WUNDERBOOK SERVICE PROVIDER TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING. BY ACCESSING OR USING ANY PART OF THE WUNDERBOOK WEBSITE OR APP AS A SERVICE PROVIDER, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, YOU CANNOT USE WUNDERBOOK AS A SERVICE PROVIDER.
This Agreement is in force between Wunderbook and you as Service Provider and is effective from the date you register on the platform.
Wunderbook operates the website and mobile application currently available at wunderbook.app and any related domains used by Wunderbook. The platform connects Service Providers such as gyms, studios, saunas and other event or service providers with customers who wish to book.
By registering as a Service Provider you confirm that:
• you have read and accepted these Terms
• you have authority to act on behalf of the business you register
Wunderbook may change these Terms at any time. If we do, we will make the updated version available on the website and in the app. Your continued use of Wunderbook after the changes become effective means you accept the updated Terms.
Wunderbook and the Service Provider are together called the Parties and separately a Party.
1. Definitions and interpretation
In this Agreement:
Agreement means these Service Provider Terms and Conditions as amended from time to time.
Service Provider means the business registering an account with Wunderbook, and any administrator of that account.
Customer means a person who uses Wunderbook to view, book or purchase services or events from a Service Provider.
Booking Services means the services provided by Wunderbook, including listing Service Providers, enabling Customers to view and book events, memberships, vouchers or other products, and processing bookings and payments through the platform.
User means any person using the website or app.
Website means wunderbook.app and any other website or domain used by Wunderbook to provide the platform, including wunderbook.ie where applicable.
Intellectual Property Rights means all intellectual property rights including copyright, trade marks, service marks, logos, trade names, database rights, design rights, patents and know how.
Unless the context requires otherwise:
• words in the singular include the plural and the plural includes the singular
• references to a person include companies and other legal entities
• references to laws include any amendments or replacements
2. Website and platform terms
Wunderbook operates a platform that helps Customers find Service Providers and book events, classes, memberships, vouchers or other services.
Wunderbook grants the Service Provider a personal, limited, non exclusive, non transferable licence to use the platform for the duration of this Agreement, solely to list and manage their services and bookings.
The Service Provider must not:
• copy, decompile or reverse engineer the website or app
• try to discover the source code
• create derivative works based on the platform
• use the platform for any purpose not allowed by this Agreement
The platform is intended for professional use by Service Providers. The Service Provider is responsible for keeping login details secure and confidential. Any activity carried out using their login is their responsibility.
The Service Provider agrees that all information they provide on Wunderbook will:
• be accurate and not misleading
• be lawful and comply with all local laws
• be respectful and not abusive, defamatory or otherwise inappropriate
• be provided in English where text is used on public listings
Wunderbook makes reasonable efforts to provide accurate information on the platform but gives no guarantee that content provided by other users or Service Providers is complete, accurate or up to date. Wunderbook is not liable for decisions made by the Service Provider in reliance on such content.
3. Trademarks, copyright and intellectual property
All trademarks, logos and service marks displayed on the platform are the property of Wunderbook or its partners or Service Providers.
The Service Provider must not use any Wunderbook trade marks, logos or branding without prior written permission.
All software, code and content provided by Wunderbook are protected by intellectual property laws. The Service Provider must not copy, modify, distribute, sell or publicly display this content except as allowed by this Agreement.
The Service Provider retains ownership of the content they upload, such as business name, logo, images, descriptions and pricing. The Service Provider grants Wunderbook a worldwide, royalty free licence for the duration of this Agreement to:
• host, store and display that content on the platform
• use and reproduce that content in marketing that promotes Wunderbook and the Service Provider listings
• create resized or reformatted versions of that content solely for technical and marketing purposes related to Wunderbook
The Service Provider confirms that they have all rights necessary to grant this licence and that their content does not infringe any third party rights.
The Service Provider must not republish, sell, rent, sub license, reproduce or redistribute content from Wunderbook except their own content as described above.
4. Arrangement and grant of rights
The purpose of this Agreement is to allow Customers to discover and book services from the Service Provider through the Wunderbook platform.
Wunderbook grants the Service Provider the right to access and use the platform to:
• create and manage listings for events, memberships, vouchers and other services
• accept bookings and payments from Customers
• manage attendance and customer details
The Service Provider must not:
• provide access to the platform to any third party who is not part of their own organisation without Wunderbook consent
• use the platform as a service bureau or for time sharing
• combine the platform with any other system in a way that interferes with its security or performance
No rights in the platform are granted other than those explicitly set out in this Agreement.
5. Term of Agreement
This Agreement starts on the date the Service Provider account is created and continues until terminated in accordance with clause 19.
Either Party may terminate this Agreement at any time for convenience by giving fifteen days written notice to the other Party.
Any provisions which by their nature are intended to survive termination, including confidentiality, intellectual property, limitation of liability and indemnity, will continue after this Agreement ends.
6. Account registration
The Service Provider must register an account to use the platform. Wunderbook may assist with registration or create an account on the Service Provider’s behalf and send login details by email.
By creating an account the Service Provider confirms that:
• they are authorised to act on behalf of the business named on the account
• all information they provide is true, complete and up to date
The Service Provider must promptly update their account if any details change.
7. Access, verification and use of the services
7.1 Verification
Wunderbook may request information to verify the Service Provider’s identity and legitimacy, such as business name, address, registration number, website or social media. Wunderbook may also make independent checks with third parties.
If adequate verification cannot be obtained, Wunderbook may suspend or terminate the Service Provider account.
7.2 Safeguards
The Service Provider must implement reasonable technical and organisational measures to protect access to the platform from unauthorised use, including restricting login access to authorised staff.
7.3 No third party access
The Service Provider must not give access to the platform to unrelated third parties or resell platform access. If the Service Provider receives any legal request that involves Wunderbook systems or data they must notify Wunderbook promptly.
7.4 Submitted content
Wunderbook does not claim ownership of Service Provider content, but may display and use it as described in clause 3.
The Service Provider is fully responsible for the content they publish on Wunderbook. They must not upload:
• unlawful, threatening, defamatory, obscene or discriminatory content
• content that infringes any copyright, trade mark or other rights
• content that promotes violence, hate or illegal activity
• content that contains viruses, malware or any code that may harm systems or data
The Service Provider will be liable for any damage or claims arising from their content.
8. Compliance
The Service Provider is solely responsible for ensuring that their use of Wunderbook complies with all applicable laws and regulations, including tax, consumer protection, health and safety and advertising rules.
Without limiting the above, the Service Provider must not:
• misrepresent their qualifications, services or prices
• claim to provide regulated or specialist services where they lack the required qualifications, licences or insurance
• use customer contact details obtained through Wunderbook in a way that breaches data protection or marketing laws
The Service Provider must keep any professional licences, permits and insurance that are required for their activities and must inform Wunderbook if they lose or change such licences.
9. Scope of services and restrictions
9.1 Role of Wunderbook
Wunderbook primarily:
• lists Service Providers and their services or events
• provides online tools to take bookings and payments
• may promote Service Providers through the app, website, social media and other channels
Wunderbook is not a party to the contract between the Service Provider and the Customer and does not guarantee any minimum level of bookings or revenue.
9.2 Restrictions on use
The Service Provider must not use Wunderbook to:
• post content that is unlawful, abusive, defamatory, obscene or discriminatory
• encourage conduct that would be a criminal offence or create civil liability
• impersonate any person or misrepresent their affiliation
• infringe the intellectual property or privacy rights of any third party
• upload viruses, malware or any code that may harm systems or data
Wunderbook may remove any content or suspend accounts that violate these restrictions.
10. Customer information and privacy
The Service Provider may receive personal data about Customers through Wunderbook, for example names, contact details and booking history.
The Service Provider agrees to:
• comply with all data protection laws that apply to them, including the EU and Irish data protection regime
• only use Customer data for the purpose of providing services booked through Wunderbook and reasonable related follow up, unless the Customer has clearly consented to other uses
• keep Customer data secure and confidential
• comply with Wunderbook privacy policy when using data obtained through the platform
The Service Provider must not sell, rent or share Customer data obtained through Wunderbook with third parties for their own marketing purposes.
Wunderbook will process personal data in accordance with its Privacy Policy and applicable data protection laws. Each Party is responsible for complying with data protection law for the personal data it processes under this Agreement.
If you want a separate detailed Data Protection Addendum we can prepare that to sit alongside these Terms.
11. Payments and Stripe
Payment processing for bookings made through Wunderbook is carried out by third party payment processors, currently including Stripe.
By using Wunderbook as a Service Provider you agree that:
• payments from Customers will be processed by Stripe or other payment processors selected by Wunderbook from time to time
• you will comply with any Stripe terms and conditions that apply to you where you are required to connect or verify a Stripe account
• Wunderbook does not store full card details and relies on Stripe to handle sensitive payment data securely
Unless otherwise clearly stated:
• the contract for services is between the Service Provider and the Customer, not Wunderbook
• the Service Provider is responsible for setting prices, taxes, cancellation rules and refunds
• Wunderbook is responsible only for passing on to the Service Provider the amounts actually received from Stripe or any other payment processor, less any Wunderbook fees and any applicable payment processing fees
Wunderbook is not responsible for:
• Customers failing to pay
• cards being declined
• chargebacks or payment disputes, except where caused directly by a fault of Wunderbook or where required under applicable law
• any failure, delay or error by Stripe or other payment processors which is outside Wunderbook reasonable control
Nothing in this clause affects any obligation of Wunderbook to account properly to the Service Provider for funds actually received on their behalf.
12. Independent contractor
Nothing in this Agreement creates a relationship of employer and employee, partnership, joint venture or agency between Wunderbook and the Service Provider. The Service Provider acts as an independent business.
13. Representations and warranties
Each Party represents that:
• it has the authority to enter into this Agreement
• entering this Agreement does not breach any other agreement it is party to
• it will keep confidential information received from the other Party confidential
Wunderbook does not warrant that Customer data or information is complete, accurate or error free. All such data is provided as is.
14. Data protection and security
Wunderbook and the Service Provider will each:
• comply with applicable data protection laws, including the EU General Data Protection Regulation and Irish data protection law where relevant
• implement appropriate technical and organisational measures to protect personal data against loss, unauthorised access or disclosure
If the Service Provider becomes aware of a personal data breach involving data obtained through Wunderbook, they must notify Wunderbook without undue delay with details of the breach and actions taken.
More detailed data protection terms may be set out in a separate Data Protection Addendum agreed between the Parties.
15. Disclaimer of warranties
The platform and services are provided as is and as available.
Wunderbook does not give any warranty that:
• the platform will be uninterrupted or error free
• the platform will meet the Service Provider’s specific requirements
• any particular number of customers or bookings will be generated
The Service Provider uses the platform at its own risk.
16. Limitation of liability
To the maximum extent permitted by law:
• Wunderbook is not liable for any indirect, consequential or special loss, including loss of profit, revenue, business or data
• Wunderbook total aggregate liability arising under this Agreement in any twelve month period will not exceed the fees paid by the Service Provider to Wunderbook in that period, or if no fees were paid, five hundred euro
Nothing in this Agreement limits liability for death or personal injury caused by negligence, fraud or any other liability that cannot legally be limited.
17. Indemnity
The Service Provider will indemnify and hold Wunderbook harmless from any claims, losses, damages, costs and expenses arising from:
• their breach of this Agreement
• their breach of applicable laws
• their negligence or misconduct in providing services to Customers
• their unauthorised disclosure or misuse of Customer data
Wunderbook will notify the Service Provider of any claim and allow the Service Provider to participate in the defence, where appropriate.
18. Confidential information
Each Party agrees to keep confidential all non public information received from the other Party, including business plans, financial information, technical information and Customer data.
Confidential information may be used only to perform this Agreement and must not be disclosed to third parties except:
• to staff or advisers who need to know and are under a duty of confidence
• where required by law or a regulatory authority
These confidentiality obligations continue after this Agreement ends.
19. Termination
19.1 Termination for cause
Either Party may terminate this Agreement immediately by written notice if the other Party:
• commits a material breach and does not remedy it within ten days of notice
• becomes insolvent or subject to bankruptcy or similar proceedings
19.2 Termination for convenience
Either Party may terminate this Agreement at any time by giving fifteen days written notice to the other Party.
19.3 Consequences of termination
Termination will not affect:
• bookings already made before the termination date
• any rights or obligations that have already arisen
The Service Provider must stop using the platform and Wunderbook may remove their listings after the effective termination date.
20. Dispute resolution and governing law
The Parties will first try to resolve any dispute through good faith negotiations.
If a dispute cannot be resolved within thirty days, either Party may bring proceedings in the courts.
This Agreement is governed by the laws of Ireland. The Irish courts have exclusive jurisdiction over disputes arising under or in connection with this Agreement.
21. Copyright notice
Wunderbook respects the intellectual property rights of others. If you believe that content on Wunderbook infringes your copyright, please submit a notice with:
• your name and contact details
• identification of the work you claim is infringed
• the exact location of the allegedly infringing material
• a statement that you believe in good faith that the use is not authorised
• a statement that the information is accurate and that you are the rights holder or authorised to act for them
22. General provisions
• Survival: Clauses relating to confidentiality, intellectual property, limitation of liability, indemnity and data protection survive termination.
• Non solicit: During this Agreement neither Party will actively solicit employees of the other Party to leave their employment, without consent.
• Assignment: The Service Provider cannot assign this Agreement without Wunderbook consent. Wunderbook may assign or transfer this Agreement to an affiliate or successor.
• Waiver: Failure to enforce a right does not waive that right.
• Entire Agreement: This Agreement is the entire agreement between the Parties about its subject matter.
• Severability: If any part of this Agreement is held invalid, the rest remains in force.
• Notices: Notices under this Agreement must be in writing and may be sent by email or post to the contact details provided by each Party.