chooses to store any additional personal information or identity documents (e.g., driver’s licence, passport, or other forms of ID) directly within Booqyy systems outside of the approved, secure and certified identity integration, that user assumes full responsibility and liability for the storage, protection, and legal consequences of handling such data. Booqyy expressly disclaims any liability arising from the unauthorised storage, misuse, or breach of such information. We use appropriate administrative, technical, and physical safeguards to protect your information. While we strive to protect your data, we cannot guarantee absolute security.

Booqyy does not store sensitive personally identifiable information (PII) beyond name, email address, and phone number. All personal documents and identity verification are handled through PCI-certified third-party providers to maximise user security and compliance. We strictly enforce the use of PCI-compliant payment gateways (such as Stripe) and assume no liability in the event users bypass these systems or use non-certified methods.We use appropriate administrative, technical, and physical safeguards to protect your information. While we strive to protect your data, we cannot guarantee absolute security.

7. Your Rights

You may request access, correction, or deletion of your personal data. You may also withdraw consent or object to data processing where applicable.

8. International Transfers

Your data may be transferred and stored outside Australia. By using our services, you consent to such transfers.

9. Children’s Privacy

Booqyy does not knowingly collect data from individuals under 13. If you believe a child has provided personal data, please contact us immediately.

10. Updates

We may revise this Privacy Policy. Changes will be posted on our website, and significant updates will be communicated to users.

11. International Compliance and GDPR

Booqyy complies with applicable data protection laws, including the Australian Privacy Act 1988 (Cth), the General Data Protection Regulation (EU) 2016/679 ("GDPR"), and other international privacy frameworks where required.

If you are located in the European Economic Area (EEA), the United Kingdom (UK), or other jurisdictions that provide specific data rights, you are entitled to:

• Request access to your personal data;
• Request rectification or erasure of your data;
• Object to or restrict our processing of your data;
• Request data portability;
• Withdraw consent at any time, where processing is based on consent.

You also have the right to lodge a complaint with a supervisory authority. While we encourage you to contact us first to resolve any concern, we respect your right to escalate a complaint if needed.

If Booqyy is acting as a data processor on behalf of another entity (such as a rental operator using the platform), that entity is the data controller, and data subjects should direct requests to them accordingly.

We may revise this Privacy Policy. Changes will be posted on our website, and significant updates will be communicated to users.

For any inquiries, please contact: support@booqyy.com

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