Terms of Service

In these Terms:

• “We”, “us”, “our” — Cuppacard Ltd, the operator of BookMyBays.
• “BookMyBays”, “the Platform” — the software-as-a-service booking and access control platform available at bookmybays.com.
• “Venue” — an independent golf simulator centre or similar business that has registered an account and uses the Platform to manage bookings.
• “Customer” — an individual who makes a booking with, or purchases a gift card from, a Venue through the Platform.
• “Consumer” — an individual acting for purposes wholly or mainly outside their trade, business, craft, or profession.
• “Subscription” — the recurring fee paid by a Venue for access to the Platform.
• “Booking” — a confirmed reservation of a simulator bay made via the Platform.
• “Gift Card” — a prepaid credit purchased through the Platform and redeemable against a Venue's services.

BookMyBays is an online booking and access control platform designed for independent golf simulator venues in the UK. We provide tools that allow Venues to accept online bookings, manage bay schedules, control simulator access, and communicate with their Customers.

We act as a software provider to Venues. The contract for any individual booking is directly between the Customer and the Venue. We are not a party to that contract and are not responsible for the quality, safety, or availability of the simulator facilities provided by the Venue.

To use BookMyBays as a Venue you must:

• Be a legitimate business operating or intending to operate golf simulator facilities.
• Provide accurate registration information including your business name, contact details, and bank account details for payment.
• Keep your account credentials secure — including passwords, API keys, access-control codes, and any devices used to access the Platform. You are responsible for all activity that occurs under your account. Where multi-factor authentication is available, we strongly recommend you enable it.
• Notify us immediately at [email protected] if you suspect your account or credentials have been compromised.
• Be 18 years of age or older.

Customers must be at least 18 years of age; a booking for a person under 18 must be made by a parent or guardian on their behalf.

We may refuse any application for an account at our discretion, and we reserve the right to refuse or suspend any account that we believe is operating in bad faith, in violation of these Terms, or in a way that may harm Customers or other users.

Bookings made through the Platform are confirmed immediately upon payment. Venues are responsible for maintaining accurate availability on their booking calendar.

If a Venue needs to cancel or amend a confirmed booking, they must do so as far in advance as possible and ensure any affected Customers are notified promptly and refunded in full where applicable.

We are not liable for losses arising from a Venue's cancellation, overbooking, or failure to honour a confirmed booking.

Venues using the Platform agree to:

• Comply with all applicable UK laws, including consumer protection, health and safety, and data protection legislation.
• Ensure their simulator facilities are safe, insured, and fit for the purpose advertised.
• Process Customer refunds promptly where entitled.
• Not use the Platform to conduct any fraudulent, deceptive, or harmful activity.
• Maintain appropriate safeguarding policies if their facilities may be used by children.

Access to the Platform is provided on a subscription basis. Subscription fees are billed monthly in advance. Payments are processed securely via Stripe.

Pricing is based on the number of simulator bays at your venue. The base subscription covers up to 2 simulators, with additional simulators charged at a sliding rate as displayed on our pricing page. Venues operating 35 or more simulators should contact us for a custom quote.

All prices are quoted in GBP and are exclusive of VAT where applicable.

Subscriptions renew automatically at the end of each billing period. You may cancel at any time via your account settings; cancellation takes effect at the end of the current billing period and no partial refunds are issued for unused time.

If a Subscription payment fails, we will notify you and retry payment. If payment remains outstanding 14 days after the due date, we may suspend your access to the Platform (including your public booking page) until payment is made, and may terminate your account if payment remains outstanding 30 days after the due date. Suspension does not relieve you of the obligation to pay fees accrued.

We reserve the right to adjust pricing with at least 30 days' written notice. Continued use of the Platform after a price change constitutes acceptance of the new pricing.

Customer payments for bookings are processed through Stripe Connect. Funds are paid by the Customer directly into the Venue's connected Stripe account, subject to Stripe's terms of service and Stripe Connected Account Agreement. We act solely as a technology platform that facilitates the booking and payment flow; we are not a party to the payment, do not take possession of Customer funds, and are not a payment service provider, money transmitter, or agent of the Venue for the purpose of receiving funds.

The contract for the booking and the underlying payment is between the Customer and the Venue. Any platform fees we charge are deducted as an application fee at the point of payment in accordance with our pricing.

Venues are responsible for setting and communicating their own cancellation and refund policies to Customers. Refunds are issued from the Venue's Stripe balance; we may facilitate refund requests on the Venue's instruction but the obligation to refund the Customer rests with the Venue.

We may offer free trials, promotional codes, or discounted pricing at our discretion. Unless stated otherwise:

• Free trials are limited to one per Venue.
• We may modify or withdraw a trial or promotion at any time.
• At the end of a free trial your Subscription begins and is billed at the then-current rate unless you cancel before the trial ends.
• Data entered during a trial may be permanently deleted if you do not subscribe.
• Promotional codes cannot be exchanged for cash, cannot be combined unless expressly permitted, and may be revoked where we reasonably suspect misuse.

Gift Cards purchased through the Platform are issued and redeemable by the relevant Venue, not by us. The contract for a Gift Card is between the purchaser and the Venue; we act solely as the technology platform facilitating the sale.

Gift Card value, expiry, and redemption conditions are set by the Venue and displayed at the point of purchase. Gift Cards cannot be exchanged for cash except where required by law.

Purchasers of Gift Cards who are Consumers may have a statutory right to cancel within 14 days of purchase, provided the Gift Card has not been redeemed; cancellation requests should be directed to the Venue.

Where you provide a recipient's email address when purchasing a Gift Card, you confirm you have their agreement to do so.

The Platform, including all software, designs, text, graphics, logos, and underlying technology, is owned by Cuppacard Ltd or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business purposes (Venues) or to make and manage bookings (Customers) for the duration of these Terms. No other rights are granted.

You retain ownership of the content and data you upload (“Your Content”) and grant us a non-exclusive, royalty-free, worldwide licence to host, display, process, and transmit Your Content solely as necessary to provide the Platform. We may use data derived from your use of the Platform in aggregated and anonymised form for analytics, benchmarking, and improving our services, provided it does not identify you or any individual.

“BookMyBays” and our logos are our trade marks; you may not use them without our prior written consent.

You must not, and must not permit anyone else to:

• Copy, modify, adapt, translate, or create derivative works of the Platform.
• Reverse engineer, decompile, or disassemble the Platform except to the extent such restriction is prohibited by law.
• Access the Platform by automated means (including bots, scrapers, or crawlers) other than through interfaces we make available and document.
• Probe, scan, or test the vulnerability of the Platform, or attempt to gain unauthorised access to any account, system, or network.
• Introduce viruses, malware, or other harmful code.
• Use the Platform to send spam or unlawful communications.
• Resell, sublicense, rent, or provide the Platform to third parties as a service bureau.
• Use the Platform in breach of any law, including sanctions and export control laws.
• Misrepresent your identity or affiliation.

We may investigate suspected violations and may suspend or terminate access, remove content, and report unlawful activity to authorities. We may impose reasonable rate limits and technical controls to protect the Platform.

We process personal data as both a data controller (for Venue account data) and a data processor (for Customer booking data on behalf of Venues). Full details of how we handle personal data are set out in our Privacy Policy.

By using the Platform, Venues confirm they have a lawful basis to collect and share Customer data with us for the purpose of processing bookings, and that their own privacy notices reflect this.

We aim to maintain high availability of the Platform but do not guarantee uninterrupted or error-free service. We do not commit to any minimum uptime or service level unless separately agreed with you in writing; any availability figures published anywhere are targets, not commitments. The Platform may be unavailable from time to time due to:

• Scheduled maintenance — we will endeavour to provide advance notice where reasonably practicable.
• Unplanned outages, software defects, or infrastructure failures.
• Third-party service disruptions, including failures by Stripe, Supabase, Vercel, or any other provider we rely on.
• Circumstances beyond our reasonable control (see also the Force Majeure clause below).

We will not issue credits or partial refunds of Subscription fees in respect of Platform downtime, outages, or degraded performance unless expressly agreed with you in writing.

While we take reasonable measures to back up Platform data, the Platform is not a data archival or backup service. You are responsible for maintaining independent copies of any business-critical data, and for exporting your data before your account closes.

To the extent permitted by law, we are not liable for loss, corruption, or deletion of data, and your sole remedy for data loss is our reasonable efforts to restore from our most recent available backup.

To the fullest extent permitted by applicable law:

No warranties. We provide the Platform “as is” and “as available”, without warranty of any kind, whether express, implied, or statutory. We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, secure, or free from viruses or harmful code.

Assumption of risk. You accept that the Platform is provided on a best-efforts basis and you assume the risks inherent in using an online service, including interruption, data transmission errors, and third-party failures. Your sole and exclusive remedy for dissatisfaction with the Platform is to stop using it and cancel your Subscription.

Booking issues. We are not liable for any losses, claims, or disputes arising from:

• A Venue's cancellation, overbooking, failure to honour a confirmed booking, or failure to notify Customers of changes.
• Incorrect availability, pricing, or booking details entered by a Venue.
• Disputes between a Venue and its Customers regarding the quality, safety, or availability of simulator facilities.
• A Customer's failure to attend a booking or comply with a Venue's policies.

Payment and financial issues. We are not liable for any losses arising from:

• Payment processing failures, delays, declines, or errors attributable to Stripe or any other payment provider.
• Incorrect bank or payment account details provided by a Venue.
• Delays in settlement or payout caused by Stripe's own processes, reviews, or holds.
• Chargebacks, disputes, or fraudulent transactions initiated by Customers against a Venue.
• Any tax liability arising from payments received by a Venue through the Platform.

Technology and platform issues. We are not liable for any losses arising from:

• Platform downtime, outages, or degraded performance for any reason.
• Data loss, corruption, or unauthorised access resulting from third-party infrastructure failures (including Stripe, Supabase, or Vercel).
• Access control failures, including any failure of bay locking, unlocking, or door-release mechanisms due to connectivity issues, hardware faults, or third-party integration failures.
• Loss or corruption of booking, customer, or business data stored on the Platform.
• Bugs, errors, or inaccuracies in the Platform's software or outputs.
• Unauthorised access to your account resulting from your failure to keep credentials secure.

Consequential and indirect losses. We are not liable for any indirect, incidental, special, punitive, or consequential losses of any kind arising from your use of or inability to use the Platform, including but not limited to lost revenue, lost profits, loss of business, loss of goodwill, or loss of anticipated savings, even if we have been advised of the possibility of such losses.

Liability cap. Our total aggregate liability to you in connection with the Platform — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — will not exceed the greater of £500 or the total Subscription fees you have paid to us in the 12 months immediately preceding the event giving rise to the claim.

Scope of these limits. The limitations and exclusions in this section apply to our liability to you; they do not limit your obligation to pay fees or your obligations under the Indemnity clause.

Time limit for claims. Any claim against us must be brought within 12 months of the date you became aware, or ought reasonably to have become aware, of the event giving rise to it.

Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws of England and Wales.

You (the Venue) agree to indemnify, defend, and hold harmless Cuppacard Ltd, its directors, employees, contractors, and affiliates from and against any and all claims, demands, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms or any applicable law, including consumer protection, data protection, advertising, tax, and health and safety law.
• The operation of your simulator facilities, including any injury, damage, or loss suffered by a Customer or third party at your premises or as a result of your equipment, staff, or services.
• Your collection, use, sharing, or storage of Customer personal data, including any failure to provide your own privacy notices or to obtain a lawful basis for processing.
• Disputes between you and your Customers, including booking disputes, refund disputes, chargebacks, and complaints about service quality.
• Any content, data, pricing, availability, or imagery you upload to or display on the Platform, including any claim that such content infringes a third party's rights.
• Any unlawful, fraudulent, or deceptive use of the Platform by you or any person acting on your account.

We will notify you promptly of any claim covered by this indemnity. We may, at our option, either (a) allow you to control the defence and settlement of the claim with counsel reasonably acceptable to us, or (b) control the defence ourselves at your reasonable expense. You must not settle any claim in a manner that imposes any liability, obligation, or admission on us without our prior written consent, and you must cooperate fully with the defence at your own cost.

If you are a Customer using the Platform as a Consumer, nothing in these Terms excludes or limits your statutory rights under the Consumer Rights Act 2015 or affects your right to bring proceedings in the courts of the part of the United Kingdom in which you live. Where these Terms conflict with your non-excludable statutory rights, your statutory rights prevail.

If you are a Consumer, we are required to inform you that we are not currently signed up to an alternative dispute resolution (ADR) scheme.

You may close your account at any time by contacting us at [email protected] or via your account settings.

We may suspend or terminate your account immediately if you breach these Terms, if we are required to by law, or if we reasonably believe your use of the Platform is causing harm to Customers or third parties.

On termination, your access to the Platform will cease. You should export any data you require before closing your account. We will retain data for the period set out in our Privacy Policy and then delete it.

Neither party is liable for failure or delay in performing its obligations (other than payment obligations) caused by events beyond its reasonable control, including internet or telecommunications outages, failures of hosting, cloud, CDN, or payment infrastructure, power failures, cyberattacks (including DDoS attacks, ransomware, malware, and other malicious intrusions despite reasonable security measures), fire, flood, natural disasters, epidemics, strikes, war, terrorism, and acts of government.

The affected party's obligations are suspended for the duration of the event, and it must take reasonable steps to mitigate. If a force majeure event continues for more than 30 days, either party may terminate these Terms on written notice.

We may update these Terms from time to time. For material changes we will give Venues at least 30 days' notice by email or via the Platform before the changes take effect. If you do not agree to the changes you may cancel your Subscription before the effective date; continued use after the effective date constitutes acceptance. Changes required to comply with law may take effect immediately.

Entire agreement. These Terms, together with the Privacy Policy and any order or pricing page referenced in them, constitute the entire agreement between you and us regarding the Platform and supersede all prior agreements and representations. You acknowledge that you have not relied on any statement not set out in these Terms; nothing in this clause limits liability for fraud.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.

Waiver. A failure or delay by either party to enforce any provision of these Terms is not a waiver of that or any other provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets, provided your rights are not materially reduced.

Third-party rights. Except for our indemnified persons under the Indemnity clause, a person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision.

Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

Survival. Clauses which by their nature should survive termination (including Liability and Disclaimers, Indemnity, Intellectual Property, and this General section) survive termination.

Notices. We may give notices via email to the address on your account or via the Platform; you may give notice by email to [email protected].

Sanctions. You represent that neither you nor your beneficial owners are subject to sanctions administered by the UK, EU, UN, or US, and you will not use the Platform in breach of applicable sanctions or export control laws.

Governing law and jurisdiction. These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales, save that if you are a Consumer resident in Scotland or Northern Ireland you may bring proceedings in your local courts, and nothing in this clause limits your statutory rights.

If you have a complaint or query about the Platform, please contact us:

Cuppacard Ltd
Company number: 15636346
Email: [email protected]

We aim to respond to all enquiries within 2 business days.

This section forms a data processing addendum under Article 28 of the UK GDPR for any Customer personal data we process on behalf of a Venue (the “Venue Data”). For Venue Data, the Venue is the data controller and we are the data processor.

Subject matter and duration. The processing concerns Customer booking data (names, contact details, booking metadata, payment references) and continues for the duration of your Subscription plus the retention periods set out in our Privacy Policy.

Nature and purpose. We process Venue Data to operate the Platform: storing bookings, sending confirmations and reminders, facilitating payments via Stripe Connect, and providing reporting to the Venue.

Categories of data subjects. The Venue's Customers and prospective Customers, including Gift Card purchasers and recipients.

Categories of personal data. Names, email addresses, phone numbers, booking details, Gift Card details, payment confirmation references, and limited technical data (IP address, device).

Our obligations. We will:

• Process Venue Data only on the documented instructions of the Venue, including those set out in these Terms, unless required to do otherwise by law (in which case we will inform the Venue unless prohibited).
• Ensure that personnel authorised to process Venue Data are subject to appropriate confidentiality obligations.
• Implement appropriate technical and organisational security measures, including encryption in transit, access controls, audit logging, and use of reputable infrastructure providers.
• Assist the Venue, taking into account the nature of processing, in responding to data subject rights requests and in fulfilling the Venue's obligations under Articles 32–36 of the UK GDPR.
• Notify the Venue without undue delay, and in any event within 72 hours where feasible, after becoming aware of a personal data breach affecting Venue Data.
• On termination of the Subscription, delete or return all Venue Data to the Venue, subject to retention required by law.

Audits. We will make available to the Venue information necessary to demonstrate compliance with this section and, where that information is insufficient, allow for and contribute to audits (including inspections) conducted by the Venue or its appointed auditor, no more than once per year, on at least 30 days' written notice, during business hours, at the Venue's cost, and subject to reasonable confidentiality obligations. We may satisfy audit requests by providing recent third-party audit reports or certifications.

Sub-processors. The Venue authorises us to engage sub-processors to provide the Platform. Our current sub-processors include Stripe (payments), Supabase (database and authentication), Vercel (hosting), and Amazon Web Services (SES, transactional email). We will give the Venue at least 30 days' notice (via email or the Platform) of any new sub-processor; if the Venue reasonably objects, we will work in good faith to find a resolution and the Venue may terminate the Subscription if no resolution is reached.

International transfers. Where Venue Data is transferred outside the UK, we rely on the UK Government's International Data Transfer Agreement, the UK Addendum to the EU Standard Contractual Clauses, or another lawful transfer mechanism.

Liability under this section. Liability arising from this Addendum is subject to the liability cap and exclusions set out in section 15 of these Terms, except where statute requires otherwise.