Consumer Terms of Service

Stratosyte Pty Ltd (ABN 95 682 286 326)

PLEASE READ THESE TERMS CAREFULLY BEFORE CREATING AN ACCOUNT OR MAKING A BOOKING. BY ACCESSING OR USING THE KEEPMYBOOKING PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS.

1. Introduction and Parties

These Consumer Terms of Service ("Terms") form a binding legal agreement between you ("User", "you", or "your") and Stratosyte Pty Ltd (ABN 95 682 286 326, ACN 682 286 326), the operator of the KeepMyBooking platform ("KeepMyBooking", "we", "us", or "our"), a proprietary limited company registered in Australia.

These Terms govern your access to and use of the KeepMyBooking mobile application (iOS and Android), website at keepmybooking.com, and all related services (collectively, the "Platform").

For users located in New Zealand, these Terms apply alongside applicable New Zealand consumer legislation, including the Consumer Guarantees Act 1993, Fair Trading Act 1986, and Privacy Act 2020. Where a conflict arises, New Zealand users are entitled to the protections afforded by applicable New Zealand legislation, which cannot be contracted out of.

2. Nature of the Platform - Marketplace and Booking Intermediary

KeepMyBooking is a digital marketplace and booking intermediary. We provide scheduling, payment processing, and communication infrastructure that facilitates connections between Users and independent third-party service providers ("Merchants").

Important limitations you must understand:

KeepMyBooking is not a party to the service agreement between you and any Merchant.
We do not provide, employ, supervise, or control the services offered by Merchants.
We do not guarantee the quality, safety, legality, suitability, or availability of any service listed on the Platform.
Merchants are independent businesses. Their employees and contractors are not employees or agents of KeepMyBooking.
KeepMyBooking acts as a limited payment facilitator for the sole purpose of processing booking payments through Stripe.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, statutory guarantee, or other right or remedy that cannot lawfully be excluded, restricted, or modified under applicable law, including the Australian Consumer Law and, for New Zealand users, the Consumer Guarantees Act 1993. Subject to those non-excludable rights, KeepMyBooking's liability as an intermediary is limited as described in Section 17.

3. Eligibility and Age Verification

3.1 Minimum Age

You must be at least 16 years of age to create an account or use the Platform. By creating an account, you represent and warrant that you meet this requirement.

3.2 Age Verification Process

We verify your age via Google Account authentication or another verification method we make available. By confirming that you are aged 16 or over, or authenticating via an approved third-party sign-in method via Google, you consent to this verification process. If we have reasonable grounds to believe that a User has provided false age information, we reserve the right to suspend or terminate the account immediately and without notice.

3.3 Legal Capacity

You must have the legal capacity to enter into binding contracts in your jurisdiction. If you are aged 16 to 17, we encourage you to review these Terms with a parent or guardian. Depending on your jurisdiction's law, certain bookings may require parental or guardian consent.

If we reasonably consider that parental or guardian consent is required for a particular booking, account, or use of the Platform, we may require evidence of that consent before permitting or continuing access to the relevant feature or service.

4. Account Creation and Security

You may register using direct registration (email and password) or via Google Account authentication. You agree to:

Provide accurate, current, and complete information and keep it updated.
Maintain the confidentiality of your credentials and not share them with any third party.
Notify us immediately at [email protected] if you suspect unauthorized use of your account.
Accept responsibility for all activities that occur under your account.

We reserve the right to refuse registration, require additional verification, suspend access, or cancel accounts at our reasonable discretion, including where this is necessary to protect the Platform, users, Merchants, or KeepMyBooking from fraud, misuse, security risk, or legal exposure.

5. Platform Discovery and Geolocation

The Platform uses geolocation technology to surface Merchant profiles relevant to your geographic area. By using the Platform, you consent to collection and use of your location data for this purpose.

Search results are geographically filtered and may also reflect review ratings, category, price range, and availability as selected via in-app filters.
KeepMyBooking does not guarantee that all relevant Merchants in your area will appear in search results.
The Platform currently services users in Australia and New Zealand. Features and Merchant availability vary by region.
Disabling geolocation at the device level will limit your use of location-based discovery features.

6. The Booking Process

6.1 Booking as an Offer

When you submit a booking request, you are making an offer to purchase the Merchant's service at the stated price and time. A confirmed booking constitutes a binding agreement between you and the Merchant only.

6.2 Booking Confirmation

Booking confirmation is subject to real-time availability of the selected slot, successful payment authorisation through Stripe, and acceptance by the Merchant (where applicable). You will receive an in-app notification confirming your booking.

6.3 Booking Windows and Lead Times

Merchants may configure minimum lead times and maximum booking horizons for their services. These settings vary by Merchant and service category and are displayed on each Merchant's profile. KeepMyBooking does not control or guarantee any particular booking window.

6.4 Sequence-Based (Queue-Based) Appointments

Some Merchants operate a queue-based appointment model rather than specific time slots. Your confirmed booking represents a position in a queue. Estimated times are indicative only and are not guaranteed.

7. Payments

7.1 Payment Processing

All payments are processed by Stripe or another payment processor we nominate from time to time. By making a payment, you agree to the applicable payment processor's terms of service and privacy policy. KeepMyBooking does not store your full payment card details and is not responsible for the acts, omissions, outages, security incidents, or service performance of any third-party payment processor.

7.2 Total Cost of Booking

The total amount charged for a booking may include the Merchant's service fee, a KeepMyBooking platform fee or commission, and third-party payment processing fees. Any amount payable by you will be clearly displayed before you confirm your booking. The amounts above mentioned are as follows, and KeepMyBooking reserves the right to amend the rates when deemed fit.

Please refer to keepmybooking.com/pricing for up-to-date information on fees and pricing.

7.3 Payment Authorisation

By completing a booking, you authorise KeepMyBooking and its payment processor to charge your nominated payment method for the full booking amount and any other amounts properly payable by you under these Terms, including applicable cancellation fees, no-show fees, chargeback reversals, and booking adjustments authorised by you or permitted by the Merchant's disclosed booking terms.

7.4 Deposits and Prepayments

Where a Merchant requires a deposit or partial prepayment, this will be clearly indicated on their profile prior to booking. Any balance owing is payable directly to the Merchant. KeepMyBooking is not responsible for collecting balances outside of the Platform.

7.5 Currency

Transactions are processed in Australian Dollars (AUD) for Australian users and may be processed in New Zealand Dollars (NZD) for New Zealand users where supported. Currency conversion fees, if applicable, is your responsibility.

8. Cancellations, Rescheduling, and No-Shows

8.1 Merchant Cancellation Policies

Each Merchant sets their own cancellation policy within the parameters permitted by the Platform. Cancellation terms, including applicable fees and refund entitlements, are displayed on each Merchant's profile before you book. You are responsible for reviewing the Merchant's cancellation policy before confirming.

8.2 Customer Cancellation

If you cancel a confirmed booking:

Outside the Merchant's cancellation window: You may be entitled to a full refund of the service fee, subject to the Merchant's policy.
Within the Merchant's cancellation window: A cancellation fee applies as specified in the Merchant's policy (e.g., 50% for cancellations within 24 hours).
Subject to applicable law and any non-excludable rights: In cases of customer-initiated cancellation, the KeepMyBooking platform fee or commission and third-party payment processing fees may be non-refundable and may be deducted from any refund, to the extent disclosed at the time of booking.

Cancellations must be submitted through the Platform. We are not responsible for cancellations communicated directly to the Merchant outside the Platform.

8.3 Merchant-Initiated Cancellation

If a Merchant cancels a confirmed booking, the customer will be entitled to any refund, remedy, or other rights available under applicable law. Subject to applicable law, KeepMyBooking may facilitate a refund to the customer of all or part of the amount paid for the booking. Where KeepMyBooking issues or facilitates such a refund, the Merchant authorises KeepMyBooking to recover, deduct, set off, or withhold the refunded amount and any reasonable costs actually incurred by KeepMyBooking in connection with the cancellation, including payment processing fees, platform fees, commissions, chargeback costs, and reasonable administrative costs, from amounts otherwise payable to the Merchant or from future settlement payments. Any deductions made under this clause will be limited to amounts reasonably incurred by KeepMyBooking and permitted under applicable law. Please refer to our Cancellation Policy for more details.

8.4 Rescheduling - Customer Requests Requiring Merchant Approval

The right to reschedule a confirmed booking rests solely with the Merchant. If you wish to reschedule, you must request a modification via the in-app chat (where an active booking exists), or the Merchant's listed contact email or phone number. The Merchant has full discretion to approve or decline reschedule requests. KeepMyBooking cannot compel a Merchant to reschedule.

8.5 Customer No-Show

If you fail to attend a confirmed appointment without cancelling (a "no-show"), you are not entitled to a refund. The Merchant's no-show policy as displayed on their profile will apply. Repeat no-shows may result in account review.

8.6 Merchant No-Show

If a Merchant fails to provide a confirmed service without prior cancellation (a "Merchant no-show"), report this via the Platform's dispute process within 48 hours together with any reasonably requested supporting information. KeepMyBooking may investigate and, acting reasonably and in accordance with applicable law and Platform policies, determine the appropriate remedy, including a full or partial refund, account action against the Merchant, or closure of the complaint where insufficient evidence is provided.

9. Refunds

Refunds are processed in accordance with these Terms, the Cancellation & Refund Policy, and the applicable Merchant's cancellation terms. Approved refunds are returned to your original payment method via Stripe, typically within 5–10 business days depending on your financial institution.

Nothing in this section excludes, restricts, or modifies any rights or remedies you may have under applicable law, including the Australian Consumer Law and the New Zealand Consumer Guarantees Act 1993, to the extent those rights or remedies cannot lawfully be excluded, restricted, or modified.

10. Reviews and Ratings

10.1 Verified Reviews

Only Users with a completed confirmed appointment with a Merchant may submit a review of that Merchant.

10.2 Anonymous Reviews

You may post a review anonymously (without your name displayed publicly) or publicly under your account name. Regardless of display preference, your account identity remains associated with the review in our internal records for moderation purposes.

10.3 Business Right of Reply

Merchants may post one public response per review. Responses must comply with our Acceptable Use Policy and any review moderation standards we apply from time to time. KeepMyBooking may remove, suppress, restrict visibility of, or refuse to publish any response that breaches our policies, creates legal risk, or is otherwise inappropriate in our reasonable opinion, and we are under no obligation to edit or republish that content.

10.4 Review Standards

Reviews must be based on your genuine first-hand experience, accurate, and free from offensive, defamatory, discriminatory, or unlawful content. We reserve the right to remove non-compliant reviews but will not remove reviews solely because they are negative.

You are solely responsible for reviewing the content you submit. KeepMyBooking is not responsible for user-generated review content to the maximum extent permitted by law and may disclose account information relating to a review where required by law, court order, or a bona fide legal complaint.

11. Platform Features - Favouriting, Blocking, and Profile Customisation

Favouriting: Mark Merchant profiles as favourites for quick future access. This does not create any preferential booking rights.
Blocking: Block specific Merchant profiles from appearing in your discovery feed. This does not affect any existing confirmed bookings.
Profile Customisation: Update your profile information, notification preferences, and communication settings at any time via in-app settings.

12. In-App Chat and Communications

Merchants may only initiate in-app chat with Users subsequent to an active confirmed booking.
All chat communications are subject to our Acceptable Use Policy.
You must not use the chat function to send spam, unsolicited marketing, or abusive content.
KeepMyBooking may monitor, access, review, copy, preserve, and disclose chat content for safety, security, fraud prevention, compliance, dispute resolution, law enforcement cooperation, and enforcement of our terms and policies.
Chat content is retained in accordance with our Privacy Policy and may be retained for longer where reasonably required for legal, regulatory, fraud prevention, safety, evidentiary, or dispute resolution purposes.

13. User Conduct and Prohibited Use

You agree not to:

Use the Platform for any unlawful purpose.
Provide false, inaccurate, or misleading information.
Circumvent the Platform's booking or payment systems (including arranging off-platform payments to avoid fees after discovering a Merchant through the Platform).
Post reviews or content you know to be false or misleading.
Engage in harassment, abuse, or threatening conduct toward Merchants, other Users, or KeepMyBooking staff.
Attempt to access, interfere with, or damage any part of the Platform infrastructure, code, or data.
Use automated systems (bots, scrapers, crawlers) to access or extract Platform data.
Impersonate any person or entity.
Create multiple accounts to circumvent a suspension or ban.

Violation of these prohibitions may result in immediate account suspension or termination, cancellation of bookings, removal of content, withholding of refunds, restriction of Platform functionality, legal action, and/or reporting of unlawful conduct to appropriate authorities.

14. Intellectual Property and App Licence

14.1 Our Intellectual Property

All content on the Platform, including the KeepMyBooking name, logo, software code, design, trademarks, and text (collectively, "Our IP"), are owned by or licensed to Stratosyte Pty Ltd. All rights are reserved.

14.2 Licence to Use

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform on your personal device for personal, non-commercial purposes in accordance with these Terms. You may not copy, modify, distribute, sell, lease, reverse-engineer, or use Our IP for any commercial purpose without our written consent.

14.3 Your Content

By submitting content to the Platform (including reviews, chat messages, images, business information, and profile information), you grant KeepMyBooking a non-exclusive, worldwide, royalty-free, transferable, sublicensable licence to host, use, store, reproduce, modify for technical formatting purposes, display, publish, communicate, and distribute that content for the purpose of operating, administering, securing, enforcing, marketing, and improving the Platform and related services.

15. Account Suspension and Termination

15.1 Termination by You

You may close your account at any time via in-app settings or by contacting [email protected]. Closing your account does not cancel confirmed bookings or override applicable cancellation fees.

15.2 Suspension or Termination by Us

We may suspend or terminate your account, with or without notice, where we reasonably believe you have breached these Terms, engaged in fraudulent, abusive, misleading, or unlawful conduct, created risk or legal exposure for KeepMyBooking, Merchants, or other users, failed verification checks, been the subject of repeated complaints or disputes, or provided false, incomplete, or misleading registration information. We may, but are not obliged to, provide an explanation where legally permitted and operationally appropriate. You may contact us at [email protected] to dispute a decision.

15.3 Reinstatement

Where an account has been suspended, the user may request reinstatement by contacting KeepMyBooking via [email protected] and providing any information reasonably requested to verify their identity, resolve the relevant issue, or demonstrate compliance with these Terms. KeepMyBooking may, in its sole discretion acting reasonably, reinstate a suspended account where the circumstances giving rise to the suspension have been satisfactorily resolved. Where an account has been permanently terminated due to fraud, unlawful conduct, material breaches of these Terms, or conduct posing a risk to KeepMyBooking, Merchants, or other users, the user must not create a new account or access the Platform using another account without KeepMyBooking's prior written consent. KeepMyBooking reserves the right to reject any attempt to create a new account by a user whose previous account was terminated for cause. Any decision regarding reinstatement or re-registration will be made having regard to the nature and seriousness of the conduct that led to the suspension or termination, the time elapsed since the incident, and any corrective action taken by the user.

15.4 Effect of Termination

Upon termination, your Platform access ceases. Outstanding payment obligations, cancellation fees, and other obligations survive termination.

16. Disclaimer of Warranties

To the maximum extent permitted by law, the Platform is provided on an "as is" and "as available" basis without warranties of any kind. We do not warrant that the Platform will be uninterrupted, secure, timely, or error-free, that defects will be corrected, that the Platform will be compatible with your device or third-party services, that any Merchant holds required licences, qualifications, permits, or insurance, or that Merchant-provided or third-party information is accurate, complete, or current.

Nothing in these Terms excludes, restricts, or modifies any right, guarantee, or remedy that cannot lawfully be excluded, restricted, or modified under applicable law.

17. Limitation of Liability

To the maximum extent permitted by applicable law:

KeepMyBooking's aggregate liability to you for any claim arising out of or in connection with the Platform, these Terms, or any booking is limited to the lesser of: (a) the total amounts paid by you to KeepMyBooking through the Platform in the 12 months preceding the event giving rise to the claim; or (b) A$100.
We are not liable for any indirect, consequential, incidental, special, exemplary, or punitive damages, or for any loss of data, profits, revenue, goodwill, business opportunity, anticipated savings, or reputation.
We are not liable for the conduct, acts, omissions, negligence, default, goods, services, or content of any Merchant or third-party service provider, including payment processors, cloud providers, or integration partners.
We are not liable for failures, delays, or interruptions caused by circumstances beyond our reasonable control, including Acts of God; natural disasters, epidemics, acts of government, internet or telecommunications outages, cyber incidents, denial-of-service attacks, strikes, labour disputes, or third-party service failures.

This clause applies subject to any liability that cannot lawfully be excluded or limited, including any non-excludable rights under the Australian Consumer Law and, for New Zealand users, the Consumer Guarantees Act 1993.

18. Dispute Resolution and Complaints

18.1 In-Platform Complaints

If you have a dispute with a Merchant, we encourage you to contact the Merchant directly in the first instance via in-app chat or their listed contact details.

18.2 Platform Mediation

If the matter remains unresolved, raise a formal complaint through the Platform. Our administration team may review the complaint, request information, and facilitate communication between parties. We act only as a platform operator and facilitator, not as an insurer, guarantor, expert determinator, or arbitrator, and we may decide the format, timing, and scope of any review process in our reasonable discretion.

18.3 Formal Dispute Resolution

If a dispute cannot be resolved through our internal process, the parties to the dispute must use reasonable endeavours to attempt good-faith mediation before commencing legal proceedings, unless urgent interlocutory relief is sought or applicable law does not permit this requirement.

19. Governing Law

For Users in Australia: These Terms are governed by the laws of the State or Territory in Australia in which you ordinarily reside, together with the laws of the Commonwealth of Australia, and you submit to the non-exclusive jurisdiction of the courts of that State or Territory and the Commonwealth.

For Users in New Zealand: These Terms are also subject to applicable New Zealand laws, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986. New Zealand users may bring proceedings in New Zealand courts.

20. Changes to These Terms

We may update these Terms from time to time. For material adverse changes, we will provide reasonable prior notice by in-app notification or email. For changes required to reflect product updates, security requirements, legal compliance, or risk management needs, we may make changes effective immediately or on shorter notice where reasonably necessary. Continued use of the Platform after the effective date of any update constitutes acceptance of the revised Terms.

21. Contact Us

Email: [email protected]
Website: keepmybooking.com
Phone: +61 2 8456 7107
Operator: Stratosyte Pty Ltd, ABN 95 682 286 326, ACN 682 286 326