Digital Ocean – Plush Bookings — Legal Policy Pack

1) Terms of Service

1.1 Our Role

We provide an online booking and hosting platform. Merchants configure services, pricing, policies, messaging, and are solely responsible for their customer relationships and compliance.

1.2 Accounts & Eligibility

• Provide accurate details, safeguard credentials, and update information promptly.
• You are responsible for your team members’ permissions and actions.

1.3 Billing, Payments & Taxes

• Subscriptions & Usage. Platform subscriptions and any metered features (e.g., SMS) are billed per plan. Prices may change with reasonable notice.
• Payment Processing. Merchant–customer payments are processed via the Merchant’s own Stripe account (incl. Apple Pay where enabled). Merchants are responsible for Stripe fees, refunds, chargebacks, and disputes. We do not collect or refund these amounts.
• Taxes. Merchants are solely responsible for assessing, collecting, and remitting taxes and issuing tax invoices to End Customers.

1.4 Data Roles & Licence

• Merchant as Controller. For End Customer data, the Merchant is the controller. We act as a processor in operating the Service.
• Operational Licence. You grant us a non‑exclusive licence to host, process, transmit, and display content/data to operate the Service, provide support, and comply with law.

1.5 Availability, Maintenance & Support

• No Uptime Guarantee. We strive for high availability, but outages/maintenance may occur. Downtime does not entitle you to compensation unless required by law.
• Support. Reasonable support is provided via standard channels; third‑party systems outside our control are excluded.

1.6 Suspension & Termination (At‑Will)

• We may suspend or terminate any account, site, or feature at any time, with or without notice or reason, including for misuse, legal obligations, security risks, non‑payment, or to protect platform integrity and users.
• Upon termination, access ceases immediately. We may retain or delete data per our retention policies and legal obligations.

1.7 Backups & Data Export

• We perform regular backups; however, we cannot guarantee full data recovery after any incident. You should regularly export critical data.
• Export tools may be provided; ensure you maintain your own business records.

1.8 Acceptable Use

Use must comply with the Acceptable Use Policy. We may remove content, restrict features, or suspend accounts for violations.

1.9 Intellectual Property

• The Service and related IP remain our property. You receive a limited, revocable licence to use the Service for your business.
• You warrant you have rights to all content you upload and that it does not infringe third‑party rights.

1.10 Warranties & Disclaimers

The Service is provided on an “as‑is” and “as‑available” basis. To the extent permitted by law, we disclaim implied warranties (merchantability, fitness for purpose, non‑infringement). Nothing here limits rights under the Australian Consumer Law (ACL) that cannot be excluded.

1.11 Limitation of Liability

To the maximum extent permitted by law, we are not liable for lost profits, revenue, bookings, goodwill, data loss/corruption, business interruption, or indirect/special/consequential/exemplary damages, or losses arising from downtime, scheduling errors, or third‑party failures (incl. Stripe or telecoms). Our total liability is limited to the fees you paid to us in the three (3) months preceding the event giving rise to the claim.

1.12 Indemnity

You indemnify us against claims, losses, costs (incl. legal fees) arising from your breach of these Terms/law, your services to End Customers, disputes with End Customers, your content, your misuse of the Service, or your use of third‑party tools (incl. Stripe).

1.13 Force Majeure

We are not responsible for delay/failure caused by events beyond reasonable control: Internet/hosting failures, DDoS, power outages, strikes, acts of God, government actions, or changes in law.

1.14 Changes, Term & Survival

• We may update these Terms by posting an updated version or via in‑app/email notice. Continued use constitutes acceptance.
• Clauses on IP, payments owed, liability limits, indemnities, governing law, and dispute terms survive termination.

1.15 Governing Law & Disputes

These Terms are governed by the laws of Queensland, Australia. The parties submit to its non‑exclusive jurisdiction.

2) Privacy Policy

2.1 Information We Collect

• Account & Billing: Business details, contacts, plan/usage, payment identifiers (via Stripe).
• Operational: Services, staff rosters, calendars, locations, booking data, and communications logs.
• End Customer: Names, contact details, appointment history, notes provided by Merchants.
• Technical: Device, browser, IP address, logs, analytics signals for security/performance.

2.2 How We Use Information

• Provide, operate, secure, and improve the Service (hosting, notifications, anti‑abuse).
• Billing, account administration, and service communications.
• Legal compliance and enforcing our Terms.

2.3 Marketing & Communications

We may send service updates and occasional marketing about Plush Bookings. You can opt out of non‑essential marketing at any time via unsubscribe links or by contacting us.

2.4 Third‑Party Integrations

We use third‑party processors for hosting, analytics, email/SMS delivery, chat, and payments, such as DigitalOcean (hosting), Stripe (payments), Google Analytics, and Elfsight (support chat). These providers process limited personal data under confidentiality and security obligations.

2.5 Data Subject Rights (APPs/GDPR/CCPA)

• Access, correction, deletion/erasure (where applicable), and portability of your personal information.
• Withdraw consent for non‑essential processing.
• Object to or restrict certain processing where local law provides.
• Lodge a complaint with the Office of the Australian Information Commissioner (OAIC) or your local regulator.

2.6 Cross‑Border Data Transfers

Data may be stored in Australia or transferred to providers in jurisdictions such as Singapore, the United States, or the European Union. We take reasonable steps to ensure overseas recipients protect personal information consistent with the APPs.

2.7 Security Practices (Overview)

We use HTTPS encryption in transit, access controls and least‑privilege on systems, network firewalls, monitored infrastructure, and regular backups. No method of transmission or storage is completely secure.

2.8 Retention & Deletion (Examples)

• Billing records: retained for up to 7 years to meet accounting/legal requirements.
• Support logs: typically 12 months.
• Deleted accounts: data purged within 90 days unless law requires longer retention.

2.9 Children’s Data

The Service is not directed to individuals under 16. We do not knowingly collect information from minors; if identified, we will delete it.

2.10 Data Breach Procedures

If a breach likely to cause serious harm occurs, we will notify affected users and the OAIC under the Notifiable Data Breaches scheme, and any other regulators as required.

2.11 Automated Decision‑Making

We do not rely on automated decision‑making or profiling that produces legal or similarly significant effects without human review.

2.12 Version Control

This Privacy Policy may be updated periodically. The latest version is available at https://plushbookings.com/policy-pack.php. Material changes will be communicated via email or in‑app notice.

2.13 Privacy Contact

Privacy Officer — Digital Ocean – Plush Bookings
Email: info@digitalocean.world

3) Cookies & Tracking Technologies

3.1 Types

• Essential: login/session security and core features.
• Functional: preferences (language, layout).
• Analytics: performance, diagnostics, and improvement.

3.2 Choices

• Adjust browser settings to block/delete cookies (essential cookies are required for login).
• Where required by law, we request consent for non‑essential cookies.

4) Refund & Cancellation Policy

4.1 Subscriptions & Billing

• Plans renew automatically unless cancelled before renewal.
• Usage fees (e.g., SMS) may be billed in arrears.
• Price changes may occur with reasonable notice; continued use after the effective date constitutes acceptance.

4.2 Cancellations

• Cancel anytime; access continues until the end of the paid period.
• Export your data before cancellation. We may delete data after closure, subject to law.

4.3 Refunds

• No pro‑rata refunds for partial months, unused features, or mid‑cycle downgrades, except as required by the ACL.

4.4 Merchant–Client Payments

Transactions between Merchants and End Customers (deposits, no‑show fees, refunds) are the Merchant’s responsibility and are processed via the Merchant’s Stripe account. We do not handle these funds and cannot issue refunds on a Merchant’s behalf.

5) Acceptable Use Policy

5.1 Prohibited Activities

• Illegal, harmful, deceptive, defamatory, or infringing content or conduct.
• Spam or messaging without valid consent; unlawful marketing.
• Uploading malware, bypassing security, scraping, or abusive load.
• Collecting sensitive personal data without lawful basis and explicit consent.

5.2 Enforcement

We may remove content, rate‑limit, restrict features, or suspend/terminate accounts to protect the Service and users.

6) Data Processing Addendum (Summary)

6.1 Roles

• Merchant (Controller): determines purposes/means of processing End Customer data.
• Plush Bookings (Processor): processes personal data solely to provide the Service, in accordance with Merchant instructions and this Policy Pack.

6.2 Sub‑Processors

We may use audited sub‑processors (e.g., hosting, payments, analytics, communications). On request, we will provide the current list and notify Merchants of material changes where practicable.

6.3 Security & Breach

We maintain appropriate technical/organisational measures (see Privacy §2.7). We will notify Merchants without undue delay after becoming aware of a personal data breach affecting Merchant data.

6.4 Data Subject Requests

We will reasonably assist Merchants in responding to access/correction/erasure and other rights requests, where applicable.

6.5 International Transfers

Transfers follow safeguards consistent with APPs and, where applicable, GDPR mechanisms (e.g., standard contractual clauses).

6.6 Return/Deletion

Upon termination or Merchant request, we will delete or return personal data, unless retention is required by law.

7) Contact & Legal

Digital Ocean – Plush Bookings
Website: https://plushbookings.com
ABN 80 847 791 561
Email: info@digitalocean.world
Phone: 0493 488 649

This page is for general information and does not constitute legal advice. Consider obtaining independent legal review tailored to your circumstances.