Terms & conditions

These Terms and Conditions (“Terms”) form a binding agreement between OnBooq Pty Ltd (ACN 690 973 285) (“OnBooq”, “we”, “us”, “our”) and the customer who signs up for or uses our services (“Client”, “you”, “your”).

By creating an account, paying for, installing, or using any OnBooq service, you agree to these Terms.

About OnBooq and the Services

OnBooq provides enquiry capture and related automation services for local businesses. This may include an Enquiry Assistant, lead routing, notifications, integrations, and other operational tooling we make available from time to time (together, the “Services”).

The Services are provided for business administration and customer enquiry handling. The Services are not intended to provide professional advice (including health or legal advice), and you remain responsible for the accuracy and appropriateness of any information you publish or send to your customers.

Privacy

Our collection, use, storage and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms.

You are responsible for ensuring you have all necessary consents and permissions to provide customer information to us and to contact your customers using the Services (including by email or SMS where enabled), and for complying with all applicable privacy and marketing laws.

Enquiry Assistant Limitations, Sensitive Information, and Emergencies

The Enquiry Assistant is provided for general enquiries and administrative routing. It may use automated processing to help categorise, summarise, or draft responses.

The Enquiry Assistant is not a health professional and does not provide medical or mental health advice, diagnosis, or treatment. You must not represent the Enquiry Assistant as a substitute for professional advice.

The Enquiry Assistant is not monitored for emergencies and is not suitable for urgent help. If you operate a service where customers may seek urgent assistance (including psychology or health-adjacent services), you are responsible for displaying appropriate emergency guidance to customers (for example: “If you are in immediate danger, call 000”).

You must not configure the Enquiry Assistant to request sensitive personal information (including health information) unless you have a lawful basis and appropriate safeguards, and you accept the risks of receiving sensitive information through digital channels.

Account Eligibility and Your Responsibilities

You must provide accurate, current, and complete information when setting up your account and keep it updated.

You are responsible for maintaining the confidentiality of any account access methods, links, tokens, logins, or credentials associated with your use of the Services. You are responsible for all activity that occurs under your account.

You must ensure your website, domain, and any connected systems you control are configured appropriately to use the Services.

Acceptable Use

You agree to use the Services only for lawful business purposes and in a way that does not harm customers, other users, or OnBooq.

You must not use the Services to send unlawful, deceptive, or misleading communications, send spam or unsolicited marketing in breach of applicable laws, collect or request highly sensitive personal information without a lawful basis and safeguards, infringe intellectual property rights or privacy rights, probe or test vulnerabilities, interfere with security, attempt unauthorised access, introduce malware or malicious code, or use the Services in a way that could reasonably be expected to cause harm or distress.

We may suspend or restrict access to the Services if we reasonably believe you have breached these Terms or if required for security, maintenance, or legal compliance.

Third-Party Services and Integrations

The Services may rely on or connect with third-party providers (for example, hosting, communications delivery, payment processing, analytics, automation, or scheduling tools). Third-party services are not under our control and may be subject to their own terms, fees, and availability.

We are not responsible for outages, errors, or changes caused by third-party providers. Where you choose to connect your own third-party accounts, you are responsible for maintaining those accounts and complying with their terms.

Fees, Billing, and Payment Processing

Fees are displayed or agreed at the time you select a plan, sign an order form, or otherwise purchase Services. Unless stated otherwise, fees are payable in advance for each billing period.

Payments are processed through a secure third-party payment processor. We do not store full payment card details on our systems.

Subscriptions may renew automatically each billing cycle unless you cancel before the renewal date.

If payment fails or is overdue, we may suspend or limit your access to the Services until payment is received. You remain responsible for any amounts due.

Except as required by Australian Consumer Law, fees are non-refundable.

Cancellation and Termination

You may cancel your subscription at any time using the cancellation method made available in your account, or by contacting us via our contact form or other published support channel.

Cancellation takes effect immediately. When you cancel, your access to the Services will be terminated promptly and any active automation, integrations, or service components may be disabled or removed shortly after cancellation. You acknowledge that immediate termination may stop enquiry capture, routing, notifications, and other service functions without further notice. Cancellation ends service immediately; you are responsible for updating your website to remove or replace any scripts/widgets we provided.

All fees are non-refundable and no partial refunds or credits are provided for any unused portion of a billing period, except as required by Australian Consumer Law.

We may suspend or terminate your access immediately if you materially breach these Terms, if continuing to provide the Services would create a security risk, or if required by law.

Data Access, Export, and Deletion

During your subscription, we may provide access to certain dashboards, reports, or exports depending on your plan.

You are responsible for exporting any data you wish to retain before you cancel. After cancellation or termination, access will cease and data may be deleted or de-identified in accordance with our Privacy Policy and operational requirements. We do not guarantee storage or retrieval of data after cancellation.

Service Changes and Availability

We may modify, update, suspend, or discontinue parts of the Services from time to time for maintenance, performance, product improvement, security, or legal compliance.

We aim to provide a reliable service, but we do not guarantee uninterrupted availability. Scheduled maintenance and third-party outages may occur.

Intellectual Property

We own all intellectual property rights in the Services, including software, templates, workflows, documentation, and branding, excluding any third-party components and your own materials.

You retain ownership of your business information and customer data you provide to the Services. You grant us a limited licence to host, process, transmit, and display that data only as necessary to provide the Services and perform our obligations.

You must not copy, modify, distribute, reverse engineer, or create derivative works from the Services except to the extent permitted by law.

Confidentiality

Each party may receive confidential information of the other party in connection with the Services. Each party agrees to protect the other party’s confidential information and use it only to perform obligations and exercise rights under these Terms.

Confidentiality obligations do not apply to information that is public through no fault of the receiving party, was already known lawfully, is independently developed, or must be disclosed by law.

Warranties and Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law that cannot be excluded.

To the extent permitted by law, we exclude all other warranties or representations not expressly stated in these Terms.

Limitation of Liability

To the maximum extent permitted by law, OnBooq is not liable for any indirect, consequential, special, or incidental loss, including loss of profit, loss of revenue, loss of data, loss of goodwill, or business interruption, arising from or in connection with the Services.

To the maximum extent permitted by law, our total aggregate liability for any claim arising out of or relating to these Terms or the Services is limited to the fees you paid to us for the Services in the three months immediately before the event giving rise to the claim.

You acknowledge that the Services depend on third-party systems and on information you provide, and that you remain responsible for your customer communications, business decisions, and compliance obligations.

Indemnity

You agree to indemnify OnBooq and its officers, employees, and contractors against losses, damages, liabilities, and expenses (including reasonable legal costs) arising out of or related to your breach of these Terms, your unlawful use of the Services, your content or communications, or your violation of privacy, marketing, or intellectual property laws.

Disputes

If a dispute arises, the parties will first attempt to resolve it in good faith through informal discussions. If the dispute is not resolved within a reasonable time, either party may pursue any rights or remedies available at law.

Changes to These Terms

We may update these Terms from time to time to reflect changes in the Services, technology, or legal requirements. The latest version will be published on our website. If changes are material, we may provide notice through the Services or via contact details you have provided.

Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms.

Governing Law

These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

Contact

For support, billing, or legal notices, contact us at hello@onbooq.com