Terms of Use Booky Prime 2025
As of: February 4, 2025
Applicability
By purchasing any product (“Product”) offered by Scrambled Eggs Software Inc, its subsidiaries and affiliates (collectively, the “Company,” “we” or “our”) through our websites or online applications that run on smartphones, tablets and other devices which provide dedicated browser and non-browser-based interaction between you and our websites (all of which are collectively called our “Application”), you agree to these terms and conditions of sale (these “Terms of Service”). This includes any discounts or offers (collectively known as “Offers” or “Vouchers”) availed from participating third party merchants (“Merchants”) in accordance with its terms and conditions.
Subscriptions
When you purchase or subscribe to any product on our application, this constitutes an offer to buy the product. We may, at our sole discretion, verify your identity prior to processing a purchase. We may also refuse to process, or may cancel a purchase, as reasonably deemed necessary, to comply with applicable laws or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Service.
Subscription Pricing
You agree to pay the price that is stated at the time of your subscription, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your subscription. Subscription discount eligibility is determined at the time of the subscription. Subscription discounts cannot be applied retroactively.
We reserve the right to change prices and fees at any time. We will notify you in advance if the regular rate of a product changes from what was stated at the time of your subscription.
Occasionally there may be an error or omission related to the pricing or description of advertised products. We will use reasonable efforts to correct any errors or omissions as soon as practicable after learning of them.
If a stated price is determined by us in our sole discretion to be in error, we are not under any obligation to offer you the product at that price. We will notify you of the error and give you the opportunity to cancel your subscription and offer any other equivalent remedies that can be done as of the time of the error.
Billing
We will charge or debit your payment method at the beginning of your subscription or, if applicable, at the end of your free trial period. Billing will continue according to the cycle stated at the time of your subscription.
All subscriptions are renewed automatically. When we renew your subscription, we will use the payment method currently associated with your account. You will not be notified in advance of impending renewals.
You will not be notified in advance of impending renewals.
Unpaid Charges
If your credit card expires or your payment method is otherwise invalid at the payment date of your billing cycle, your subscription will automatically be terminated after Booky has retried your payment method for a reasonable amount of time. You will remain responsible for all charges before the termination date.
You will be responsible for all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys' fees, collection agency fees and any other associated costs.
Third Parties
When you use the product, you may incur other additional charges from third party service providers, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges.
If you have purchased your product through a third party website, these Terms of Sale may not apply to you. We are not liable to you for any claims related to purchases made through third parties. Please contact the third party directly.
Subscription Cancellations and Refunds
When you cancel your subscription, you only cancel future charges associated with your subscription. The cancellation will be effective immediately.
We reserve the right to make changes to our digital products at any time. If we temporarily reduce or eliminate the charge for content or access that you are currently paying for under different terms, you will not receive a refund.
If any or all of our digital products are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
We reserve the right to suspend or terminate your subscription or product for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances.
Click here for instructions on how to cancel your subscription. Please note if you’ve already subscribed with a discount code then cancel, you won’t be able to use the same discount code applied prior. For any concerns, you may reach us at prime@booky.ph.
Merchant Services, Offers, and Bookings
A Booky Prime subscription is required before availing the Application’s Vouchers. A customer may avail of Offers through walk-in transactions with a Merchant. We do not guarantee and are not responsible for the performance of the Merchant’s services and/or the Offers, which are the sole responsibility and are to be provided and/or otherwise performed by the Merchant. We are therefore not responsible for the quality of the service, eligibility, or termination of the Merchant.
Participation in Giveaways
When you participate in any giveaway or raffle offered on our platform, this constitutes an agreement to the specific rules and mechanics associated with the promotion. We reserve the right, at our sole discretion, to verify your eligibility prior to confirming your participation or awarding any prize. We may disqualify entries or participants as reasonably deemed necessary to comply with applicable laws or to address cases of fraud, misrepresentation, or violations of these Terms of Use.
Eligibility Requirements
Participation is open to individuals who meet the eligibility criteria stated at the time of the giveaway announcement. This may include age, residency, or other requirements like being an active and subscribed member. Failure to meet these criteria may result in disqualification.
Entries and Prizes
You agree to follow the outlined mechanics to earn entries for a given giveaway or raffle. Entry limits, prize details, and other conditions will be clearly stated prior to the start of each promotion. Prizes are awarded as described and cannot be exchanged for cash or alternative items unless explicitly stated.
We make every effort to ensure fairness in the selection process. Winners will be chosen using an automated system or method disclosed in the promotion and will be notified using the contact information provided on their account.
Taxes and Fees
If applicable, you agree to comply with local tax requirements related to the prize. For prizes exceeding Php 10,000, the 20% prize tax, as required by Philippine law, will be the sole responsibility of the winner.
Errors and Discrepancies
Occasionally, there may be errors or discrepancies related to the giveaway mechanics, prize descriptions, or notifications. We reserve the right to correct such errors and will notify affected participants as soon as reasonably practicable.
Disqualification and Suspension
We may, at our sole discretion, disqualify any participant or void any entry that we reasonably believe has violated these Terms of Use. This includes, but is not limited to, cases involving fraud, misrepresentation, or attempts to manipulate the results of a giveaway or raffle.
Compliance and Transparency
All giveaways and raffles are conducted in compliance with relevant laws and regulations, including any required registration with government authorities such as the Department of Trade and Industry (DTI). Where applicable, we may publish the names of winners to ensure transparency and compliance.
Modifications and Cancellations
We reserve the right to modify or cancel any giveaway or raffle as reasonably necessary to comply with laws or in response to unforeseen circumstances. In such cases, we will notify participants of any significant changes or cancellations.
By participating in any giveaway or raffle, you confirm your understanding and acceptance of these terms, as well as the specific conditions outlined in the promotion.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OR USE, OR INABILITY TO USE, ANY PRODUCT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Philippines, without giving effect to any choice or conflict of law provision or rule (whether of the Philippines governing law or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service shall be instituted exclusively in the courts of the Philippines, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SALE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Entire Agreement
This Terms of Service and our Rules of Use constitute the sole and entire agreement between you and Scrambled Eggs Pte Ltd with respect to your purchase of any Product and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such purchase.