Terms and Conditions
1. These Terms represent an agreement between you (you, your etc) and Bookavenu Pty Ltd (VenuBooka, we, us, our etc) which govern your right to use our services (our Services) via venubooka.com (our Website, which also includes any other site we make available).
2. Our Services are provided via our Website and facilitate: Venues making Listings, Event Organisers searching for Listings, and Venues and Event Organisers confirming Bookings via our Website. These Terms apply to how we provide and you use our Services and our Website.
3. In order to use our Website and our Services, you must first register as either an Event Organiser or a Venue, and log in each time. You must comply at all times with these Terms, including any of our Policies which apply from time to time.
4. We provide our Services via our Website but, except as expressly set out otherwise in these Terms, we are not a party to (and are not responsible or liable for) any Listings or Bookings or contracts entered into between Venues and Event Organisers.
5. In order to successfully confirm a Booking between a Venue and an Event Organiser, the following steps must be completed:
a. the Venue publishes a Listing (section 6.a);
b. the Event Organiser makes a Request for Information concerning the Listing (sections 6.b, 7a);
c. the Venue pays the appropriate fee to receive the Event Organiser’s Request for Information (sections 6.b, 7.b);
d. the Venue makes a Proposal to the Event Organiser (which they can both discuss and agree changes to if necessary) (sections 6.b, 6.c, 7.b, 7.c);
e. the Event Organiser accepts the Proposal and a Booking is confirmed (sections 6.c, 6.d, 7.c, 7.d);
f. the Event Organiser and the Venue can each leave a Review for the other (sections 6.f, 7.f).
6. Our Services – Venues
Each Venue acknowledges and agrees that:
a. a Venue can use our Website to publish Listings. A Listing sets out details of a location and any related services available for Event Organisers to book by confirming a Booking. Venues have complete discretion as to what Listings and services they offer, at what price, for what dates, and subject to what terms and conditions (Additional Terms) including cancellation or modification policies. NB: Additional Terms must not conflict with these Terms, with the details of the relevant Listing, or with any other information provided on our Website.
b. a Venue will be notified when an Event Organiser makes a Request for Information concerning one of that Venue’s Listings, and will be able to access the Event Organiser’s details on payment of the applicable fee. The Venue can then decide whether or not to provide a Proposal to the Event Organiser in respect of that Listing. The Proposal must accurately reflect the details of the Listing and must not differ from the terms of the Listing in any material respect.
c. when a Venue provides a Proposal to an Event Organiser, the Event Organiser may choose whether or not to accept the Proposal (both the Venue and the Event Organiser may discuss and agree changes to the Proposal). If the Proposal is accepted, a Booking in respect of that Listing is confirmed, on the terms of the Proposal, between the Venue and the Event Organiser.
d. when a Venue confirms a Booking with an Event Organiser, that Venue is entering into a contract with that Event Organiser and is directly responsible for delivering all agreed services at the price, for the dates, and subject to the terms, specified. VenuBooka is not a party to any such contract and has no responsibilities or liabilities in respect of it, except as expressly set out otherwise in these Terms.
e. a Venue can apply to register as a Preferred Venue on payment of the applicable fee.
f. a Venue may be invited to leave a Review in respect of an Event Organiser with which they have confirmed a Booking. The Review must be fair, honest, accurate and relevant, and must not be discriminatory, offensive, defamatory or misleading, or infringe a third party’s rights.
g. we may charge Venues a fee in respect of some of our Services as detailed from time to time on our Website.
7. Our Services – Event Organisers
Each Event Organisers acknowledges and agrees that:
a. an Event Organiser can search for Listings and make Requests for Information concerning Listings via our Website.
b. when an Event Organiser makes a Request for Information concerning a Listing, the relevant Venue will be notified and may choose to access the Event Organiser’s details and provide a Proposal in respect of that Listing.
c. the Event Organiser can then decide whether or not to accept the Proposal (both the Event Organiser and the Venue may discuss and agree changes to the Proposal). If the Proposal is accepted, a Booking in respect of that Listing is confirmed, on the terms of the Proposal, between the Venue and the Event Organiser.
d. an Event Organiser should ensure they have read and understood all Listing details and Additional Terms before entering into a Booking in respect of that Listing.
e. when an Event Organiser confirms a Booking with a Venue, the Event Organiser is entering into a contract with Venue and is directly responsible for payment of all fees, taxes etc and for compliance with all Additional Terms. VenuBooka is not a party to any such contract and has no responsibilities or liabilities in respect of it, except as expressly set out otherwise in these Terms.
f. an Event Organiser may be invited to leave a Review in respect of a Venue with which they have confirmed a Booking. The Review must be fair, honest, accurate and relevant, and must not be discriminatory, offensive, defamatory or misleading, or infringe a third party’s rights.
8. Venue Obligations
Each Venue acknowledges and agrees that:
a. all Listings must include complete and accurate details about all relevant services, prices, other charges, and any Additional Terms that apply to Event Organisers etc. Venues must keep their Listings up to date and accurate at all times.
b. each Proposal they make in response to a Request for Information in respect of a Listing must accurately reflect the details of the relevant Listing and must not differ from the terms of that Listing in any material respect. Once made, a Proposal may be discussed and amended by agreement between the Venue and Event Organiser.
c. they are responsible and liable for complying with the details and Additional Terms relating to any Listing they make or Booking they confirm.
d. they are responsible for taking out appropriate insurance and for understanding and complying with all applicable local and national laws, rules and regulations, and with all applicable contracts with third parties.
e. they are responsible and liable for their own acts and omissions and for those of any employees, contractors etc.
f. to the greatest extent permissible by law, they assume the entire risk arising out of their access to and use of our Website and our Services, and any interaction with Event Organisers or other Venues.
g. they may only advertise Listings in respect of locations and services where they have authority to do so.
h. they are responsible for paying any fees due in respect of their use of our Website or our Services.
i. they are responsible for complying with their obligations to charge, report, collect, and remit any applicable tax, duty or charge.
j. they will, on request, make available to us for market research purposes a maximum of 1 night’s accommodation (unless a further offer is made by the Venue) for a maximum of 2 people at each location for which they have published a Listing within the 12 months prior to the date of the request (the accommodation to be provided free of charge within 12 months of the request, subject to reasonable availability).
9. Event Organiser obligations
Each Event Organisers acknowledges and agrees that:
a. they are responsible and liable for ensuring full compliance with the details and Additional Terms (including eligibility requirements such as age, medical conditions etc) relating to any Booking they confirm.
b. they are responsible and liable for their own acts and omissions and those of any participant in any Booking they confirm.
10. Venue and Event Organiser obligations
In addition, each Venue and Event Organiser acknowledges and agrees that:
a. we do not provide any assurances or guarantees regarding the performance, effectiveness, suitability, result or outcome of our Website, our Services or any Listing or Booking.
b. we do not give any warranties in respect of any Venue or Listing, and inclusion of a Venue or Listing on our Website does not constitute an endorsement by us of that Venue or Listing.
c. we are not responsible for any errors or omissions in the detail of any content provided by any Event Organiser, Venue, or third party.
d. they are responsible for ensuring the security of their account and log-in details.
e. we are not liable for any malfunction or delay with the internet including any fault that may prevent the full and proper display or operation of the Website.
f. we are not liable for any loss or damage suffered by a Venue or an Event Organiser as a result of any delay, error or omission caused with respect to the publication of or access to a Listing, or the confirmation of a Booking, unless wilfully caused.
g. their relationship with us is that of an independent contractor and not that of an employee, agent, principal, joint venturer or partner.
h. a Venue may choose in its absolute discretion (subject always to applicable laws) whether or not to access an Event Organiser’s details in respect of a Listing, and whether or not to confirm a Booking with that Event Organiser.
i. once confirmed, a Booking may only be cancelled or modified as permitted by the relevant Additional Terms and this may be subject to additional charges etc.
11. Payment and Tax
a. We may charge Venues a fee in respect of some of our Services as detailed from time to time on our Website.
b. All payments made to us in respect of fees for our Services must be made in Credits.
c. Credits may be pre-purchased by Venues from us at the rates detailed from time to time on our Website. We will keep an account, including details of all transactions, in respect of each Venue’s Credits.
d. Credits may not be transferred or sold on by Venues. In our absolute discretion, we may agree to buy Credits back from a Venue, subject to an administration fee.
e. Credits have no expiry date. Credits do not attract interest.
f. All payments between Event Organisers and Venues in respect of Bookings or Listings will be made directly between the relevant parties and not via us or our Website.
12. Website use and integrity
Venues and Event Organisers must not:
a. disclose their account or log-in details to any third party.
b. use another party’s account or log-in details.
c. create automated, false or fraudulent user accounts.
d. tamper with, hinder the operation of, or make unauthorised modifications to our Website or use it for any unlawful purpose (including violating the security of any computer network, accessing passwords or security encryption codes, transferring or storing unlawful material etc).
e. knowingly transmit any viruses, worms, defects, trojan or other malware to or via our Website or take any action that imposes, or threatens to impose, an unreasonable or disproportionately large load on our Website or our IT infrastructure.
f. scrape, hack, reverse engineer, compromise or impair our Website or our Services, or use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with our Website.
g. reformat or frame any part of our Website.
h. use our Website otherwise than in accordance with these Terms.
i. attempt any of the above acts or permit or authorise another person to do any of the above acts.
13. Content and Intellectual Property
a. All Listings, Reviews or other content left on our Website must:
i. be fair, honest, accurate and relevant to the Listing or Booking in question.
ii. not contain any content which is and discriminatory, offensive, defamatory or misleading.
iii. not infringe a third party’s rights.
iv. not breach the Australian Consumer Laws or equivalent Fair Trading legislation or any industry codes (whether voluntary or compulsory) or any other law.
b. All Listings, Reviews and other content left on our Website are the subject of a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable licence to us to use for the purposes of operating our business and Website, and providing our Services.
14. Liability
a. All Venues and Event Organisers acknowledge and agree that:
b. to the greatest extent permissible by law, we will not be liable to Event Organisers or Venues for any actions, claims, damages, liabilities, costs, expenses, or losses in any way arising (including via a breach of these Terms or any negligent act or omission) out of or relating to the Website or our Services in respect of any single Listing or Booking for an aggregate amount in excess of the fee paid by the Event Organiser in respect of that Listing or Booking.
c. in no event will we be liable for special, indirect, incidental, consequential or punitive damages, costs, expenses or losses of any nature, including lost profits or opportunity costs.
i. each Event Organiser and each Venue will continually indemnify us (including our officers, directors, employees, contractors and agents) from and against all liability for any claims, actions, suits, losses, actual or contingent costs, damages and expenses suffered or incurred in connection with any of the following caused by them or their respective officers, employees, contractors or agents:
ii. any breach of these Terms or of any Additional Terms.
iii. any negligent act or omission.
iv. any warranty given which is, or subsequently becomes, untrue.
v. the publication or proposed publication of a Listing on the Website.
vi. the confirmation or proposed confirmation of a Booking via the Website.
vii. any actual or alleged breach of any third party rights including intellectual property rights.
viii any actual or alleged breach of any applicable law or regulation.
d. we will perform our Services in good faith and with due care and skill, but (to the maximum extent permitted by law) we disclaim all other express or implied warranties including warranties of merchantability and fitness for a particular purpose.
e. where any legislation such as the Competition and Consumer Act (2010) (Cth) implies into these Terms any condition or warranty and that legislation voids or prohibits conditions in a contract excluding the application of the conditional warranty, our liability for any breach of the condition or warranty is limited to, at our option either:
f. the resupply of the Services; or
g. the reasonable cost of having the Services resupplied.
15. Termination
a. Any Event Organiser or Venue may cease using our Website and our Services, and terminate these Terms, at any time by deleting their account.
b. We may give any Event Organiser or Venue written notice terminating these Terms with immediate effect if that Event Organiser or Venue:
i. breaches a material term of these Terms that in our reasonable opinion is incapable of being remedied.
ii. breaches one or more terms of these Terms and then fails to remedy the breach within 14 days of receiving a notice to do so.
iii. becomes, threatens or resolves to become, or is in jeopardy of becoming subject to any form of insolvency administration or bankruptcy or similar process.
iv. ceases or threatens to cease trading, or dies.
v. has allowed their account to remain inactive for more than two years.
c. On termination of these Terms by a Venue or by us in respect of a Venue:
i. we will delete that Venue’s account
ii. we will delete all that Venue’s current Listings.
iii. all that Venue’s confirmed Bookings will be deemed to have been cancelled by the Venue and will be subject to a full refund to the Event Organisers in question (regardless of anything to the contrary in the Venue’s Additional Terms).
iv. any unspent Credits in that Venue’s account will be cancelled and we will be under no obligation to reimburse any party in respect of them.
d. On termination of these Terms by an Event Organiser or by us in respect of an Event Organiser:
i. we will delete that Event Organiser’s account.
ii. all that Event Organisers confirmed Bookings will be deemed to have been cancelled by the Event Organiser and any refunds will depend upon the relevant Venues’ Additional Terms.
e. In addition, on termination of these Terms by either a Venue or an Event Organiser or by us in respect of either a Venue or an Event Organiser:
i. our licence to use any content provided by that Venue or Event Organiser will continue.
ii. we will be discharged from any further obligations under these Terms.
iii. we may pursue any additional or alternative remedies provided by law.
iv. in addition to any other remedies available to us, that Venue or Event Organiser will indemnify us in respect of our unavoidable and unrecoverable costs directly arising from the termination.
v. we may decline to allow that Venue or Event Organiser (or anyone connected with them) to register a new account with us.
16. Disputes
a. Any dispute between an Event Organiser and a Venue (or vice versa) must be resolved directly between the relevant parties in accordance with any applicable Additional Terms. To the maximum extent permitted by law, we will not be a party to any such dispute and will have no responsibility or liability in respect of any issues relating to it.
b. Any dispute between you and us will be resolved before the Courts of New South Wales in accordance with the laws of New South Wales. Where relevant, the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
17. General
a. We may modify these Terms from time to time. When we make material changes to these Terms, we will post the revised Terms on our Website at least 30 days before the date they come into effect. If you disagree with the revised Terms, you may terminate immediately as provided for in these Terms, otherwise your continued access to or use of our Website or our Services will constitute acceptance of the revised Terms.
b. Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression will be construed as illustrative and will not limit the sense of the words, description, definition, phrase or term preceding those terms.
c. Our various Policies (including our Privacy Policy) from time to time are incorporated into and form part of these Terms.
d. The manner in which we collect, use and disclose personal information supplied via our Website or our Services is described in our Privacy Policy.
e. If any provision of these Terms is declared or found to be illegal, unenforceable or void, then such provision will be null and void and will be severed from these Terms, but each other provision is not affected and will continue to be valid and enforceable.
f. These Terms (including any Policies incorporated into them) constitute the entire agreement between us and you relating to how you may access and use our Website and our Services. No previous or other agreements, promises, assurances, warranties, representations or understandings apply between us and you in respect of our Website or the Services, and you have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) which is not set out in these Terms.
g. If there is any inconsistency between these Terms and any Listing, Booking, Additional Terms etc, the provisions of these Terms will prevail.
h. These Terms are drafted in the English language and all notices given in connection with them must be in English, or in another language accompanied by a certified translation. Notices given in connection with these Terms may be sent by any appropriate means or format to any relevant contact details including email and SMS.
i. The parties acknowledge that by virtue of these Terms, each may be afforded access to, and acquire knowledge of the other party’s confidential information. The party receiving that information agrees that that information will not be disclosed to others or independently used without proper authorisation from the disclosing party.
j. No Venue or Event Organiser may assign, sub-contract or sub-license any rights or obligations under these Terms without our prior written consent. We may assign or novate our rights and obligations under these Terms by immediate notice in our absolute discretion.
k. No party’s failure to enforce any right or provision in these Terms will constitute a waiver of such right or provision unless acknowledged and agreed to by that party in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
l. No party shall be liable for any delay or failure to perform its obligations under these Terms resulting from causes outside its reasonable control, including: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
m. Parts of these Terms that by their nature survive termination, will survive termination.
n. All parties to these Terms are independent contractors and are not (and will not be deemed to be) an employee, agent, principal, joint venturer or partner or another party.
o. Each party will take all necessary steps (including ensuring that relevant third parties take all necessary steps) to give full effect to these Terms.
p. Except as set out in section 17.q, these Terms are governed by the laws of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.
q. Section 17.p shall not apply to the extent that any relevant applicable law requires that these Terms should be wholly or partly governed by the laws of another jurisdiction and/or that the parties to these Terms should submit to the exclusive or non-exclusive jurisdiction of the courts of that jurisdiction.
