SumUp Bookings Terms

1. Introduction

By using SumUp Booking Services ("Booking Services"), you agree to be bound by SumUp’s General Terms (available at sumup.com/en-au/terms/), these SumUp Booking Terms ("Booking Terms"), and all other terms and policies applicable to specific SumUp Services that you may use. These Booking Terms are Additional Terms and, together with the General Terms, form part of the legal agreement between you and SumUp Payments Pty Ltd ("SumUp", "we", "us", "our").

For the processing of payments as part of the Booking Services, the Australian Terms (available at https://www.sumup.com/en-au/terms/) apply.

Unless otherwise defined herein, capitalised terms have the same meaning as in the General Terms and the AU Payment Terms.

The Booking Terms do not apply to your relationship with your customers ("End Customers") using SumUp Bookings to schedule bookings with you.

2. Eligibility

The Booking Services are only available to businesses and are not intended for personal use by consumers. By using the Booking Services, you confirm that you are an entrepreneur, freelancer, or business owner and use the Booking Services exclusively for business purposes.

To the extent permitted by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ("ACL"), and any other applicable Australian consumer protection legislation, you acknowledge that the Booking Services are supplied in trade or commerce and you are acquiring them for business purposes. Nothing in these Booking Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the ACL or any other applicable law that cannot lawfully be excluded or limited.

You must have an Account with SumUp to use the Booking Services, as described in the General Terms.

You should not use our Booking Services if you have an obligation of professional secrecy under applicable laws (including but not limited to sectors such as tax, health, legal practice, auditing, or journalism). It is your responsibility to ensure compliance with all legal and regulatory requirements with respect to your professional secrecy obligations. We disclaim any liability for consequences arising from the use of the Booking Services for activities covered by professional secrecy obligations under Australian law.

3. SumUp Booking Services

SumUp Booking Services include SumUp’s booking system, as described on our website at sumup.com/en-au/bookings/, that enables your End Customers to schedule bookings with you, as well as your management of such bookings through the Booking Services.

You may accept payments from End Customers for bookings scheduled through the Booking Services through different Payment Services offered by SumUp. Your access to and use of the Payment Services is governed by the AU Payment Terms.

We reserve the right to change, modify, upgrade, add to, or discontinue the Booking Services or any portion or feature thereof at any time. We will endeavour to provide reasonable notice of significant changes that may affect your use of the Booking Services. Minor changes or updates that do not materially impact the service may be implemented without prior notice.

4. Your Responsibilities and Warranties

You are responsible for all activity occurring during your use of the Booking Services, including that of your End Customers. You warrant that your use of the Booking Services will comply with all applicable laws and regulations, including but not limited to: the ACL, the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), the A New Tax System (Goods and Services Tax) Act 1999 (Cth), and all other applicable Australian consumer, data protection, tax, marketing, and related laws. You must not use the Booking Services to offer services that are illegal or potentially illegal.

There is no direct legal relationship between SumUp and your End Customers for the usage of the Booking Services. All matters relating to payments, refunds, and cancellations of services that you extend to your End Customers are managed directly between you and such End Customers in accordance with the terms and conditions agreed upon between you and such End Customer. SumUp bears no responsibility for the commercial and legal relationship between you and your End Customers.

We are not liable for your non-compliance with any laws or regulations, or non-compliance with your customer policies and terms. We do not warrant, endorse, guarantee, or assume responsibility for services you may offer through the Booking Services or for claims made against you by your End Customers.

You agree that you are responsible for the following in connection with the use of the Booking Services:

1. ensuring that you can fulfil all bookings made through the Booking Services and communicating changes directly to your End Customers;

2. keeping your services up to date and managing availability for online scheduling of bookings, including settings for your staff and services, bookable days and times, and lead times, to prevent double-bookings and other events which would adversely affect your End Customers. You are responsible for reviewing your online bookings regularly. If you cannot honour any booking made through the Booking Services, you agree to promptly communicate such change to the relevant End Customers;

3. providing End Customers with an adequate return and refund policy in compliance with applicable laws, including the ACL;

4. handling all complaints, inquiries, comments, and claims related to goods and services you offer, in accordance with the ACL and any applicable Australian consumer protection laws;

5. fulfilling your tax obligations related to the sale of goods and services, including your obligations under the GST Act, and where necessary notifying End Customers of applicable taxes including GST;

6. providing your End Customers with complete and accurate information about your business, including a description of the goods or services subject to booking, customer service contact details, address, delivery policy, privacy policy, and all other information legally required to be provided to customers under applicable Australian laws;

7. installing software updates promptly, if applicable;

8. ensuring your staff comply with these Booking Terms;

9. maintaining the security and control of your premises, equipment (including hardware and associated firmware), and username(s) and access passwords to your SumUp Account; and

10. immediately notifying SumUp if you become aware of any unauthorised activity under your SumUp Account and cooperating with SumUp to prevent any further unauthorised activity.

You must present your Terms and Conditions (if any) and Privacy Policy to End Customers prior to the scheduling of a booking. SumUp accepts no liability for the content or display of your Terms and Conditions or Privacy Policy.

You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Booking Services, or use or access to the Booking Services, without express written permission from us.

5. Personal Data and Privacy

To provide you with the Booking Services, SumUp processes personal information of your staff/team and your End Customers. SumUp handles all personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

Our Privacy Policy, available at sumup.com/en-au/privacy/ ("AU Privacy Policy"), sets out how SumUp collects, uses, discloses, and stores personal information, including the types of personal information collected, the purposes of collection, and your rights in respect of that information.

The Data Handling Agreement ("AU DHA"), which forms an integral part of these Booking Terms, regulates the processing of personal information of your End Customers and staff on SumUp’s part as service provider. The AU DHA is available at [https://www.sumup.com/en-au/privacy/].

Where SumUp transfers personal information outside Australia, SumUp will take reasonable steps in accordance with APP 8 to ensure that the overseas recipient does not breach the APPs in relation to that information.

In the event of a data breach that is likely to result in serious harm to any individual whose information is involved, SumUp will comply with its obligations under the Notifiable Data Breaches scheme under Part IIIC of the Privacy Act 1988 (Cth), including notifying the Office of the Australian Information Commissioner (OAIC) and affected individuals as required.

6. Fees

For use of the Booking Services, depending on the selected subscription plan (if applicable), you agree to pay the applicable fees as set out on our website at sumup.com/en-au/bookings/ and/or in your Account settings, or as otherwise agreed in writing. All fees are expressed and payable in Australian dollars (AUD) and are inclusive of GST where applicable, unless otherwise stated.

By providing your credit card or other payment information, you consent to SumUp using that information for payments in respect of services, fees, purchases, and any other amounts you may owe SumUp, including chargebacks, refunds, or other adjustments.

In the event of late payment, SumUp reserves the right to charge a late payment fee and/or interest up to the maximum amount permitted by law.

In the event of non-payment of applicable fees, SumUp shall be entitled to suspend or terminate the provision of services, subject to any notice requirements imposed by applicable Australian law. This does not exempt you from paying applicable fees accrued up to the date of suspension or termination.

We reserve the right to change fees upon thirty (30) days’ advance written notice. Your continued use of the Booking Services after the notice period constitutes your agreement to such changes. To the extent that any fee change constitutes an unfair contract term under Part 2-3 of the ACL, SumUp will not enforce such change.

7. Our Liability

7.1 Australian Consumer Law

Nothing in these Booking Terms excludes, restricts, or modifies:

1. any guarantee, warranty, right, or remedy conferred on you by the ACL or any other applicable Australian legislation that cannot lawfully be excluded or limited; or

2. SumUp’s liability for death or personal injury caused by SumUp’s negligence, or for fraud or fraudulent misrepresentation.

To the extent that any guarantee is implied under the ACL in respect of services not of a kind ordinarily acquired for personal, domestic, or household use or consumption, SumUp’s liability for failure to comply with such a guarantee is limited, at SumUp’s election, to the supply of the services again or the payment of the cost of having the services supplied again, to the maximum extent permitted by section 64A of the ACL.

7.2 General Limitation

Subject to clause 7.1, and to the maximum extent permitted by law:

1. SumUp provides the Booking Services “as is” and, except as required by the ACL, makes no representations or warranties, express or implied, about the fitness for purpose, merchantability, or accuracy of the Booking Services;

2. SumUp has no obligation to prevent and bears no liability for any service failure, fraud, or loss (including loss of profit, data, or business) associated with the Booking Services, where such failure or loss arises other than as a result of SumUp’s negligence or wilful misconduct; and

3. SumUp’s total aggregate liability to you under or in connection with these Booking Terms shall not exceed the total fees paid by you to SumUp in the three (3) months immediately preceding the event giving rise to the claim.

7.3 Indemnity

You release SumUp (and its affiliates, officers, directors, employees, and agents) from any and all claims connected with any disputes with End Customers related to their bookings and associated payments, refunds, or cancellations. This indemnity does not limit any rights you may have under the ACL or other applicable Australian consumer protection laws.

You agree to indemnify and hold harmless SumUp from any loss, cost, damages, or liabilities SumUp incurs as a result of your breach of these Booking Terms, your non-compliance with applicable laws or regulations, or any claim by an End Customer arising from your acts or omissions, except to the extent caused by SumUp’s negligence or wilful misconduct.

8. Unfair Contract Terms

These Booking Terms constitute a standard form contract. To the extent that any term in these Booking Terms constitutes an unfair contract term within the meaning of Part 2-3 of the ACL, SumUp will not seek to rely on that term. For the avoidance of doubt, SumUp acknowledges its obligations under the ACL as it applies to small business contracts.

9. Dispute Resolution

9.1 Internal Resolution

If you have a complaint or dispute in connection with the Booking Services, please contact SumUp in the first instance at [email protected]. SumUp will acknowledge your complaint within five (5) business days and endeavour to resolve it within thirty (30) business days.

9.2 Mediation

If a dispute cannot be resolved through SumUp’s internal complaint process, either party may refer the dispute to mediation administered by a mutually agreed independent mediator. The costs of mediation shall be shared equally between the parties unless otherwise agreed.

9.3 Disputes Relating to Booked Services

Any dispute, complaint, or claim arising out of or in connection with the services booked through the Website — including but not limited to the quality, delivery, cancellation, or refund of those services — must be directed to and resolved with the Merchant who provided those services. SumUp has no responsibility for, and is not a party to, any dispute between you and a Merchant in connection with the services they offer. While SumUp may, at its sole discretion, offer assistance in facilitating communication between you and a Merchant, it is under no obligation to do so and shall not be liable for any outcome.

9.4 Disputes Relating to the Booking Platform

Any dispute, complaint, or claim arising out of or in connection with the Website, the Booking Services operated by SumUp, or these Terms — including but not limited to technical issues, access to the platform, or SumUp's conduct as operator — should be directed to SumUp in is official supporting channels.

9.5 Governing Law and Jurisdiction

These Booking Terms are governed by the laws of the State of Victoria, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.

10. Intellectual Property

SumUp’s intellectual property rights (“IP Rights”) include any and all rights related directly or indirectly to the Booking Services, the website, internet domain names, content, technology related to the Booking Services, and logos, including but not limited to copyrights, moral rights, database rights, trade marks, service marks, name rights, utility models and design rights, patents, and all other exclusive and non-exclusive rights worldwide as may now exist or come into existence, be granted, or transferred.

We (or our licensors) are the exclusive owner of all IP Rights. You agree that you will not access or monitor any material or information on our website or systems using any data extraction, web scraping, or similar process, whether manual or automated. You also agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, or distribute the Booking Services or any material or information made available to you by us.

11. Third Party Links

Links and references to third party websites, including Merchant websites (if applicable), are provided for convenience only. SumUp does not expressly or implicitly endorse any information, materials, or services offered on third party sites, nor their accessibility or security. SumUp does not assume any responsibility or liability for third party sites, nor does SumUp make any representation or warranty with respect to those sites.

12. Cancellation or Termination

You may cancel your use of the Booking Services at any time through your Account settings or by stopping use of the Booking Services. Alternatively, cancellation may be communicated in writing by email to [email protected].

Where a subscription fee for the Booking Services applies, you are obliged to pay applicable fees until the end of your current subscription period. SumUp will not refund fees already paid, but you will retain access to the Booking Services until the end of the applicable subscription period.

SumUp may, at its sole discretion, suspend or terminate your Account and/or access to the Booking Services if it determines, or reasonably suspects, that a violation of these Booking Terms, the General Terms, or the AU Payment Terms has occurred. SumUp will provide reasonable advance notice of termination or suspension except where immediate action is required to protect SumUp, its customers, or third parties, or where required by law.

The restrictions and termination provisions in the General Terms apply and are incorporated herein by reference.

13. Modification of Terms

We reserve the right to modify or update these Booking Terms at any time. Where any modification materially affects your rights or obligations, we will provide at least thirty (30) days’ prior written notice before the modification takes effect. Your continued use of the Booking Services following the notice period constitutes your acceptance of the updated terms. If you do not agree to the updated terms, you may cancel your use of the Booking Services in accordance with clause 12 before the changes take effect.

14. Contact

If you have any questions or concerns about these Booking Terms, please contact us at: