1. Definitions

• Customer - A natural person or legal entity that searches a Service through the Marketplace and subsequently engages a Merchant to perform the Service.
• Listing - A profile created by the Merchant where a Customer can book a Service or Services. A Listing contains information such as name, pictures, address, offered Services supplemented by customer ratings for Services previously provided.
• Marketplace - A page where Customers can search for a Service and discover Listings of Merchants that provide the Service.
• Merchant - Provider of Services.
• Platform - Refers to the Booqista website, Marketplace, web and mobile applications including all features and functionalities.
• Service - Services offered by Merchants.
• User - Refers to a Customer or Merchant with an active account in Booqista.

2. General

These general terms and conditions of Nuvensis AG dba Booqista apply to the website, and web and mobile applications, collectively known as the Platform.

By accepting these terms and conditions, the user declares his consent to the processing of personal data in the manner described and for the stated purposes.

Booqista can change these terms and conditions and any additional terms of use at any time. The changes will be communicated in a timely and suitable manner. If the user does not agree to the changes, the user can cancel the user account at any time.

The current version published herein applies between the User and Booqista.

3. Scope of Booqista

Booqista is a booking platform that connects Merchants and Customers by offering a free Marketplace. Customers can search for Services in the Marketplace and find Listings by Merchants to book. Booqista enables the Merchant and the Customer to directly contact one another and perform contracts for listed Services. However, Booqista itself is not a party to these contracts for Services nor does it act as representative to either parties.

To the extent that the Booqista Platform is provided free of charge, Booqista will not be liable for any loss or damage of any nature.

4. Registration

In order to fully use some Booqista features, the user must create an account. Booqista may request additional identification steps for certain features and functionalities. For more information, visit the Privacy Policy page.

5. License

Unless otherwise stated, Booqista and/or its licensors own the intellectual property rights for all material on Booqista. All intellectual property rights are reserved.

6. Privacy

When handling personal data, Booqista complies with data protection legislation. For more details, please visit the Privacy Policy page.

7. User Obligations and Sanctions

Users may initially use the Platform without registering. However, users are required to create a user account and provide their last name, first name, physical address, email address, and telephone number in order to use certain features and functions that require authentication.

Users are required to provide completely and truthfully the requested information during account creation. Booqista may exclude users who make incorrect or intentionally incomplete statements in this regard from further use of the Platform.

In the event of misuse of the applications, in particular if a criminal act is suspected, the data can be evaluated for the purpose of clarifying the facts and, upon justified request, forwarded to the responsible official authorities or the third party affected by the misuse.

If the user detects misuse of their account, or if they suspect such abuse, the user must notify Booqista immediately in addition to changing their login data.

8. Additional Merchant Guidelines

Merchants are solely responsible for the legality of the Services they offer and all transactions through or as a result of use of the Booqista Platform, including, without limitation, terms regarding payment, cancellations, fees, and taxes. Merchants have the option to add their own terms and conditions in their profile or Listing.

Booqista will have the profiles of Merchants listed on the Marketplace as Listings by default as a way of promoting their businesses. However, Merchants may delist their profile by accessing this option in their account settings.

In the event that any Customer has a dispute with any party to a transaction, the Merchant agrees to release and indemnify Booqista from all claims, demands, actions, proceedings, costs, expenses and damages whether actual, special, incidental, or consequential, arising out of or in connection with the transaction.

9. Rating system

Booqista provides a rating system with which Customers can rate Merchants.

Unjustified ratings are dealt with through an objection procedure. The following "Ratings and Reviews Policy" applies to ratings by Customers. Booqista expressly advises Customers that such ratings may only be made in an unemotional form, avoiding any wording which could be insulting or inflammatory, and that facts must be correctly represented. Gross violations of these rules may lead not only to exclusion of the Customer from further use of the Booqista Platform, but also to criminal or civil prosecution on the part of the injured party.

If the Customer provides a specific rating, he/she also gives his/her consent to it being forwarded to the specific Merchant and to the publication of the rating on the Booqista Platform (which may include his/her (possibly abbreviated) name and place of residence).

Notwithstanding such ratings, Booqista shall be entitled to inquire with Customers and Merchants regarding the way in which the Service was performed.

10. Ratings and Reviews Policy

Freedom of thought, transparency and clear communication are important to Booqista and are consequently an integral part of our community concept. Please stick to the facts when rating and writing a review. The ratings should contain constructive information which helps all parties at all times to improve the Service(s) availed by the user.

Booqista has no intention to censor, edit or delete ratings. However, Booqista reserves the right to remove ratings which are in breach of policy.

The following are prohibited on the Booqista Platform:

• Issuing ratings that do not reflect the user's personal experience.
• Issuing ratings that have nothing to do with the actual booking (for example, political, religious or social comments).
• Publishing content which supports illegal or harmful activities or violence, infringes privacy, is tasteless, obscene, defamatory, threatening or discriminatory, or otherwise immoral.
• Publishing content which infringes the rights of another person or entity, including intellectual property rights or the right to self-determination concerning personal information (for example, publication of the full name, address or other identifying details of another person without their permission).
• Publishing content which is clearly identifiable as blackmail.

11. Warranty and liability

Booqista strives for a high availability of its Platform, its features, and functionalities. However, it cannot guarantee that its infrastructure will function without interruption or disruption. There are no representations or warranties with regard to availability, quality, operation or support for third-party services.

The responsibility for access to the user account lies entirely with the user. The user is obliged to treat the user access data with utmost confidentiality. Booqista completely excludes any responsibility for any direct or indirect loss or damage related to the use of the account.

12. Place of jurisdiction, applicable law

For all questions and disputes in connection with this Platform, subject to mandatory law of the respective country of residence of the user, Swiss law applies exclusively. The exclusive place of jurisdiction is the seat of Booqista. Mandatory places of jurisdiction according to the respective country of residence of the user are reserved.