Terms and Conditions

SECTION 1. DEFINITIONS

As used in these Terms and Conditions, the following terms shall have the meanings ascribed to them below:

• “Platform” or “Service” refers to the BookniNam mobile application, website, and all related services accessible regarding this application.
• “Company,” “we,” “us,” or “our” refers to BOOKniNAM OPC, the sole owner and operator of BOOKniNAM.
• “Developer” refers to BOOKniNAM OPC and its authorized representatives, developers, and staff involved in building and maintaining the Platform.
• “User” or “you” refers to any individual who accesses or uses the Platform, whether as a Customer or Service Provider.
• “Customer” refers to any individual who uses the Platform to search for and book appointments with Service Providers.
• “Service Provider” refers to any business or individual registered on the Platform to offer bookable services.
• “Content” refers to all text, images, data, software, graphics, messages, and other material on or through the Platform.
• “Personal Data” has the meaning assigned to it under Republic Act No. 10173 (Data Privacy Act of 2012).
• “Account” refers to the registered profile created by a User to access Platform features.

SECTION 2. ACCEPTANCE OF TERMS

2.1 By creating an Account, accessing the Platform, or using any feature of the Service, you represent and warrant that:

1. You are at least eighteen (18) years of age, or a minor accessing the Platform with the verifiable consent and supervision of a parent or legal guardian;
2. You have the full legal capacity and authority to enter into a binding agreement under the laws of the Republic of the Philippines;
3. All information you provide is accurate, truthful, and current;
4. You have read, understood, and agree to these Terms and the BookniNam Privacy Policy, incorporated herein by reference.

2.2 If you are accessing the Platform on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms, and the term “you” shall refer to that entity.

2.3 The Company reserves the right to refuse access to the Platform to any person or entity at its sole discretion, without obligation to provide a reason.

SECTION 3. DESCRIPTION OF SERVICE

3.1 BOOKniNAM is a digital booking facilitation platform that enables:

• Customers to discover service-based businesses, view real-time availability, compare providers, and book appointments without the need for manual communication;
• Service Providers to digitize their booking systems, manage appointment calendars, and receive bookings through a unified dashboard accessible via mobile or desktop.

3.2 BOOKniNAM is a technology platform only. The Company does not provide, perform, endorse, supervise, warrant, or guarantee any services offered by Service Providers through the Platform. The Company is not a party to any agreement between Customers and Service Providers.

3.3 The Company reserves the right to modify, suspend, add to, or discontinue any feature or aspect of the Service at any time without prior notice.

SECTION 4. USER ACCOUNTS

4.1 Registration

To access certain Platform features, you must register for an Account. You agree to provide accurate, complete, and current information at all times and to update your Account information promptly if it changes.

4.2 Account Security

You are solely and exclusively responsible for maintaining the confidentiality of your username and password. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR LIABILITY ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT DUE TO YOUR FAILURE TO SAFEGUARD YOUR CREDENTIALS.

4.3 Account Accuracy

The Company relies on the accuracy of information you provide. You accept full responsibility for any harm, loss, or liability resulting from false, misleading, or outdated information in your Account.

SECTION 5. BOOKINGS AND TRANSACTIONS

5.1 Booking Confirmation

A booking is only considered confirmed upon issuance of a booking confirmation notice through the Platform or via registered email. Bookings are subject to real-time availability and are not final until confirmed.

5.2 Service Provider Responsibility

Service Providers are solely responsible for the accuracy of their availability, service descriptions, pricing, and fulfillment of booked appointments. The Company makes no representation or warranty regarding the quality, reliability, or any Service Provider's performance.

5.3 Cancellations and No-Shows

Cancellation, rescheduling, and no-show policies are established exclusively by each Service Provider. Users acknowledge that the Company has no control over and assumes no responsibility for such policies. Users agree to review applicable policies before confirming any booking.

5.4 Disputes Between Users and Service Providers

Any dispute arising from a booking, including but not limited to service quality, cancellations, or refunds, is strictly between the Customer and the Service Provider. THE COMPANY SHALL NOT BE A PARTY TO SUCH DISPUTES AND SHALL NOT BE HELD LIABLE UNDER ANY CIRCUMSTANCE FOR THE OUTCOME OF ANY TRANSACTION FACILITATED THROUGH THE PLATFORM.

SECTION 6. PAYMENTS

6.1 Where payment processing is made available through the Platform, the following terms apply:

1. All fees and charges shall be denominated in Philippine Peso (PHP) unless expressly stated otherwise;
2. Payment processing is handled by third-party payment gateways. The Company does not collect, store, or process raw payment card data. All payment data is governed by the terms and privacy policies of the respective payment processor;
3. The Company may collect a platform service fee, the amount of which will be clearly disclosed prior to transaction completion;
4. The Company shall not be obligated to issue refunds for services already rendered or agreed upon specifically between Users and Service Providers;
5. The Company shall not be liable for failed, declined, erroneous, or fraudulent transactions processed by third-party payment providers.

SECTION 7. DEVELOPER AND COMPANY PROTECTIONS

7.1 Platform as Intermediary. BOOKniNAM is exclusively a technology intermediary. The Company, its Developer, officers, shareholders, employees, agents, contractors, and affiliates (collectively, “Released Parties”) are not responsible for:

• The conduct, acts, or omissions of any Service Provider or Customer on or off the Platform;
• The quality, safety, legality, or accuracy of any service listed or rendered through the Platform;
• Any physical, psychological, financial, or other harm resulting from services booked through the Platform;
• Any failure, delay, error, interruption, or unavailability of the Platform or its features;
• Any loss of data, profits, revenue, goodwill, or business opportunity arising from use of the Platform;
• Third-party content, websites, links, or integrations accessible through or in connection with the Platform.

7.2 Intellectual Property Protection. All aspects of the BOOKniNAM Platform, including its name, logo, software code, architecture, design systems, user interface, user experience, workflows, algorithms, databases, and proprietary methodologies, are the exclusive intellectual property of the Company and are protected under Republic Act No. 8293 (Intellectual Property Code of the Philippines). Unauthorized reproduction, reverse engineering, scraping, copying, or commercial exploitation of any part of the Platform is strictly prohibited and may result in civil and/or criminal liability.

7.3 No Unauthorized or Exploitative Use of Platform Assets. Users may not use, reproduce, distribute, modify, display, or exploit the Company's name, logo, trademarks, brand assets, screenshots, proprietary materials, or Platform content for any commercial, promotional, misleading, defamatory, competitive, unlawful, or unauthorized purpose without the Company's prior written consent. Users are strictly prohibited from using Platform assets in any manner that may misrepresent affiliation, damage the Company's reputation, exploit the Platform for personal or competitive gain, deceive third parties, infringe intellectual property rights, or violate applicable laws and regulations. The Company reserves the right to pursue legal action and terminate access for any unauthorized or abusive use of its assets or content.

7.4 Indemnification. You agree to fully indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, losses, liabilities, damages, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) your use of or inability to use the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; (d) any content you submit, post, or transmit through the Platform; or (e) any dispute between you and another User or Service Provider.

7.5 Right to Audit and Investigate. The Company reserves the right, without obligation or liability, to investigate any suspected violation of these Terms or applicable law, and to take any action it deems appropriate, including but not limited to suspending accounts, blocking access, removing content, and referring matters to law enforcement.

7.6 No Waiver. The failure of the Company to enforce any provision of these Terms shall not constitute a waiver of its right to enforce such provision at any time, nor shall it be construed as a waiver of any other provision.

SECTION 8. PROHIBITED CONDUCT

Users are strictly prohibited from engaging in any of the following:

1. Using the Platform for any unlawful purpose or in violation of any local, national, or international law or regulation;
2. Submitting false, fraudulent, or misleading information at any point;
3. Impersonating any person, business, or entity, including representatives of the Company;
4. Gaining or attempting to gain unauthorized access to any system, server, database, or account connected to the Platform;
5. Uploading, posting, or transmitting malicious code, viruses, spyware, or any disruptive software;
6. Scraping, crawling, indexing, or harvesting any data from the Platform using automated tools without express written consent;
7. Interfering with, disrupting, or overloading the Platform’s infrastructure or servers;
8. Using the Platform to transmit unsolicited commercial communications or spam;
9. Engaging in any activity that violates the rights of another User, Service Provider, or third party;
10. Circumventing, disabling, or interfering with any security or access control feature of the Platform.

Violation of any of the foregoing may result in immediate termination of your Account, forfeiture of any amounts paid, and referral to the appropriate law enforcement or regulatory authorities.

SECTION 9. DISCLAIMER OF WARRANTIES

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT ON THE PLATFORM;
• WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.

SECTION 10. LIMITATION OF LIABILITY

10.1 TO THE MAXIMUM EXTENT PERMITTED BY PHILIPPINE LAW, THE COMPANY AND ITS RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR PERSONAL INJURY, ARISING OUT OF OR IN CONNECTION WITH:

• 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 SERVICES BOOKED OR RENDERED THROUGH THE PLATFORM;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA.

10.2 To the fullest extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or related to the use of the Platform, including but not limited to loss of profits, data, business opportunities, or service interruptions. If permitted by law, the Company’s total aggregate liability for any claim arising out of or relating to these Terms or the Platform shall not exceed the total amount paid by the user to the Company within the six (6) calendar months preceding the claim, or One Thousand Philippine Pesos (PHP 1,000.00), whichever amount is lower.

10.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES. IN SUCH CASES, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 11. THIRD-PARTY SERVICES AND LINKS

The Platform may contain links to or integrate with third-party websites, applications, or services. These third-party services are not under the Company's control. The Company does not endorse, recommend, or assume any responsibility for the content, policies, or practices of third-party services. Your interactions with third parties are solely between you and those parties, and you access them at your own risk.

SECTION 12. TERMINATION

12.1 The Company reserves the right, in its sole and absolute discretion, to suspend, restrict, or permanently terminate your access to the Platform, with or without notice and without liability, for any reason, including but not limited to:

• Actual or suspected violation of these Terms;
• Fraudulent, abusive, or illegal conduct;
• Non-payment of applicable fees;
• Actions that may cause legal liability or harm to the Company, its Users, or third parties.

12.2 Upon termination, your license to use the Platform ceases immediately. You remain bound by all provisions of these Terms that by their nature survive termination, including Sections 7, 9, 10, and 13.

12.3 The Company shall not be liable to you or any third party for any termination of your Account or access to the Platform.

SECTION 13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 These Terms and Conditions shall be governed by and construed exclusively in accordance with the laws of the Republic of the Philippines, without regard to conflict of law principles.

13.2 In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Platform, the parties agree to first attempt resolution through good-faith negotiation for a period of thirty (30) days.

13.3 If the dispute is not resolved through negotiation, the parties agree to submit to mediation before the Philippine Mediation Center under the auspices of the Supreme Court of the Philippines.

13.4 If mediation fails, the dispute shall be submitted to the exclusive jurisdiction of the proper courts of the Philippines having jurisdiction over the registered principal address of the Company.

13.5 Notwithstanding the foregoing, the Company reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm, including but not limited to misuse of intellectual property or breach of confidentiality.

SECTION 14. AMENDMENTS

The Company reserves the right to modify these Terms at any time. Material changes will be communicated to registered Users through the Platform or via email at least seven (7) days before taking effect. The updated Terms will be posted with a revised effective date. Your continued use of the Platform after the effective date of any amendment constitutes your acceptance of the revised Terms. If you do not agree to the amended Terms, you must discontinue use of the Platform.

SECTION 15. MISCELLANEOUS

15.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company with respect to the Platform and supersede all prior agreements, understandings, and representations.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign its rights and obligations without restriction.

15.4 Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, internet outages, or third-party service failures.

15.5 No Partnership or Agency

Nothing in these Terms shall create a partnership, joint venture, agency, franchise, or employment relationship between you and the Company.

SECTION 16. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms, contact:

BOOKniNAM
Email: info@bookninam.com

By using BOOKniNAM, you confirm that you have read, fully understood, and unconditionally agree to these Terms and Conditions.