Agreement between Customer and iVvy
This website is operated by iVvy Pty Ltd ACN 138 782 822 (iVvy) of 1/2 Newcastle Street Burleigh Heads, QLD 4220
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) Please read these Terms carefully as it states the terms under which we make our services available to you. 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 of the Terms on the website. By your continued use of Marketplace after that posting you accept of the revised Terms.
You warrant that:
- you can enter a binding legal agreement either for yourself or any entity for whom you make a Booking;
- you will use this website in accordance with these Terms;
- all information supplied by you on this website is true, accurate, current and complete;
- you will be responsible for any use of your account by you and anyone other than you.
- 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. If iVvy becomes aware that the information being incorrect, it reserves the right to correct information which necessitate changes to your Booking including as to price.
Venue suppliers may have additional terms and conditions relating to a Booking (Venue Terms). Please read such additional terms and conditions carefully. You will have access to the Venue Terms on the Venues page within Marketplace and when making a Booking. 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 Terms prevail to the extent of any inconsistency with these Terms in relation to the use of the venue. The venue suppliers providing venue facilities through Marketplace are independent parties and not agents or employees of iVvy.
- Only create one account;
- Not create an account for anyone other than itself;
- Not provide any false information;
- Ensure that the information provided is at all times accurate and up to date;
- Not create a false identity or misrepresent an affiliation with another person or entity; and
- Not provide details (including its password) to any other person or do anything that may impact on security of the services and/or website.
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. The amount charged will be the amount required by the venue supplier and shown to you before payment. Time for payment will be of the essence.
Subject to the requirements of the venue supplier you acknowledge and agree that your credit or debit card will be charged by iVvy or the venue supplier with which your Booking is made (as applicable) for the amount agreed with the venue supplier 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)):
- The website and its contents and Services are provided without any representations or warranties of any kind, either express or implied including that a potential venue will be identified;
- iVvy is not liable for a delay or failure to perform the Terms due to circumstances beyond its control;
- iVvy does not guarantee the accuracy of, and disclaims liability for any errors or other inaccuracies relating to, the information and description of the venue and facilities displayed on this website much of which information is provided by the respective suppliers;
- iVvy disclaims all warranties, express or implied, in connection directly or indirectly with the website, Marketplace and Services including but not limited to warranties in relation to, the appropriateness, quality, authority to provide any venue, the accuracy of listings or your ability to complete a Booking;
- iVvy does not guarantee that a Booking made though us is confirmed, even if a payment has been made for the space. It is up to the Venue Supplier to confirm a Booking;
- iVvy does not represent or warrant that:
- you will have uninterrupted or error-free access to or use of the website or Marketplace by any method;
- the website, Marketplace, the Services or any links will be error-free or free from viruses, faults, defects or other harmful elements or that any bugs, viruses, Trojan horses or other corrupting programs will not be transmitted to or through the website by any third party;
- that there will not be any unauthorised access to or use of iVvy’s secure servers which may result in personal or financial information being accessed;
- that Your internet or mobile service provider will allow You or a Customer access to the website, Marketplace or Services. You are responsible for ensuring its service provider will allow it access to the Services, Marketplace and website and its content and for any costs and service fees associated with the access; or
- that your computer, mobile or other hardware devices will allow you access to the website, Marketplace or Services. You are responsible for ensuring its devices will allow it access to the Services, Marketplace and website and its content and for any costs and service fees associated with the access.
- IVvy bears no liability for any problems, technical malfunction, access issues, damage to software or hardware, interrupted service, virus, defect, bugs, Trojan horse in connection with the use of the website, Marketplace Services or any information derived from the website or Marketplace;
- IVvy is not liable for any errors or omissions or accuracy of Property Content;
- IVvy is not liable for any direct, indirect, exemplary, incidental, special, punitive or consequential liability, loss (including but not limited to loss of data and use of data, income, profit, goodwill, customers, capital or opportunity, loss of anticipated savings or benefits, loss of or damage to property, downtime costs, loss of or damage to reputation and claims of third parties, death, personal injury or any loss, damage or expense) incurred or suffered by You or a third party that arises directly or indirectly out of accessing, use of or reliance on the website or Services or an inability to use it or in any way. This applies even if IVvy has been informed that the liability, loss, damage or expense will or may result.
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.
The liability of iVvy in connection with the Terms is reduced proportionately to the extent You contribute directly or indirectly to the liability.
Subject to this section, where legislation implies in to the Terms any guarantee, condition or warranty, and that legislation voids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under such a guarantee, condition or warranty, that guarantee, condition or warranty will be deemed to be included in the Terms.
iVvy’s liability for any breach of a guarantee, condition or warranty included in the Terms as contemplated by this section will be limited,
where the relevant legislation permits such limitation, to iVvy’s choice of:
- As regards goods, to replacing the goods , supplying equivalent goods, repairing goods, or paying the cost of replacing or repairing the goods or acquiring equivalent goods; or
- As regards services, to the re-supply of the relevant services or the cost of having the relevant services supplied again.
If any applicable legislation prohibits the exclusion or limitation of liability by a party in the manner contemplated by this section with respect to particular loss or damage, then the exclusion or limitation applies to that loss or damage only in the manner, and to the maximum extent, permitted under that legislation (if any).
Nothing in these terms and conditions or in iVvy’s dealings with the Customer affects Customer’s statutory rights including those under the Competition and Consumer Act 2010 (Cth). To the extent of any inconsistency between the Terms and the Customer’s statutory rights under the Competition and Consumer Act 2010 (Cth) will apply.
You continually indemnify iVvy against any claim or proceeding that is made, threatened or commenced and against any liability, loss, damage or expense (including legal costs on a full indemnity basis) any of them incurs or suffers, as a direct or indirect result of any of the following:
- Your use of and access to the website and Services;
- A breach by You of the Terms;
- A wilful, unlawful or negligent act or omission by You;
- Violation of any third party right or law by You, including (without limitation) any Intellectual Property Rights, defamation or criminal laws; or
- A claim that You through the use of the Services caused damage to a Third Party.
The indemnity in this clause is a continuing obligation and survives termination of the Services in relation to You.
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. You should consider taking precautions if you select any such website.
iVvy owns or has a right to use the Intellectual Property Rights in the website, Marketplace and the Services (but not including the information about venues) (Owned IP Rights).
You agrees that you will not do anything that partially or entirely reproduces or exploits or otherwise breaches the Owned IP Rights or any other person’s Intellectual Property Rights whether accessible through the website, use of the Services or otherwise.
You agree that:
- No title in the Owned IP Rights transfers to you; and
- you do not obtain any rights, express or implied, 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 to the public any content provided in this website without the permission of iVvy, except where permitted by law;
- Not engage in fraudulent behaviour, defame any third party, harass any third party or gain unauthorised access to or interfere with any of iVvy’s or a third party’s online resources or systems in the provision of the Property Content or use of the services and/or Website or otherwise violate any law.
You acknowledge that all Intellectual Property Rights in iVvy’s Confidential Information and in any other material proprietary to iVvy, vest exclusively in iVvy, and that You will not infringe iVvy’s Intellectual Property Rights, nor seek to exploit or use any such material for its own purposes other than as set out in these Terms and You acquires no right or interest therein (except for a licence to use Marketplace to search for and to make a Booking).
Please let us know if you become aware aware of an infringement of any of our Intellectual Property Rights.
The invalidity or unenforceability of any provision or part of any provision of these Terms shall not affect the validity or enforceability of the remaining provisions.
Clerical errors are subject to correction and do not bind iVvy.
iVvy may amend or vary these Terms in its absolute discretion by uploading the amended Terms onto the website www.ivvy.com.au. Each day when you use the Service or Marketplace you acknowledge either receiving, or having the opportunity to review, a copy of these Terms.
iVvy may assign or otherwise deal with its interest in these Terms (including any moneys due and owing under the Terms) to any party without notice to the Customer. These Terms are personal to, and cannot be assigned by, you.
The fact that iVvy fails to do, or delays in doing, something it is entitled to do under these Terms, does not amount to a waiver of any obligation of, or of any breach of obligation by the Customer. A waiver by iVvy is only effective if it is expressly given in writing. A waiver of any provision will not operate as a waiver of any other provision, or a continuing waiver of the same provision or a similar provision in the future.