Terms and Conditions
Last updated: September 2023
Beyonk Ltd (“Beyonk”) is a company registered in England and Wales, company number 11994212.
Beyonk provides booking software which includes beyonk.com and related subdomains, apps, data feeds, APIs or other platforms operated by Beyonk (otherwise referred to as “we”, “Beyonk” or the “Platform”).
Beyonk and its affiliated partner distribution websites do not get involved in any way with the delivery, management or supply of products and services that you provide to your end customers who book using the Platform.
By accessing or using Beyonk, you agree to accept these terms and conditions (“Agreement”) in its entirety and to form a binding contract with Beyonk.
This Agreement is the entire agreement between you and Beyonk. Beyonk may from time to time update this Agreement, in which case you will be notified. You can contact us at firstname.lastname@example.org.
For as long as you use Beyonk, we grant you a limited, revocable, non-exclusive and non-transferable licence to access and use the Platform solely to provide booking services to your end customers. You agree to pay all fees and commissions owed to Beyonk for your use of the Platform in accordance with the pricing model in place or as updated from time to time. We reserve the right to amend the pricing you have signed up to, but we will provide you with at least 30 days’ notice of any pricing changes.
We reserve the right to amend the Beyonk platform in terms of look, feel, features and content without giving you prior notice.
We reserve the right to amend, decline or delete your information on the Platform and to refuse working with businesses we do not consider as aligned to Beyonk’s vision, ethics and goals. You agree you will use the Platform as intended, and you will not use the Platform in any way that damages the performance, reputation or integrity of the Platform. You must not use the Platform for illegal activities and must seek permissions for your use from relevant stakeholders and regulators where required.
You agree to use and maintain secure strong passwords which are not used across other websites. You are responsible for all activity on your account on the Platform, including the accuracy of your information and what you offer your end customers.
It is your responsibility to ensure Beyonk is suitable for you or your organisation. We will advise on how the Platform can be used, but it is your responsibility to ensure Beyonk meets your specific business needs.
You agree that your use of Beyonk is “as-is”, “as available” and entirely at your own risk. We do not make any warranties or promises of any kind regarding the functionality, reliability, quality, accuracy, completeness, availability or suitability for a particular purpose of Beyonk. We follow standard good industry practice in terms of security and up to date technology processes. We also select partners that provide a robust technology infrastructure and service.
You agree to act in your end customers’ and third-parties’ best interests by responding in a timely manner, fulfilling reservations and bookings and processing refunds, cancellations and resolving payment disputes.
When using the Beyonk API or any other data feeds, you agree that you will not:
- misrepresent Beyonk data and instead ensure your customers and third parties have sufficient information when using the Beyonk data;
- seek to materially change, amend or damage Beyonk’s business model and instead comply with this Agreement; and seek to re-sell, share or licence onwards Beyonk’s data or service without prior written approval from a director of Beyonk.
Intellectual Property Rights shall include but not be limited to software source code, confidential information, copyrights, user interface design, look and feel, patents, trade marks, design rights, rights in databases, domain names, branding, know-how and all similar rights (whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world) together with the right to apply for registration of such rights and any and all goodwill (“Intellectual Property Rights”).
All Intellectual Property Rights in the Platform and its data are owned by Beyonk and its licensors.
Apart from the licence in section 2.1 above, nothing in this Agreement operates to transfer any Beyonk Intellectual Property Rights to you.
Limitations of liability
Beyonk is only a technology platform provider and shall not be liable for any loss, damages, claims or lawsuits from you or any third party relating to:
- accident, injury or death; or
- loss of profits, revenues, goodwill, reputation, business, costs or damages howsoever caused; or
- incorrect or misleading information you include on the Platform, including external links or incorrect information by businesses using Beyonk; or data or security breaches.
The above exclusions and limitations of liability do not apply to the extent prohibited by law. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, Beyonk’s liability in such jurisdictions shall be limited to the maximum extent permitted by applicable law.
In the event of any service issues with the Platform, you agree that in order for Beyonk to resolve the issue, the service may not be available for a while. If you experience any problems with bookings with any businesses or receiving their services, your sole remedy is to contact the business directly.
You agree to indemnify and hold Beyonk and all its officers, directors, employees, contractors, agents, affiliates and partners from any liabilities, claims, demands, lawsuits, recoveries, losses, damages, fines, penalties, and any other costs as a result of your:
- use of the Platform;
- breach of this Agreement; or
- inability, failure or poor delivery of a service to an end customer or third party; or
- breach of and non-compliance with applicable laws, standards or regulations; or
- misrepresentation, incorrect or incomplete data on the platform used by a customer or third party.
Beyonk may take payment from customers on your behalf. Beyonk is not responsible for the actions of third parties who process payments and may restrict access to third-party processors.
If Beyonk incurs any credit card charges, card chargebacks, refunds or similar payment processing fees, as a result of Beyonk taking payments on your behalf, you agree to fully indemnify Beyonk for such amount.
Data protection and ownership
You retain the rights to all data you upload to the Platform and can export end customer and bookings data at any point.
When processing transactions, emails and notifications, we use third parties to deliver or fulfil the full end to end service, such as payment gateways to send funds to your bank account.
We and our partners comply with applicable data protection rules and we never share your personal data outside our partner distribution network without your prior consent.
Beyonk personnel are restricted on a ‘need to know’ basis for viewing information on the Platform.
Beyonk personnel will only view bookings, messages and other critical data to provide necessary support where required and to process transactions, refunds, cancellations, generate reports and respond to requests from you.
Beyonk may promote your business and services. You acknowledge your images and content will be shared across the Beyonk partner distribution network and that we are not responsible for how your information appears on other websites.
Beyonk cannot be held responsible for how your data is displayed on partner or third party websites and it is your responsibility to ensure you are comfortable with your profile across other platforms.
Storing payment card details on the Platform is prohibited and would make us in breach of our obligations with the Payment Card Industry Data Security Standard. You agree not to store any payment card details on the Platform and agree to use our certified payment gateways for all payments to or from end customers.
Either party may immediately terminate this Agreement at any time upon written notice and for any reason.
Upon termination, you can request that we permanently delete your account and all data held within Beyonk relating to your business with the exception of data that Beyonk must retain to comply with applicable law.
Upon termination, it is your responsibility to fulfil all your obligations including payments, refunds, communications to end customers and delivery of goods and services purchased by such end customers or third parties.