Book My Party Pty Ltd (ACN 611 229 719) (referred to as BMP) provides a booking platform, searchable directory of event venues and entertainers, and suppliers of goods and related services for parties or events in Australia (Event Business) and an introductory service and booking platform between Event Businesses and members of the public who require such goods or services (Customers) (collectively, the Services
The Services are available on BMP website at (Site). 1. Acceptance of Terms (a) These Marketplace Terms and Conditions (Terms) form a binding legal agreement between BMP, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services (including but not limited to Event Businesses and Customers, collectively referred to as Users, each a User). By using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, the User is encouraged to contact BMP using the contact details at the end of these Terms. (b) The User’s use of the Site and the Services indicates that the User: (i) has had sufficient opportunity to access the Terms and contact BMP; (ii) has read, accepted and will comply with the Terms; (iii) has legal capacity to enter into a contract for sale; and (iv) There is no age requisite. If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services. (c) These Terms may be amended from time to time. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts the amended Terms. Although BMP will notify Users regarding amendments to the Terms via email. BMP recommends that each User check the current Terms, before continuing use of the Services. BMP’s agents, employees and third parties do not have authority to change the Terms. (d) These Terms supplement and incorporate: (i) The BMP policies and terms and conditions including without limitation the Website Terms of Use and Privacy Policy posted on the Site; and (ii) the Stripe Terms of Service. (e) BMP’s Privacy Policy sets out how BMP collects, uses and protects the personal information of its Users
BMP’s Website Terms of Use govern your use of the Site. These documents are available on the Site. 2. Introductory Service Only (a) The Site and the Services provide a booking platform, searchable directory of Event Businesses and an online introductory platform between Customers and Event Businesses. An invoicing portal is conditioned or integrated with commision model based on the package that particular signs up for during the initial sign up process(b) A User must register on the Site and create an account or sign in using social media login to use the Site and Services. (c) An Event Business with an Account may make a listing (Listing) to advertise the sale of event related supplies (Event Supplies) or the availability of event venues or other event related services (Event Services). An Event Business must set out all relevant information in a Listing including but not limited to: the location and availability of an Event Service; the fee for an Event Service; the purchase price of Event Supplies; any delivery fees in respect of Event Supplies; any refund and exchange policy in respect of Event Supplies; any refund policy in respect of Event Services and any other terms and conditions applicable to the sale of Event Supplies or the supply of Event Services. (d) In order to create a Listing for a period of time (Listing Period) as set out on the Site, an Event Business must pay a fee (Listing Fee). To extend the Listing Period, the Event Business must pay an additional Listing Fee before the expiration of the Listing Period. (e) An Event Business with a Listing will be able to update their Listing at any time during the Listing Period (f) Each Listing may offer multiple type of Event Supplies or Event Service. An Event Business may offer multiple products at the same time but the Event Business must arrange separate Listings for each. (g) All Customer can avail the services with a registered account or logged in using social media interface (i) view Listings as they appear on the Site subject to the type of Event Services, Event Supplies, location and other search filters submitted or selected by a User (Search Query); (ii) book and pay for Event Services and/or order and pay for Entertainment Supplies through the Site (Booking); and (iii) where a Customer is unable to make Bookings for particular Event Supplies or Event Services through the Site, contact an Event Business through the Site using the contact information provided by the Event Business such as phone and/or business address to make private arrangements to order and pay for Entertainment Supplies or Entertainment Services outside of the Site. (h) When a Customer makes a Booking, they accept any terms and conditions set out in the relevant Listing. (i) The order or ranking of a Listing in the results of a Search Query or on the Site is wholly dependent on the search filter submitted or selected by a User and will vary in each case. (j) Each Customer understands and agrees that the Site is a booking and introductory platform only, and that BMP’s responsibilities are limited to facilitating the availability of the Site and Services including the making of a Booking. (k) Each User understands and agrees that the Site is an online introductory platform only and that BMP’s responsibilities are limited to facilitating the availability of the Site and the Services. (l) The Site may display advertisements and links for third party businesses not affiliated with BMP, an Event Businesses, Event Services or Event Supplies on the Site. Any contact or engagement with any third party will be the User’s sole responsibility. BMP is not responsible for products or services provided by such third parties. (m) BMP is not a party to any agreement entered into between a Customer and an Event Business or any third party business. BMP may generate leads for an Event Business but BMP is not a referrer and provides no such related services. BMP has no control over the conduct of Customers, Event Businesses, any third parties or other users of the Site and the Services. BMP disclaims all liability in this regard, as set out in these Terms. (n) Any arrangement between a Customer and an Event Business is solely between the Customer and Event Business. It is strictly and expressly not part of the User’s agreement with BMP.
Online Registration: (a) A User can browse and view Listings and the Site as an unregistered user of the Site. A User must register on the Site and create an Account to access some Services and features on the Site, including making a Listing and a Booking. (b) Each User as customers may only have one account to use services on the site and as vendors add multiple business listings . (c) Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including name, email address, and location and select a username and password. (d) Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. BMP reserves the right to suspend or terminate any User’s Account both customer or vendors and his/her access to the Site and Services if any information provided to BMP proves to be inaccurate, not current or incomplete and working against the operational procedure of BMP. (e) To keep information secure and confidential, BMP uses SSL Certificates to establish an encrypted link between a server and a User. Users will be requested by BMP to change their passwords at regular intervals. Further information on the storage and security of your personal information can be found in our Privacy Policy and Website Terms of Use. BOOK MY PARTY PTY LIMITED MARKETPLACE TERMS AND CONDITIONS (f) It is the User’s responsibility to keep Account details, username and password confidential. The User is liable for all activity on their Account, including purchases made using account details. The User agrees that they will not disclose their account password to any third party and that they will take sole responsibility for any activities or actions under their Account, whether or not they have authorised such activities or actions. (g) The User will immediately notify BMP of any unauthorised use of their Account.
User Obligations (a) Each User acknowledges and agrees that any communications entered into with another User is at their own risk. BMP does not provide a User with and cannot guarantee that other Users have genuine intentions. (b) Each User should report to BMP, any activities or requests of Users which are, or which the User reasonably believes to be: (i) suspicious; (ii) inconsistent; (iii) illegal; or (iv) likely to have a negative effect on the reputation of BMP, the Site, Services and/or a User. (c) Each User acknowledges and agrees that while the Site allows Users to communicate with each other, Users are not permitted to share the contact information of other Users. (d) Each User represents and warrants that any content that it provides and Listing that it posts: (i) Vendors will not breach any agreements they have entered into with any third parties or users (service-users); (ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in their local area and country; and (iii) will not conflict with the rights of third parties. (e) For the avoidance of doubt, BMP assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations. (f) BMP reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Listing for any reason, including Accounts or Listings that BMP, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services. 5. Event Business Additional Obligations and Warranties (a) Each Event Business will endeavour to provide the Event Services to their highest standard and in a manner consistent with how they have represented their Event Services in the Listing; (b) Each Event Business agrees that it will identify in the Listing where the provision of Event Services or Event Supplies are not suitable for or cannot accommodate children under a particular age and will ensure any Event Supplies are appropriate and safe for the age group as advertised in the Listing; (c) Each Event Business acknowledges that to enable BMP to facilitate Bookings of Event Services they must provide to BMP: (i) their current business details including name, Australian Business Number or Australian Company Number, address, telephone number, web address, email address; and (ii) bank account details for facilitating payment of the relevant fees; (d) Each Event Business acknowledges that it is solely responsible for providing up to date information in Listings; (e) By registering an Account and creating a Listing advertising Event Services and/or Event Supplies each Event Business warrants that they: (i) hold all legal title and are authorised to offer and sell the Event Supplies or supply the Event Services; (ii) can lawfully sell and provide the Event Services and/or Event Supplies they advertise; (iii) have their own public liability insurance and any other insurance that they can reasonably be expected to have in respect of the Event Services and/or Event Supplies they advertise. 6. Ratings (a) Users may rate an Event Business (Rating), which determines the popularity of the individual Event Business. (b) Ratings of an Event Business can be viewed by any User. Ratings will remain viewable until the relevant Event Business’s Account and Listing is removed or terminated. (c) If an Event Business’s Rating falls below three stars on an average basis, BMP will contact the Event Business to discuss how to improve their Rating. If the Event Business’s Rating does not improve after the contact or discussion with BMP, BMP may terminate the User’s Account, cancel and remove the Event Business’s Listing and stop providing the Event Business with the Services at its absolute discretion.
Delivery of Event Supplies (a) The Event Business is to arrange delivery of any Event Supplies to the Customer. BMP is not involved in the delivery process. (b) A Customer is required to refer to delivery information provided by the Event Business in the relevant Listing or contact the Event Business directly to confirm (i) that they are within the delivery area, (ii) the applicable delivery fees, (iii) when the Event Supplies are likely to be dispatched, (iv) the method of delivery, (v) when risk of loss, damage or deterioration to any Event Supplies will pass to the Customer and (vi) what to do if Event Supplies are delayed, damaged or goes missing in the delivery process.
Payments (a) Payments for Customers and Event Businesses differ. (b) Vendors do have to pay a fee to register for an account to access and use the Site. (c) Whilst Customers are not required to pay a fee for use of the Services, they acknowledge that the use of the Services may result in charges to them for the Event Services and/or Event Supplies they receive, including any applicable insurance, delivery fees and taxes (Event Fees). Where a Customer requests Event Services or Event Supplies via a Booking, the Customer agrees to pay the applicable Event Fees via the Site invoicing portal. (d) Each Event Business register and add business listing for a set fee and agrees to pay an agreed 10% commission on entire bid/ quote amount generated for service offered via BMP. (e) Each User (customers) agrees to pay the relevant fees upfront set by the vendor to offer service in the currency specified on the Site, (f) Goods and Services Tax (GST) will be charged where applicable. (g) The user must pay for the relevant Fees via credit card or any other payment method as set out on the Site. The payment will be processed and funds will be transferred to the chosen Vendors account, (g) Any cancellations or use of service is subjected that every vendors T&C’s and refund policy, The User (Customers) must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means. Same applies to vendors or businesses If a User’s payment is not able to be successfully processed then the requested for booking will be considered invalid. (h) In the absence of fraud or mistake, all payments made are final and the User shall not have the right to cancel their purchase for any reason and further each User agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out in these Terms. (i) If the User makes a payment by debit or credit card, the User warrants that the information provided to BMP is true, accurate and complete, that the User is authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the User will maintain sufficient funds in the account to cover the purchase price. (j) Each User acknowledges that BMP facilitates the provision of Event Services and/or Event Supplies and does not directly offer or provide Event Services or Event Supplies to the Customer. Each User also acknowledges that BMP receives commission from an Event Business when a Booking for Event Services or Event Supplies is made via the Site. The amount of such commission is as set out on the Site or otherwise notified to each Event Business. Since BMP is only a facilitator in introducing Customers to Event service supplying business and all terms and conditions in subject to the cancellation and refund policy are in accordance to the service providing business that customer books for any given service. The Customer must resolve any issues regarding refunds of Event Fees with the relevant business themselves. (k) BMP’s pricing structure or payment methods may be amended from time to time at its sole discretion. 9. Offers and Promotions are provided by vendors and are completely responsible of delivering it
BMP may, from time to time, make offers or promotions which may be applicable to the Services. (b) The conditions of such offers or promotions will be specified on the deal page Site and more information can be discussed with the corresponding business. (c) The User acknowledges and agrees that BMP may, at its sole discretion, remove or extend any offers or promotions, and BMP will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.
Dispute Resolution (a) By using our Site and Services, each User agrees that any legal remedy or liability that they may seek to obtain for actions or omissions of a Customer, Event Business, or other third party, will be limited to a claim against the Customer, Event Business or other third party, who caused harm to him or her. BMP encourages Users to communicate directly with the relevant Customer, Event Business or third party to resolve any disputes. (b) BMP welcomes feedback from Users. BMP seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of the staff. (c) If there are any complaints from a User, BMP will aim to respond and provide a suitable solution within 45 days. If a User is not satisfied with BMP’s response, the User and BMP agree to the following dispute resolution procedure: (i) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and BMP agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting). (ii) If a resolution cannot be agreed upon at the Initial Meeting, either the User or BMP may refer the matter to a mediator. If the User and BMP cannot agree on who the mediator should be, the complainant will ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute. (d) Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.
Cancellation of Registration (a) If an Event Business wishes to cancel its Listing, they will need to do so by writing an email to Users may also submit the request via the contact form on the Site. BMP will endeavour to respond to such request within a reasonable period. (b) No refunds will be made upon cancellation of a Listing except as specified in the Refund Policy set out below
Refund Policy (a) Each Event Business agrees to comply with Australian Consumer Laws regarding refunds and exchanges. Cancellation and Refund Policy are in accordance to the listed business booked for and BMP hold no liability (b) If an Event Business changes their mind within 7 days of posting a Listing (Cooling-off Period) BMP will issue a refund of the Listing Fee​. To receive this refund, the Event Business must notify BMP using the details at the bottom of these Terms that it would like to cancel a Listing during the Cooling-off Period. Cancellation and Refund in respect of Event Supplies and/or Event Services (c) Any cancellation, exchange or refund of any Event Services and/or Event Supplies, including but not limited to Bookings made via the Site, is strictly a matter between the Customer and the Event Business. The terms and conditions agreed to between the Customer and Event Business should be set out clearly in the Listing in respect of the Event Services and Event Supplies. (d) Each Event Business acknowledges that if an Event Business is required provide a refund to a Customer in respect of any Event Services booked through the Site BMP may at its discretion refund up to 50% of the commission paid by the Event Business to BMP for that Booking​. (e) A Customer’s right to cancel a Booking and receive a refund pursuant to these Terms supersedes any conflicting cancellation or refund policy set out in the Listing in respect of that Booking.
Consumer Guarantees (a) Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees. (b) If the User is a consumer as defined in the ACL, the following notice applies to the User from BMP: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; BMP will not be liable for any refunds to users.
Intellectual Property (a) All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secret and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site and Services, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to BMP (or its affiliates and/or third party licensors as applicable). (b) The User agrees that, as between the User and BMP, BMP owns or holds the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by BMP or the owner of the content. (c) Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks). BOOK MY PARTY PTY LIMITED MARKETPLACE TERMS AND CONDITIONS Confidential Page 7 of 12 (d) BMP’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of BMP or the applicable trademark holder or Intellectual Property owner. (e) Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of BMP or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights. 15. User Licence (a) Subject to these Terms, BMP grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for its own personal and/or noncommercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without BMP’s prior written consent. (b) The right to use the Site and Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Services other than to use it in accordance with these Terms. (c) This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply. 16. Permitted and Prohibited Conduct (a) The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services. In connection with the User’s use of the Site and Services, the User may not and agrees that it will not: (i) use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms; (ii) register for more than one Account or register for an Account on behalf of another individual and/or entity; (iii) use the Services to find an Event Business and then complete, or assist another individual to complete a Booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to BMP’s provision of the Services; (iv) upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User or Listing; (v) submit any false or misleading information; (vi) as an Event Business, advertise an Event Offer that it does not intend to honour or cannot provide; (vii) as a Customer, make any offers or Bookings to the Event Business that it does not intend to honour; (viii) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations; (ix) copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms; (x) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; (xi) use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit debit, calling card or account numbers; (xii) use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements(xiii) stalk or harass any other User of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site; (xiv) use, display, mirror or frame the Site, or any individual element within the Site, Services, BMP’s name, any BMP trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without BMP’s express written consent; or (xv) advocate, encourage, or assist any third party in doing any of the foregoing.
Content (a) The Site, Services, and Intellectual Property are protected by copyright, trademark, and other laws of Australia and international countries. The User acknowledges and agrees that the Site, Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of BMP and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual Property. (b) The User must not post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) is fraudulent, false, misleading or deceptive; (iii) denigrates BMP, the Site, Services, a Customer or an Event Business; (iv) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (v) is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
User Content (a) Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Site and Services, the User grants to BMP a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site and Services. (b) The User agrees that they are solely responsible for all User Content and Intellectual Property made available through the Site and Services. The User represents and warrants that they: (i) are either the sole and exclusive owner of all User Content and Intellectual Property they make available through the Site and Services, or that they have all rights, licences, consents and releases that are necessary to grant to BMP the rights in such User Content or Intellectual Property, as contemplated under these Terms; and (ii) neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or BMP’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. (c) BMP may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
Disclaimers (a) BMP does not guarantee that any Event Services or Event Supplies will be requested by any Customer, nor does BMP guarantee that Customers will be able to find desirable Event Businesses, Event Services or Event Supplies. (b) BMP does not endorse any Customer, Event Business Listing, Event Services or Event Supplies, External Business, External Business Site or External Business Offers. BMP requires Customers and Event Businesses to confirm that they have provided accurate information. BMP does not perform any sort of background checks of Customers and Event Businesses, and does not confirm, any Customer’s or Event Business’s identity, Listing, Event Services or Event Supplies. (c) BMP cannot and does not control the content contained in any Listings or on any External Business Site, or the condition, legality or suitability of any Event Business, Event Services or offers made by any third parties. Customers are responsible for determining the identity and suitability of Event Businesses that they contact via the Services, the Event Services and Event Supplies. (d) BMP accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site or on an External Business Site. BMP disclaims any and all liability related to any and all Customers, Event Businesses, Listings, Event Services and Event Supplies. (e) BMP recommends all Customers check the identification of Event Businesses prior to the provision of Event Services. BMP also recommends all Event Businesses exercise due skill and care in verifying the identity of any Customer prior to the provision of the Event Services. (f) BMP does not guarantee that Listings will appear in a particular order desired by a User or Listings will display or rank accurately in accordance with a User’s Search Query. (g) By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Customers or Event Businesses or other third parties, including but not limited to External Businesses, will be limited to a claim against the Customer or Event Business or other third party who caused it harm. BMP encourages the User to communicate directly with the relevant Customer or Event Business on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them. (h) To the fullest extent allowable under applicable law, BMP disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, noninfringing or free of defects or errors. (i) For the avoidance of doubt, BMP is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. BMP advises that all Users using the Site and Services should seek advice in relation to these matters. (j) Each Customer and Event Business who uses the Site and the Services does so at their own risk. (k) BMP excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to: (i) BMP expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms; (ii) BMP does not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.),or the User’s access to the Site or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components; (iii) BMP takes no responsibility for, and will not be liable for, the Site, the Services, the Customers, the Event Businesses, and Event Offers being unavailable, of a particular standard of workmanship, failing to meet the Listing description, failing to meet the User’s needs, or being of less than merchantable quality.y
BMP will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, content on the Site, inability to access or use the Site, the Services, any Listing, the Event Offer or the Terms, even if BMP was expressly advised of the likelihood of such loss or damage. (l) The User agrees not to attempt to impose liability on, or seek any legal remedy from BMP with respect to such actions or omissions.
Limitation of Liability(a) BMP’s total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed that of provide directory service to both Customers and vendors. (b) The limitations of damages set forth above are fundamental elements of the basis of the bargain between BMP and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User. (c) This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of BMP.
Indemnity (a) Each User agrees to defend and indemnify and hold BMP (and BMP’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party. (b) BMP reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences. (c) This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by the User, but may be assigned by BMP without restriction.
General :(a) Accuracy: While BMP will endeavour to keep the information up to date and correct, BMP makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose.
As the listings are made by users (Vendorss) The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and BMP expressly excludes any liability for such to the fullest extent permissible by law. (b) Security: BMP uses a secured business system to protect all User transactions and to ensure maximum security. BMP also encrypts all financial information and regularly backs up data held on its servers. All credit card payments are processed by a secured third party processor with PCI DSS compliance. (c) Service Level: BMP will strive towards maintaining a 99.5% uptime, not including scheduled maintenance. All data and information is regularly backed up on our cloud servers which are located in Australia. (d) Termination: BMP reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion including but not limited to if the User is in breach of these Terms, without incurring any liability to such User.
If BMP decides to terminate a User’s Account any of the following may occur, with or without notice to the User: (a) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, Services, its Account, Listings or any User Content; (b) any pending or future Booking for Event Services or Event Supplies will be immediately terminated; (c) BMP may communicate to the relevant Event Business or Customer that the Booking has been cancelled; (d) BMP may refund the Customer in full, regardless of the cancellation and refund policy; (e) BMP may contact the Customer to inform them of potential alternative Event Business Services or Event Business Supplies available from different Event Businesses on the Site and Services; and (f) the User will not be entitled to any compensation for Bookings that were cancelled as a result of a suspension, deactivation or termination of their Account. (e) Fraudulent Activities: Each User acknowledges and agrees that, in the event BMP reasonably suspects that there are fraudulent activities occurring within the Site and Services, BMP reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations. (f) Force Majeure: BMP will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control. (g) Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by BMP of any of the Terms shall be effective unless BMP expressly states that it is a waiver and BMP communicates it to the User in writing.
Assignment: A User either customer or vendor must not assign any rights and obligations under the Terms whether in whole or in part without BMP’s prior written consent.
Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of Victoria, Australia, and subject to the exclusive jurisdiction of the Victorian courts. The Site may be accessed throughout Australia and overseas, however transactions on the Site can only occur within Australia. BMP makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site.
Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between BMP and each User, and supersede any prior agreement, understanding or arrangement between BMP and each User, whether oral or in writing.