Terms of Service

By accessing or using the Booky.spa platform (the “Platform”), including any websites, mobile applications, APIs, and all related services provided by Booky.spa (“Company,” “we,” “us,” or “our”), you (“User,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”), together with our Privacy Policy, which is incorporated herein by reference.

If you do not agree to all of these Terms, you must immediately cease using the Platform. Your continued use of the Platform after any modification to these Terms constitutes your acceptance of such modifications.

These Terms constitute a legally binding agreement between you and Booky.spa. You represent that you are at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is greater, and have the legal capacity to enter into this agreement.

Booky.spa is a technology platform operated under the laws of the Kingdom of Thailand, with its principal place of business located in Hua Hin, Prachuap Khiri Khan Province, Thailand. The Company facilitates online booking and scheduling of wellness, spa, and related services offered by independent third-party service providers (“Partner Shops” or “Shops”).

The Company is a marketplace and booking facilitator only. The Company does not itself provide any spa, wellness, massage, therapeutic, or other health-related services. All such services are provided solely by the independent Partner Shops listed on the Platform.

The Platform serves exclusively as a technology intermediary that connects Users with independent Partner Shops. You acknowledge and agree that:

• The Company is not a provider, employer, agent, or joint venturer of or with any Partner Shop or any individual therapist, practitioner, or other service provider;
• The Company does not endorse, certify, license, guarantee, or warrant the qualifications, credentials, quality, safety, legality, or suitability of any Partner Shop, their employees, or the services they offer;
• Each Partner Shop is solely responsible for the services it provides, including but not limited to maintaining all necessary licenses, permits, certifications, insurance, and compliance with all applicable local, state, national, and international laws and regulations;
• Any contract for services is formed directly and exclusively between you and the Partner Shop. The Company is not a party to such contract;
• The Company has no control over and assumes no liability for the acts, omissions, errors, representations, warranties, negligence, or intentional misconduct of any Partner Shop;
• You are responsible for independently verifying the suitability of any service for your specific health condition, and you should consult with a qualified medical professional before receiving any spa or wellness treatment.

To access certain features of the Platform, you may be required to create a user account. You agree to:

• Provide accurate, current, and complete information during registration and keep your account information updated;
• Maintain the confidentiality of your account credentials and accept full responsibility for all activities that occur under your account;
• Immediately notify us of any unauthorized use of your account or any other breach of security;
• Not create more than one account per person;
• Not share, transfer, or sell your account to any third party;
• Use the Platform only for lawful purposes and in compliance with these Terms, all applicable laws, and all posted policies.

We reserve the right to suspend, disable, or terminate your account at any time, with or without cause and with or without notice, including but not limited to instances of suspected fraud, abuse, or violation of these Terms.

5.1 Booking. When you submit a booking through the Platform, you are making a binding reservation request with the relevant Partner Shop. Confirmation is subject to availability and Partner Shop acceptance.

5.2 Payment. Payments processed through the Platform are facilitated by third-party payment processors (including but not limited to Stripe, Inc.). The Company does not store your complete payment card details. All payment processing is subject to the terms, conditions, and privacy policies of the applicable payment processor, in addition to these Terms. You agree to pay all fees and charges incurred in connection with your bookings at the prices in effect when such charges are incurred.

5.3 Cancellation and Refund. Cancellation and refund policies are established by each individual Partner Shop and are displayed at the time of booking. The Company facilitates refund processing but does not independently guarantee refunds. Any disputes regarding cancellations or refunds must first be directed to the Partner Shop. If the Partner Shop fails to resolve the dispute, the Company may, at its sole and absolute discretion, attempt to mediate, but is under no obligation to do so.

5.4 Taxes. You are solely responsible for any applicable taxes arising from your use of the services booked through the Platform, except where the Company is required by law to collect and remit such taxes.

Gift cards and membership plans purchased through the Platform are subject to the specific terms and conditions of the issuing Partner Shop. The Company acts solely as a payment facilitator for such purchases. Gift cards and memberships are non-refundable except where required by applicable law. The Company bears no liability for the redemption, expiration, or honoring of gift cards or memberships by Partner Shops.

The Platform may collect health-related information (“Medical Intake Data”) to facilitate safe service delivery by Partner Shops. You acknowledge and agree that:

• The Company is not a healthcare provider and does not provide medical advice, diagnosis, or treatment;
• Medical Intake Data is encrypted and shared only with the Partner Shop(s) you book with, subject to our Privacy Policy;
• You are solely responsible for the accuracy and completeness of any health information you provide;
• Neither the Company nor any Partner Shop is liable for adverse outcomes resulting from inaccurate, incomplete, or withheld health information;
• You should consult with a licensed healthcare provider before undergoing any spa, wellness, or therapeutic treatment, particularly if you have any pre-existing medical conditions, are pregnant, or are taking medication.

All content on the Platform, including but not limited to text, graphics, logos, trademarks, service marks, trade names, images, audio, video, software, code, user interface designs, and the overall “look and feel” of the Platform (collectively, “Platform Content”), is owned by or licensed to the Company and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of Thailand, the United States, and international jurisdictions.

You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for its intended purpose. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, scrape, or otherwise exploit any Platform Content without our prior written consent.

You agree not to:

• Use the Platform for any unlawful, fraudulent, or unauthorized purpose;
• Interfere with, disrupt, or compromise the integrity, security, or performance of the Platform;
• Attempt to gain unauthorized access to any portion of the Platform, other user accounts, or computer systems or networks connected to the Platform;
• Use any automated means (including bots, crawlers, scrapers, or spiders) to access, monitor, copy, or extract data from the Platform;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any software used in connection with the Platform;
• Submit false, misleading, or fraudulent booking requests or reviews;
• Harass, abuse, threaten, defame, or otherwise violate the rights of other users, Partner Shops, or Company personnel;
• Circumvent or attempt to circumvent any fee, payment, or security mechanism;
• Use the Platform in any manner that could damage, disable, overburden, or impair the Platform.

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY.

THE COMPANY DOES NOT WARRANT THAT:

• THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE RESULTS OBTAINED FROM USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE;
• THE QUALITY OF ANY SERVICES OBTAINED THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS;
• ANY ERRORS IN THE PLATFORM WILL BE CORRECTED.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOOKY.SPA, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, OR SUPPLIERS (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• YOUR USE OF OR INABILITY TO USE THE PLATFORM;
• ANY SERVICES OR TREATMENTS OBTAINED OR MESSAGES RECEIVED THROUGH THE PLATFORM;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR USE OF THE PLATFORM OR SERVICES BOOKED THROUGH IT;
• ANY OTHER MATTER RELATING TO THE PLATFORM.

IN NO EVENT SHALL THE COMPANY PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IF YOU HAVE NOT PAID ANY FEES TO THE COMPANY DURING SUCH PERIOD, THE COMPANY’S MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED FIFTY UNITED STATES DOLLARS (USD $50.00).

The limitations set forth in this section shall apply regardless of the legal theory on which the claim is based, including but not limited to contract, tort (including negligence), strict liability, warranty, or any other theory, even if the Company Parties have been advised of the possibility of such damages, and even if a limited remedy set forth herein is found to have failed of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the Company Parties’ liability shall be limited to the fullest extent permitted by applicable law.

You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, demands, suits, actions, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in connection with:

• Your use or misuse of the Platform;
• Your violation of these Terms or any applicable law, regulation, or third-party right;
• Any content you submit, post, or transmit through the Platform;
• Your interaction with any Partner Shop or services obtained through the Platform;
• Any dispute between you and any Partner Shop;
• Your negligence, willful misconduct, or fraud.

This indemnification obligation shall survive the termination of your account and these Terms.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. IT ALSO INCLUDES A CLASS ACTION WAIVER.

13.1 Agreement to Arbitrate. You and the Company mutually agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Platform, or the services facilitated by the Platform (“Disputes”) shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

13.2 Arbitration Rules and Venue. The arbitration shall be conducted in Bangkok, Thailand, and shall be administered by the Thailand Arbitration Center (THAC) in accordance with its then-current arbitration rules. If THAC is unavailable or unable to administer the arbitration, the parties shall mutually agree on an alternative arbitration body seated in Bangkok, Thailand. The language of the arbitration shall be English. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE, CLASS, OR COLLECTIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THEN THAT CLAIM OR REQUEST FOR RELIEF SHALL BE SEVERED AND ADJUDICATED IN A COURT OF COMPETENT JURISDICTION AS SET FORTH IN SECTION 14, AND NOT IN ARBITRATION.

13.4 Costs and Fees. Each party shall bear its own costs and expenses (including legal fees) in connection with the arbitration. The arbitrator’s fees and expenses, and the administrative fees of the arbitration body, shall be shared equally between the parties unless the arbitrator determines otherwise in the final award.

13.5 Opt-Out Right. You may opt out of this arbitration provision by sending a written notice of your decision to opt out to: legal@booky.spa, within thirty (30) calendar days of your first use of the Platform. The notice must include your full name, email address associated with your account, and a clear statement that you wish to opt out of the arbitration clause. If you opt out, all other provisions of these Terms shall continue to apply, and Disputes shall be resolved under Section 14 (Governing Law and Jurisdiction).

13.6 Survival. This arbitration agreement shall survive the termination of your account, the termination of these Terms, or your cessation of use of the Platform.

14.1 Governing Law. These Terms, and any Dispute arising out of or relating to these Terms or the Platform, shall be governed by and construed in accordance with the substantive laws of the Kingdom of Thailand, without regard to its conflict-of-law principles or rules that would cause the application of the laws of any other jurisdiction.

14.2 Exclusive Jurisdiction. For any Dispute not subject to arbitration under Section 13, or where the arbitration agreement is found to be unenforceable, you irrevocably and unconditionally consent and submit to the exclusive personal jurisdiction and venue of the courts located in Bangkok, Thailand. You hereby irrevocably waive any and all objections to the laying of venue of any action, suit, or proceeding in such courts, including any objection that such action, suit, or proceeding has been brought in an inconvenient forum.

14.3 Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM.

14.4 Sovereign Immunity Disclaimer. The Company does not waive any defense or immunity available under Thai law or international law, including but not limited to sovereign immunity, jurisdictional defenses, and forum non conveniens.

YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. This limitation shall apply regardless of any statute of limitations or other law to the contrary.

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, store, and share your personal information. By using the Platform, you consent to the data practices described in the Privacy Policy. The Company processes personal data in accordance with applicable Thai data protection laws, including the Thailand Personal Data Protection Act (PDPA), B.E. 2562 (2019).

For Users located in the United States, the Company acknowledges applicable U.S. state privacy laws (including, where applicable, the California Consumer Privacy Act as amended by the California Privacy Rights Act). Please refer to our Privacy Policy for specific disclosures.

The Platform may contain links to or integrations with third-party websites, applications, or services (“Third-Party Services”), including but not limited to payment processors, mapping services, and analytics providers. The Company does not control, endorse, or assume any responsibility for the content, privacy policies, or practices of any Third-Party Services. Your interactions with Third-Party Services are solely between you and the relevant third party, and you access them at your own risk.

The Company reserves the right to modify, amend, or replace these Terms at any time at its sole discretion. If we make material changes, we will provide notice through the Platform or by other means reasonably calculated to provide notice (such as email to the address associated with your account). Your continued use of the Platform after the effective date of any such changes constitutes your acceptance of the modified Terms. If you do not agree to any modification, your sole and exclusive remedy is to discontinue use of the Platform and close your account.

The Company may, at its sole discretion and without prior notice or liability, suspend or terminate your access to the Platform for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Sections 10 through 15 (Disclaimer, Limitation of Liability, Indemnification, Arbitration, Governing Law, and Limitation on Claims).

The Company shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, embargoes, governmental actions, labor disputes, power failures, internet or telecommunications failures, or cyberattacks.

If any provision of these Terms is held to be invalid, illegal, void, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and the Company regarding the subject matter hereof and supersede all prior or contemporaneous agreements, communications, representations, and proposals, whether written or oral.

The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.

You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without the prior written consent of the Company. The Company may freely assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

For questions, concerns, or notices relating to these Terms, please contact us at: