Our Terms

Please read these Terms of Service carefully before using our platform. By accessing, using, or attempting to use Stokerr.com, you enter into a legally binding contract with us, and you agree to these Terms of Service, our Privacy Policy, and any linked terms or supplemental terms referenced in this document.

These Terms of Service apply generally to the Service and to all Subscribers and Customers (as defined in Section 1). If you find anything in this document that you do not agree with, please stop using Stokerr immediately.

In these Terms of Service, “Storkerr”, “we”, “us” and “our” refers to Stokerr, Suite 24225, 3/2237 Gold Coast Hwy, Mermaid Beach QLD 4218, Australia. “You” and “your” refers to the individual or organisation using the Stokerr platform.

1. Definitions

In these Terms of Service, the following terms have the meanings set out below:

Agreement means the contract comprising these Terms of Service (as amended from time to time), our Privacy Policy, and any supplemental terms or linked documents incorporated herein.

Subscriber means any natural person or legal entity who has subscribed to a Paid Plan and entered into this Agreement with Stokerr. The term “Subscriber” includes all employees or authorised users of that Subscriber.

Subscriber Account means the account created by a Subscriber to access and use the Service.

Subscriber Content means any content provided by Subscriber within the platform, including any data entered, recorded, stored, used, modified, disclosed, transmitted, or deleted, as well as Subscriber Data.

Subscriber Data means data in electronic form input or collected through the platform by or on behalf of a Subscriber, including all personal data as defined in our Privacy Policy.

Booking Page means the page created by the Subscriber, available to their end customers, used to book the Subscriber’s services through the Stokerr platform.

Customer means any person or entity who uses the Stokerr platform to book an appointment or purchase a service through a Subscriber’s Booking Page.

Dashboard means the administrative environment provided via the Service, accessible to the Subscriber and any staff members granted access by the Subscriber.

Dispute means any dispute, controversy, claim, or action between Subscriber and Stokerr arising out of or related to the platform, the Agreement, the Service, or the breach, enforcement, interpretation, or validity of this Agreement.

Paid Plan means any subscription plan charged by Stokerr, being either the Monthly Plan or the Annual Plan as described in Section 8.

Service means making the Stokerr platform available to Subscribers in full or in part, including any updates, upgrades, enhancements, modifications, new features, programs, and tools.

Subscription Term means the period for which a Paid Plan is made available to the Subscriber and for which the Subscriber pays the applicable fee, being either monthly or annually as chosen upon subscription.

Platform or Stokerr means the services and appointments booking software operated by Stokerr, used by Subscribers to provide booking and scheduling services to their Customers.

Website means the website located at https://stokerr.com.

Intellectual Property Rights means any and all registered and unregistered rights granted, applied for, or otherwise existing under or related to any patent, copyright, trademark, trade secret, database right, or other intellectual property right, and all similar or equivalent rights, in any part of the world.

Privacy Policy means the policy available on our Website explaining how we collect, share, and use your personal data, and how you can exercise your rights as a data subject.

2. Who can use Stokerr?

The Service is solely intended for persons who have full legal capacity.

Natural persons

If you are a natural person, you must be of the age of majority (18 years of age or older, or the legal age in your jurisdiction) to use the Service. By using Stokerr, you represent that you are of legal age. If you are not, please stop using the Service immediately.

You are responsible for ensuring that any staff member or Customer who is a natural person, and who accesses the Service through your account, has full active legal capacity.

While Stokerr is primarily aimed at businesses, if you are a natural person using the Service for a purpose unrelated to trade, business, or profession, and wish to rely on consumer protection legislation, you must notify us before commencing use. Failure to do so may limit your ability to invoke consumer rights.

Enterprises (legal entities)

If you enter into this Agreement on behalf of a company or other legal entity, you warrant that:

• you have full legal authority to bind that entity to this Agreement;
• you have read and understood these Terms of Service in their entirety;
• you have the entity’s permission to use its content and data through the Service;
• you agree to these Terms on behalf of the entity you represent.

If you subscribe using a corporate email address, you will be deemed to represent that company. In such case, both the company and the individual who subscribed are jointly responsible for compliance with this Agreement.

General

Stokerr reserves the right to manage the accounts it will serve and the industries it will engage with, including declining to provide Service to certain parties, industries, or locations, at its sole discretion.

3. The Stokerr service

You will be bound by this Agreement from the earliest of:

• creating a Subscriber Account;
• agreeing to this Agreement by any other means (including by clicking “I agree”);
• making payment for the Service in accordance with this Agreement.

We will make the Service available to you pursuant to this Agreement and your chosen Paid Plan. We will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except during planned downtime (of which we will give advance notice), for unavailability caused by circumstances beyond our reasonable control including force majeure events, or as necessary to update the Service for security, integrity, or legal compliance purposes.

We may modify the features and functionality of the Service during the Term of the Agreement. We will provide commercially reasonable advance notice to Subscribers of material changes where practicable.

4. Modifications of these terms

Stokerr may update or modify these Terms of Service from time to time. We will notify you of any material changes by email or via a prominent notice on the platform at least 30 days before the changes take effect.

If you do not agree to the updated Terms, you may cancel your subscription before the changes take effect in accordance with Section 9 (Cancellation). Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.

The current version of these Terms will always be available on our Website. We encourage you to review these Terms periodically.

5. Electronic communications

By creating a Subscriber Account and using the Service, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the platform or Website.

You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

You are responsible for ensuring that your email address registered with us is kept current and accurate. Notices sent to your registered email address will be deemed received on the day following dispatch.

6. Intellectual property

The Stokerr platform, including all software, code, design, text, graphics, user interfaces, and related content, is owned by or licensed to Stokerr and is protected by applicable intellectual property laws.

Nothing in this Agreement transfers any Intellectual Property Rights to you. All rights not expressly granted to you are reserved by Stokerr.

“Stokerr” and associated logos and marks are trademarks of Stokerr. You may not use our name, logos, or trademarks without our prior written permission.

7. Authorisation to use

In consideration of your acceptance of this Agreement and payment of all applicable fees, Stokerr grants you a limited, non-exclusive, non-transferable, revocable authorisation to access and make use of the Service solely for your internal business purposes, in accordance with this Agreement and any instructions on our Website or within the platform.

This authorisation does not give you any right to, and you must not:

• publish, copy, rent, lease, lend, sell, create derivative works from, or transfer in any way the platform, Website, Service, or any portion thereof;
• distribute, transmit, publish, or otherwise disseminate the platform, Website, Service, or any portion thereof;
• attempt to access or derive the source code or architecture of the platform, or work around any technical restrictions or limitations;
• reverse engineer, decompile, or disassemble the platform, or attempt to do so;
• use any features of the Service in any way that could interfere with others’ use, or to gain unauthorised access to any service, data, account, or network;
• probe, scan, or test the vulnerability of the platform or any associated system or network, or breach any security or authentication measures.

You and your authorised users agree to use the Service only in compliance with all applicable local, national, and international laws, rules, and regulations.

8. Subscription

Stokerr offers two Paid Plans:

• Monthly plan (pay-as-you-go): Subscription fees are charged monthly at the start of each billing cycle. The subscription renews automatically each month until cancelled.
• Annual plan: Subscription fees are charged upfront for the full year at the start of each billing cycle. The subscription renews automatically each year until cancelled.

All Paid Plans include full, unlimited access to all Stokerr platform features, with the exception of SMS functionality, which is an optional paid add-on (see Section 8.3 below).

There are no feature tiers or usage limits on the core platform. You receive the complete Stokerr experience on either plan.

Stokerr does not offer a free plan. Access to the Service requires an active Paid Plan subscription.

8.1 Pricing and price changes

Current pricing for each plan is displayed on our Website at stokerr.com and is quoted in Australian Dollars (AUD), inclusive of GST where applicable, unless stated otherwise.

Prices are subject to change at any time. Any price change will become binding on Subscribers 30 days after written notice is sent by Stokerr, unless the Subscriber cancels before the end of that notice period or before the end of the then-current Subscription Term, whichever is later. Notice may be sent by email to your registered email address or posted on the Website.

8.2 Billing and payment

Payment for the Service is due before the commencement of each Subscription Term. By providing your payment details, you authorise Stokerr to charge the applicable fees on each billing date.

Unless you notify us before your payment date that you wish to cancel, your subscription will automatically renew and we will collect the then-applicable fees using your previously provided payment method, without further notice to you (unless required by applicable law).

You are responsible for keeping all billing details accurate and current, including changes to your credit card number or billing address. If your default payment method is declined for any reason, we may deny access to the Service until the outstanding amount is settled.

All fees are exclusive of any applicable taxes, duties, and public charges, save where Stokerr has explicitly stated to the contrary. You are responsible for all taxes applicable to your subscription in your jurisdiction.

8.3 SMS add-on

SMS functionality is available as a separate, optional paid add-on. SMS credits are purchased separately at an additional cost. Pricing and terms for the SMS add-on are provided at the point of purchase.

8.4 Customer payments

Payments made by your Customers for services booked via your Booking Page are handled by third-party payment gateways (such as Stripe or PayPal). Stokerr does not receive any commission for Customer payments and is not liable for any matter in connection with Customer payment processing. Stokerr is not liable for the accuracy of prices you offer to your Customers, which may be changed at your sole discretion.

9. Cancellation

You may cancel your subscription at any time by accessing your Subscriber Account settings or by contacting us at [email protected].

Monthly plan

For the monthly plan, cancellation takes effect at the end of your current billing month. You will not be charged for subsequent months. No refund is provided for the current billing month.

Annual plan

If you wish to cancel your annual subscription, please email us at [email protected]. If you cancel within the first 30 days of your annual subscription purchase date, you are eligible for a full refund. Cancellation requests received after 30 days of purchase are not eligible for a refund, and your access to the Service will continue until the end of your current annual Subscription Term.

General

Cessation of use of the Service does not constitute cancellation. If you no longer wish to use Stokerr, you must formally cancel your subscription by contacting us.

If you wish to change plans and switch from Monthly to Annual, please contact us at [email protected], and we will organise the switch to the new plan.

10. Automatic renewals

Annual plan renewals

On your annual renewal date, your subscription will automatically renew for a further 12-month period at the then-current annual price, plus any applicable taxes, unless you cancel in accordance with the cancellation policy in Section 9.

If our pricing has changed since your last billing date, you will be charged the current annual price applicable at the time of renewal. We will always notify you of any price change in advance in accordance with Section 8.1.

Renewal notices

To ensure you have adequate notice of your upcoming annual renewal, we will send reminder emails to your registered email address at the following intervals before your renewal date:

• 30 days before renewal
• 15 days before renewal
• 7 days before renewal

It is your responsibility to ensure your registered email address is current and accurate so that renewal notices are received.

Cancellation before renewal

If you do not wish to renew your annual subscription, you must notify us at [email protected] at least 7 days before your renewal date. Cancellation requests received less than 7 days before the renewal date may not be processed in time to prevent the renewal charge.

Accidental renewals

If your annual subscription renews and you believe this was unintended, you must notify us at [email protected] within 15 days of the renewal date. Provided we receive notification within this 15-day window, we will issue a full refund of the renewal charge and cancel the subscription. Accidental renewal claims received after 15 days of the renewal date will not be eligible for a refund.

Monthly plan renewals

Monthly subscriptions renew automatically at the start of each billing month. No advance renewal notices are sent for monthly plans. You may cancel a monthly subscription at any time in accordance with Section 9.

11. Acceptable use of Stokerr

You agree to comply with the following rules of acceptable use:

• All information you provide to Stokerr must be complete, accurate, and up-to-date. It is strictly prohibited to use a false identity on the platform.
• Your Subscriber Account may be used only by you. You must not allow any third parties to use your account individually or simultaneously with you.
• You must take all necessary measures to maintain the security of your Subscriber Account credentials. You are responsible for all activity that occurs under your account, whether authorised or not. You must notify us immediately at [email protected] if you discover any unauthorised use of your account.
• You must not engage in any activity that violates the privacy of others, unlawfully processes personal data, or uses the platform to share inappropriate, illegal, or harmful content.
• You must not conduct web scraping or data scraping on or related to the platform, including the use of bots, web crawlers, or software simulating human activity.
• You must not automate access to the Website or Service without our prior written consent.
• You must not access the Service or platform with the purpose of building a competitive product, copying Stokerr’s ideas, features, functions, or graphics.
• You must comply with all applicable local, national, and international laws and regulations in connection with your use of the platform and Service.

You are fully responsible for all activities and conduct that occur under your Subscriber Account.

12. Subscriber content, subscriber data, and personal data protection

Ownership of subscriber content

You are solely responsible for any Subscriber Content uploaded, processed, entered, or otherwise transmitted in connection with your use of the Service. By entering into this Agreement, you warrant that you are the owner of, or have obtained a valid and enforceable licence to use, all Subscriber Content.

Subscriber Content must not infringe, misappropriate, or violate the rights of any person or entity, or any applicable law, rule, or regulation.

Data ownership and use

As between Stokerr and you, you retain sole ownership of all Subscriber Content and Subscriber Data. Stokerr will not, unless previously explicitly authorised by you:

• access, process, or otherwise use Subscriber Data other than as necessary to provide the Service; or
• intentionally grant any third party access to Subscriber Data, except to sub-processors subject to a reasonable non-disclosure obligation.

Stokerr may disclose Subscriber Data as required by applicable law or by a proper legal or governmental authority. We will give you prompt notice of any such demand where legally permitted, and will reasonably cooperate with you in seeking a protective order or otherwise contesting such disclosure.

Data accuracy and compliance

Stokerr has no responsibility for the accuracy of data uploaded to the platform by you. You are solely responsible for ensuring that all Subscriber Data and Subscriber Content is accurate and lawfully held.

You warrant that you have obtained all necessary consents, permissions, and legal bases to process any personal data uploaded to the platform, and that such processing complies with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and all other applicable privacy laws. By entering into this Agreement, you confirm that you have informed relevant data subjects of all aspects of the processing via the Service, and have adopted appropriate policies and procedures as required under applicable data protection legislation.

The purposes and means of processing personal data through the platform are determined by you, making you the data controller. Stokerr acts as a data processor, processing personal data on your behalf and in accordance with your instructions.

Aggregated data

Stokerr may generate anonymised, aggregated statistics from platform usage (“Aggregated Data”) that cannot identify you or any individual. Stokerr owns all rights in Aggregated Data and may use it for product improvement, research, and business purposes.

Data portability

You may export your Subscriber Data at any time during your subscription using the export tools available within your Subscriber Account.

Data on termination

Following termination or expiry of your subscription, Stokerr will retain your Subscriber Data for 30 days to allow you to retrieve it. After this period, your data will be permanently deleted from active systems and removed from backups within 90 days. Stokerr is not liable for any loss of data following expiry of this retention period.

Security breach

In the event of an accidental, unauthorised, or unlawful destruction, loss, alteration, or disclosure of your Subscriber Data caused by any external party, Stokerr will initiate remedial actions consistent with applicable law and industry standards, and notify you of the nature, scope, and planned remediation of the breach.

If a security breach is caused by your own affiliates, employees, contractors, or agents, or results from your failure to maintain your systems in an appropriately secure manner, you are solely responsible for initiating remedial actions and must notify Stokerr immediately. Stokerr reserves the right to suspend your access to the Service to prevent harm.

Exposure risk

By using a cloud-based service, you acknowledge that there are inherent risks of unauthorised disclosure or exposure of data, and you accept such risks. Stokerr makes no representation or warranty that Subscriber Content will not be exposed or disclosed through errors or unlawful activities of third parties.

13. Warranties disclaimer

The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Stokerr disclaims all statutory warranties, including warranties arising from the course of dealing, course of performance, or usage of trade.

Without limiting the foregoing, Stokerr does not warrant:

• that the Service will meet your specific requirements or be fit for any particular purpose;
• that the Service will be uninterrupted, timely, secure, or error-free;
• the accuracy or reliability of any results obtained from the use of the Service;
• that any errors in the Service will be corrected.

Stokerr reserves the right, with one month’s notice to Subscribers on any Paid Plan, to modify, suspend, or terminate any operations of or access to the Service, or any part thereof, for any reason.

Nothing in this section excludes or limits rights you may have under the Australian Consumer Law or other mandatory consumer protection legislation. Where Stokerr supplies services to a consumer within the meaning of the Australian Consumer Law, our liability for a failure to comply with a consumer guarantee is limited, to the extent permitted by law, to resupplying the services or paying the cost of having them resupplied.

14. Limitation of liability

To the maximum extent permitted by applicable law, Stokerr and its suppliers, employees, and representatives will not be liable for:

• any losses, damages, or expenses arising from any person’s use or inability to use the Service;
• any installation, implementation, customisation, or modification of the platform not conducted by Stokerr;
• any failure to apply available updates, patches, or upgrades that would have prevented the harmful event;
• any unauthorised access to Subscriber Content or Subscriber Data;
• any unauthorised use of Subscriber credentials.

To the greatest extent permitted by law, Stokerr will not be liable under any circumstances for any indirect, punitive, incidental, special, or consequential damages, or any damages for loss of use, data, profits, revenue, business, or goodwill, arising out of or in any way connected with the use or performance of Stokerr, the delay or inability to use the Service, or any products, information, or related content obtained through Stokerr.

Where any liability of Stokerr is established, to the maximum extent permitted by applicable law, Stokerr’s total aggregate liability arising out of or related to this Agreement, the platform, or the Service is limited to the total fees paid by you to Stokerr in the 12 months immediately preceding the event giving rise to the claim.

The above limitations reflect a reasonable allocation of risk and are a fundamental element of the basis on which Stokerr makes the Service available to you.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under the Australian Consumer Law or other applicable mandatory law.

Force majeure

Neither party will be liable for any failure or delay in performance arising from circumstances beyond their reasonable control, including acts of nature, legislative or executive authority, war, civil unrest, terrorism, strikes, non-trivial cyber-attacks, third-party hosting failures, internet failures, or any other force majeure event. This exception applies only to the extent the relevant circumstance prevented or hindered performance. This section does not excuse or limit any payment obligation.

15. Indemnification

You agree to indemnify, defend, and hold harmless Stokerr and its officers, directors, employees, contractors, agents, and representatives from and against all claims, demands, liabilities, losses, penalties, fines, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• your use of the Service or platform in violation of this Agreement or any applicable law;
• any third-party claim of infringement of copyright or other Intellectual Property Rights, or invasion of privacy, arising from hosting your Subscriber Content on the platform;
• any activity related to your Subscriber Account, undertaken by you or any person accessing your account with or without your consent, unless caused by the default of Stokerr;
• your breach of this Agreement;
• your processing of personal data in connection with the Service;
• your infringement of any Intellectual Property Rights or other rights of any third party.

16. Termination

This Agreement will remain in force until terminated by either party in accordance with this section.

Termination by you

You may cancel your subscription at any time as described in Section 9 (Cancellation). Your access to the Service will continue until the end of your current paid Subscription Term. Cancellation of your subscription does not automatically delete your Subscriber Account or Subscriber Content.

Termination by Stokerr

Stokerr may immediately suspend or terminate your Subscriber Account and access to the Service if:

• you fail to pay any fees when due and do not remedy this within 7 days of notice;
• you engage in conduct identified by Stokerr as a violation of this Agreement, the rights of Stokerr, or the rights of any third party;
• we are required to do so by applicable law or a government authority;
• we reasonably believe continued provision of the Service poses a risk to the security or integrity of the platform or other users.

Stokerr reserves the right at any time, at its sole discretion, to terminate the Stokerr Service, this Agreement, or suspend or terminate any Subscriber Account. In such case, Stokerr will notify you via the email address registered on your account.

Stokerr may also suspend or deactivate Subscriber Accounts that have been inactive for 12 consecutive months, with prior notice.

Effect of termination / survival

Upon termination of this Agreement, the following provisions will survive:

• any obligation of yours to pay fees for the Service;
• Section 6 (Intellectual property);
• Section 13 (Warranties disclaimer);
• Section 14 (Limitation of liability);
• Section 15 (Indemnification);
• Section 19 (Governing law and dispute resolution);
• Section 20 (No class action).

17. Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of the Agreement, which will remain in full force and effect.

If any provision of this Agreement is void due to a conflict with mandatory law, that provision will be deemed amended to the minimum extent necessary to comply with the law, retaining as much of its original intent and meaning as possible.

18. Notices

You may deliver notices to Stokerr by email to [email protected], or by post to Suite 24225, 3/2237 Gold Coast Hwy, Mermaid Beach QLD 4218, Australia.

Stokerr may give notices to you via the email address associated with your Subscriber Account or, exceptionally, by post to any address you have provided.

Notices will be deemed received:

• the next business day if sent via email or via a notice on your Subscriber Account;
• five business days after posting if sent by registered post (calculated from Stokerr’s registered address).

19. No waiver

Failure by Stokerr to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of a specific right must be in writing and signed by an authorised representative of Stokerr.

20. Third-party services and websites

The Stokerr platform may integrate with or link to third-party services (such as payment processors, calendar applications, or communication tools). These third-party services are governed by their own terms and privacy policies. Stokerr has no control over, and no responsibility for, the availability, accuracy, content, or practices of any third-party service or website.

Where you enable integrations with third-party services, you do so at your own risk. Stokerr is not liable for any loss or damage arising from your use of third-party integrations or for any data you transmit to third-party services at your direction.

Links to third-party websites on our platform or Website do not constitute any recommendation or approval of those websites, services, or products by Stokerr.

21. Governing law and dispute resolution

Governing law

This Agreement and any dispute arising out of or related to this Agreement or the Service will be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of laws rules.

Mandatory negotiations

Before initiating any formal dispute resolution process, the party asserting the dispute must first attempt to resolve it in good faith by delivering written notice to the other party. The notice must describe the facts, circumstances, and relevant documentation of the dispute, and allow the receiving party 30 days to respond to or resolve the matter.

Notices must be delivered in accordance with Section 18 (Notices):

• To Stokerr: [email protected] or Suite 24225, 3/2237 Gold Coast Hwy, Mermaid Beach QLD 4218, Australia;
• To Subscriber: the last registered email address or postal address provided in the Subscriber Account.

This mandatory negotiation step is a condition precedent to initiating any formal legal proceedings.

Jurisdiction

If the dispute cannot be resolved through mandatory negotiations, the parties submit to the exclusive jurisdiction of the courts of Queensland, Australia.

Notwithstanding the above, Stokerr may seek to protect its Intellectual Property Rights or rights concerning confidential information or data in any jurisdiction.

Australian Consumer Law

Nothing in this section limits any rights you may have under the Australian Consumer Law or other applicable consumer protection legislation.

22. No class action

Except as prohibited by applicable law, as a condition of using the platform and Service, you agree that any and all disputes arising out of or connected with the platform and Service must be resolved individually, without resort to any form of class action, class arbitration, or representative proceeding.

You agree that you may only bring claims against Stokerr in your individual capacity, and not as a plaintiff or class member in any putative class, collective, or representative proceeding.

23. Entire agreement

This Agreement (as amended from time to time), including the Privacy Policy and any other linked documents or terms expressly incorporated herein, constitutes the entire agreement between the parties relating to the subject matter of this Agreement, and supersedes all prior agreements, representations, and understandings between the parties with respect to that subject matter.

In the event of any conflict between any provision of this Agreement and any other statement, representation, or information published on the Website or contained in any other materials or communications, the provision in this Agreement will prevail.

24. Contact us

If you have any questions about these Terms of Service, please contact us:

Email: [email protected]

Website: stokerr.com

Post: Suite 24225, 3/2237 Gold Coast Hwy, Mermaid Beach QLD 4218, Australia