These terms govern your use of BeNotely, the online booking platform available at benotely.com, operated from Melbourne, Victoria, Australia ("BeNotely", "we", "us"). By creating an account or making a booking through BeNotely, you agree to these terms.
What BeNotely is
BeNotely provides booking software: businesses list their services, staff and availability, and their customers book appointments through a hosted booking page. We provide the platform. The businesses on it provide their own services, set their own prices and policies, and are responsible for delivering the appointments booked with them.
Accounts
- You must provide accurate information when creating an account, and keep your sign-in credentials secure. You are responsible for activity under your account.
- Business accounts must be created by someone authorised to act for that business.
- Customer accounts are optional; bookings can be made as a guest. Signing in with an emailed link, code or Google verifies control of that email address or account.
Bookings
- A booking made through BeNotely is an appointment between the customer and the business, on the business's prices and policies shown at the time of booking.
- Prices marked "from" are estimates; the final price is confirmed by the business at the appointment.
- Cancellation and rescheduling windows are set by each business and shown before you confirm. Changes within the allowed window can be made from your confirmation email or account.
- Businesses are responsible for honouring bookings made through their page, and for managing their own calendars, including marking completions and no-shows accurately.
Payments and deposits
Some businesses take a deposit or payment when you book. Where they do, that money is paid to the business, not to BeNotely. We provide the technology that lets a business accept payments; we never hold, control or have access to those funds.
- When a business enables payments, it connects its own account with our third-party payment provider and is the merchant for those transactions. Card details are handled by that provider under its own security standards; BeNotely does not store full card numbers.
- Each business sets its own deposit rules and its own cancellation and refund policy, shown to you before you pay. A deposit or payment forms part of the appointment between you and the business.
- Refunds are issued by the business under its own policy. BeNotely provides the tools to issue a refund, but does not decide, approve or fund it. See our Refund Policy for more.
- BeNotely currently charges businesses no fee on these payments. If that ever changes, it will be disclosed in advance.
Disputes and chargebacks
BeNotely provides the booking and payment technology. It is not a party to the appointment or the payment between a business and its customer, and it does not mediate, adjudicate or resolve disputes between them, including disputes about services, quality, cancellations, no-shows, deposits, refunds or payments.
If a customer disputes or charges back a payment, that is a matter between the customer, the business and the payment provider. The business is the merchant of record and is responsible for responding to, and bearing the cost of, any dispute, chargeback or reversal on its transactions. BeNotely does not cover those amounts and is not obliged to intervene. We may, but are not required to, act to protect the platform against fraud or abuse.
Acceptable use
You must not:
- Make fraudulent, automated or bad-faith bookings, or block out availability you do not intend to use.
- Attempt to probe, overload or interfere with the service, or access data that is not yours.
- Use the booking assistant or any messaging feature for purposes unrelated to booking.
- Upload content that is unlawful, misleading, or infringes someone else's rights.
- Use BeNotely to send spam or messages without proper consent.
We may suspend or terminate accounts that break these rules.
Business responsibilities
- Keep your listed services, prices, staff and hours accurate. Customers rely on them.
- Handle the customer information you receive through BeNotely lawfully, including under the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth) where you contact customers yourself.
- You are responsible for the quality, safety and legality of the services you provide, and for any licences your business requires.
Messages
BeNotely sends transactional emails and, where enabled, SMS messages about bookings and accounts: confirmations, cancellation and reschedule notices, reminders, and sign-in links or codes. You can opt out of SMS at any time by replying STOP. How we handle personal information is described in our Privacy Policy.
Fees
BeNotely offers a free tier. Paid plans or paid features, where offered, will be priced and described clearly before you commit to them, and any changes to pricing will be notified in advance.
Intellectual property
BeNotely and its software, design and branding remain our property. Content you upload (your logo, photos, service descriptions) remains yours; you grant us a licence to host and display it to operate the service. You are responsible for having the rights to what you upload.
Availability and changes
We work to keep BeNotely fast and reliable, but no online service is available 100% of the time. We may improve, change or discontinue features. If we ever discontinue the service materially, we will give business users reasonable notice to export their data.
Liability
Nothing in these terms excludes rights you have under the Australian Consumer Law or other laws that cannot be excluded. Subject to that, BeNotely is provided "as is"; we are not liable for the acts or omissions of businesses or customers using the platform (including cancelled or unsatisfactory appointments, and any payment, deposit, refund, dispute or chargeback between a business and its customer), and our total liability for any claim is limited to the amount you paid us in the 12 months before the claim arose, or AUD $100 if you have paid nothing. Where liability cannot be excluded but can be limited, it is limited to re-supplying the service.
Indemnity
If you use BeNotely to run a business, you agree to indemnify BeNotely and the people who work for it against claims, losses, liabilities and reasonable costs arising from the services you provide; from any payment, deposit, refund, dispute or chargeback on your transactions; from how you handle customer information; from content you upload; or from your breach of these terms or of any law. This does not apply to the extent a claim is caused by BeNotely's own breach, and it does not limit rights that cannot be excluded under the Australian Consumer Law.
Termination
You can close your account at any time by contacting hello@benotely.com. We may suspend or terminate accounts for breach of these terms, unlawful activity, or abuse of the platform. Business owners remain responsible for appointments already booked at the time of closure.
Governing law
These terms are governed by the laws of Victoria, Australia, and disputes are subject to the courts of Victoria.
Changes to these terms
We may update these terms from time to time. Material changes will be flagged on this page with a new "last updated" date, and for significant changes we will notify business users by email. Continued use after a change means you accept the updated terms.
Contact us
BeNotely
Melbourne, Victoria, Australia
hello@benotely.com