Website Terms of use

Agreement between Customer and iVvy

This website is operated by iVvy Pty Ltd ACN 138 782 822 of 54 Siganto Drive, Helensvale 4212 QLD.

These terms and conditions (Terms) are between iVvy (we, us, or our) and You (Your, Customer), a person seeking to make Bookings through the iVvy online booking system (Marketplace). The Marketplace is designed to provide information about availability of venues, so that bookings can be made through Marketplace with venue suppliers (Services).

We reserve the right to replace, change or otherwise modify the Terms without prior notice by posting the revised version on the website.

Terms of use for Marketplace

You warrant that:

1. You can enter a binding legal agreement either for yourself or any entity for whom you make a Booking.
2. You will use this website in accordance with these Terms.
3. All information supplied by you on this website is true, accurate, current and complete.
4. You will be responsible for any use of your account by you and anyone other than you.
5. Comply with all applicable laws, approvals, codes and guidelines in connection with the use of the services and website.

We retain the right, at our sole discretion, to deny anyone access to this website and/or the Services we offer, at any time and for any reason.

The information concerning specific venues is provided to us by the venue suppliers. iVvy is not responsible for such information and relies on the accuracy of the information supplied by the relevant venue suppliers.

Venue suppliers may have additional terms and conditions relating to a Booking (Venue Terms). By making a Booking on Marketplace you are also agreeing to the Venue Terms of the venue at which you are making a Booking. The venue suppliers providing venue facilities through Marketplace are independent parties and not agents or employees of iVvy.

Website account

You must:

1. Only create one account.
2. Not create an account for anyone other than yourself.
3. Not provide any false information.
4. Ensure that the information provided is at all times accurate and up to date.
5. Not create a false identity or misrepresent an affiliation with another person or entity.
6. Not provide details (including password) to any other person or do anything that may impact on security of the services and/or website.

Prices

You agree to make payment via a debit to your nominated credit or debit card. Subject to the Venue Terms, this payment is required at the time nominated by the venue for the Booking to be secured.

Your credit or debit card will be charged by iVvy or the venue supplier (as applicable) for the amount agreed at the time of the booking. Merchant fees may apply to payment.

Where you make a payment for a Booking through us, iVvy will add a 3% payment processing fee to any payments made through the iVvy website.

Changes to bookings

Changes to Bookings and requests for a refund of monies paid for and charge backs relating to Bookings through Marketplace will be governed by the terms and conditions of the relevant Venue supplier and contact should be made with the venue supplier. We are not liable for any refunds or charge backs.

Limitation of liability

To the maximum extent permitted by law but without limiting Your rights under Australian Consumer Law (including the Competition and Consumer Act 2010 (Cth)):

1. The website and its contents and Services are provided without any representations or warranties of any kind, either express or implied.
2. iVvy is not liable for a delay or failure to perform the Terms due to circumstances beyond its control.
3. iVvy does not guarantee the accuracy of, and disclaims liability for any errors relating to venue information displayed on this website.
4. iVvy disclaims all warranties in connection with the website, Marketplace and Services including warranties relating to quality, accuracy of listings, or ability to complete a Booking.
5. iVvy does not guarantee that a Booking made through us is confirmed, even if a payment has been made. It is up to the Venue Supplier to confirm a Booking.
6. iVvy does not warrant uninterrupted or error-free access to the website or Marketplace.
7. iVvy does not warrant that the website will be free from viruses, faults, defects or other harmful elements.
8. iVvy does not warrant that there will not be any unauthorised access to secure servers.
9. iVvy does not warrant that your internet or mobile service provider or hardware devices will allow access to the website.
10. iVvy bears no liability for any technical malfunction, access issues, damage to software or hardware, or interrupted service.
11. iVvy is not liable for any direct, indirect, exemplary, incidental, special, punitive or consequential liability, loss or damage.

iVvy's liability in relation to a claim in connection with the Terms is limited to the amount received by iVvy from the Venue in connection with your Booking.

Requirements of law

Where legislation implies any guarantee, condition or warranty, and that legislation prohibits excluding or modifying such, it will be deemed included in the Terms.

iVvy's liability for any breach will be limited, where permitted, to iVvy's choice of:

• As regards goods: replacing, supplying equivalent goods, repairing goods, or paying the cost thereof.
• As regards services: re-supply of the relevant services or the cost of having them supplied again.

Nothing in these terms affects Customer's statutory rights including those under the Competition and Consumer Act 2010 (Cth).

Indemnity

You continually indemnify iVvy against any claim, liability, loss, damage or expense as a direct or indirect result of:

1. Your use of and access to the website and Services.
2. A breach by You of the Terms.
3. A wilful, unlawful or negligent act or omission by You.
4. Violation of any third party right or law by You, including Intellectual Property Rights, defamation or criminal laws.
5. A claim that You through the use of the Services caused damage to a Third Party.

This indemnity is a continuing obligation and survives termination of the Services.

Third-party sites

This Website may contain hyperlinks to websites operated by parties other than iVvy. Hyperlinks are provided for your reference only and do not imply endorsement of the material on such websites.

Privacy

Both iVvy and You agree that during the Term each will comply with the Privacy Policy, the provisions of the Privacy Act 1988 and the Australian Privacy Principles therein when handling personal or sensitive information.

Intellectual property

iVvy owns or has a right to use the Intellectual Property Rights in the website, Marketplace and the Services (Owned IP Rights).

You agree that:

• No title in the Owned IP Rights transfers to you.
• You do not obtain any rights other than those specifically granted by the Terms.

You agree not to:

• Interfere with the proper working of Marketplace.
• Make any false or fraudulent Booking.
• Copy, reproduce, republish, transmit or otherwise communicate any content without permission.
• Engage in fraudulent behaviour, defame any third party, harass any third party, or gain unauthorised access to any systems.

General

• These Terms shall be construed in accordance with the laws of the State of Queensland, Australia, and where applicable, The Commonwealth of Australia.
• The invalidity or unenforceability of any provision shall not affect the validity of the remaining provisions.
• Clerical errors are subject to correction and do not bind iVvy.
• iVvy may amend or vary these Terms by uploading the amended Terms onto the website.
• iVvy may assign its interest in these Terms to any party without notice. These Terms are personal to, and cannot be assigned by, you.
• Failure by iVvy to exercise a right does not amount to a waiver. A waiver is only effective if expressly given in writing.