Partyfide User Terms of Service
You should read these Terms of Service carefully.
In these Terms of Service (the “Terms”) the words “Partyfide”, “we”, and “us” refer to Party Files Pty Ltd (ACN 614 085 264) trading as Partyfide (and includes its directors, employees and agents) and “you” or “your” means the User who accepts these Terms of Service. Acceptance of these Terms of Service will be indicated by your use of the Services and any associated software, networks, processes, including the purchase of any goods or services through the Website.
These Terms of Service apply to you and your use of the Services and any associated software, networks and processes, including the purchase of good or services from the Partyfide Platform.
By browsing the Website, or utilising Services offered in the Platform, you agree to these Terms. If you do not agree to these Terms you should immediately cease use of the Services and accessing the Website.
Business Listers should refer to the Business Lister Agreement, which can be accessed here.
Party Files Pty Ltd (trading as Partyfide) (“Partyfide”) provides an online service that allows people to easily search, find and connect with local party and event industry service providers.
These Terms of Service apply to use of the Partyfide website, www.partyfide.com.au.
1. Overview of Services
- 1.1 The Platform is a website that provides Users with an online platform through which persons may search for, list, sell or exchange goods and/or services. The Platform allows Users to easily search, find and connect with local party and event industry service providers. We do not supply or sell goods and/or services on, or via, the Website.
- 1.2 To use the Services, a User must register an account in accordance with Clause 2. An unregistered User may search and find Business Listers’ business profiles on the website.
- 1.3 Registered Users have access to the User Dashboard and are able to:
- (a) Enquire with Business Listers using the enquiry chat function
- (b) ‘favourite’ Business Listers using the shortlist feature;
- (c) post a review in relation to Business Listers’ businesses after using the goods and / or services of a Business Lister in accordance with Clause 1.4; and
- (d) manage and maintain account details.
- 1.4 Registered Users may rate and review a Business Lister’s business and will:
- (a) have the option rate a Business Lister’s goods and services (based on a rating system of 1 to 5 stars, as well as give feedback regarding the goods and / or services sold by the Business Lister.
- (b) Registered Users should provide honest and non-biased reviews that at all times comply with the obligations under these Terms.
- (c) Partyfide has the absolute right to remove reviews that are rude or derogatory, at the absolute discretion of Partyfide. Such reviews may result in a material breach of these Agreement, and Partyfide, in its absolute discretion, may terminate this Agreement.
- 2.1 To access certain parts of the Services, you must register with Partyfide as a member by providing us with Registration Data as requested. You may not use one email address to register for multiple accounts.
- 2.2 If you are under the age of 18 years, we may ask you to confirm that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf and, even if we do this, we will assume that you have their permission and will provide you access to the Website and your account on this basis.
- 2.3 If you are a parent or guardian who has permitted a person under the age of 18 (a “Minor”) to create a Partyfide account, you agree to:
- (a) exercise supervision over the Minor’s use of our Services and their personal account with Partyfide;
- (b) assume all risks associated with the Minor’s use of our Services and their Partyfide account, including the transmission of content or information to and from third parties via the Internet;
- (c) assume any and all liabilities resulting from the Minor’s use of our Services and their Partyfide account;
- (d) ensure the accuracy and truthfulness of all information submitted to Partyfide and the Website by the Minor; and
- (e) provide the necessary consents contained in these Terms on behalf of the Minor.
- 2.4 Subject to Clause 2.3, in the event that you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and / or as required by us.
- 2.5 If you provide us with Registration Data you consent to the possibility that:
- (a) you may receive emails from us confirming the details of your registration and any purchases from the Services made through your account with Partyfide, providing you with necessary information relating to your access and use of the Services and any purchases from the Services made through your Partyfide account; and
- (b) from time to time, we may email you regarding our Services or third-party products and services which we believe may be of interest to you, such as new products, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and / or what links (if any) were clicked. We may combine that information with other information which we have about you and may use that information to improve your site experience and / or provide customised email communications to you.
3. Using the Services
- 3.1 You must ensure that your access to or use of the Services is not illegal or otherwise prohibited by laws that apply in your jurisdiction.
- 3.2 You must take precautions to ensure that when accessing the Services you do not expose your telecommunications or computer systems to viruses, malware or other forms of interference that may damage your telecommunications or computer systems. We will take not take responsibility for any such damage to your telecommunications or computer systems which may arise in connection with your access to the Website and use of the Services.
- 3.3 Any information on this Website or otherwise provided to Users is supplied in good faith but we do not guarantee the accuracy or completeness of any information provided by us or any third party, including any Business Lister. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information which we receive from you or third parties.
- 3.4 You agree that you have sole responsibility for any activity that occurs on your account. You must keep your Partyfide account details and password secure, as you are responsible for any activity on your account (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your Partyfide password or account.
- 3.5 Partyfide may discontinue or stop (temporarily or permanently) providing access to the Services (or any feature of the Services) to you, Users, guests or members generally, at its absolute discretion and without prior notice to you.
- 3.6 Partyfide may, at its absolute discretion, terminate or suspend your Partyfide account or restrict your access to the Services for any reason including for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms. If we do this, you may be prevented from accessing all or parts of the Services, your account details or other content contained in your Partyfide account. We will not be liable to you or any third party for doing so. We may impose limits or restrictions on your use of the Services. Further, for security, technical, maintenance, legal and / or regulatory reasons, or due to any breach of these Terms, we may withdraw the Services or change or remove functions of the Services at any time without notice to you.
- 3.7 The Services may contain links to other websites. Those links are provided for convenience only and may not be current. Any hyperlinks or banners advertising other websites on the Website or from websites that are external to the Website which advertise the Website are not subject to Partyfide’s control or privacy standards, policies and procedures. Partyfide will not be responsible for the content or privacy practices associated with such linked websites and we recommend that you make your own enquiries as to the privacy and other policies of these third parties.
- 3.8 While using the Website and any associated Services, you must not:
- (a) misuse any part of the Website by introducing viruses, trojans or other material that is malicious or technologically harmful;
- (b) attempt to gain unauthorised access to any part of the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
- (c) engage in any activity that interferes with or disrupts the Services or the servers and networks which host the Services;
- (d) attempt to circumvent, disable or otherwise interfere with any security-related features of the Services or any features which prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content of the Website;
- (e) engage any abusive or derogatory behaviour; or
- (f) advocate, support or practise discrimination based on race, religion, age, national origin, language, gender, sexual orientation, or mental or physical handicap.
- 3.9 If you fail to comply with this Agreement, Partyfide may, at its absolute discretion and without liability:
- (a) immediately temporarily or permanently withdraw your right to access and use the Services (including deletion of your account);
- (b) immediately temporarily or permanently remove goods and /or services listed by you for sale on the Platform;
- (c) take any other legal action against you;
- (d) refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.
4. Legal Capacity
- 4.1 Where you engage a Business Lister for the purchase of any goods and / or services via the Website, you acknowledge that you meet the specified age requirement to transact with the Business Lister and you accept these Terms and agree that these Terms are binding.
- 4.2 Partyfide reserves the right to take legal action and seek compensation from a parent or guardian of a Minor for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into on, or via, the Website by a User who is a Minor.
- 5.1 In order to make contact with a Business Lister using the Services, for the purchase of goods and / or services on the Platform, you must first register with Partyfide in accordance with Clause 2.
- 5.2 You acknowledge and agree that a listing on the Platform for the provision goods and / or services by a Business Lister to you constitutes mere information, and does not form part of any offer to sell the goods and / or services that may be provided by a Business Lister.
- 5.3 You may communicate with Business Listers via the online chat feature on the Website for the purchase of goods and / or services. For the avoidance of doubt, all purchases and / or payments made pursuant to any agreement made using the Services is between you and the Business Lister and this agreement is made to the exclusion of Partyfide.
- 5.4 Partyfide operates an online platform that connects Business Listers and Users. Partyfide is not responsible for the verification or authenticity of a Business Lister and you accept that you are responsible for verifying the identity and authenticity of a Business Lister and its goods and / or services when you engage them for the provision of goods and / or services.
- 5.5 We accept no responsibility for purchases between a User and a Business Lister, and you agree to indemnify and hold us harmless against any and losses, liabilities, expenses, damages, costs, proceedings, demands or claims arising out of, or in connection with, the provision of the Website and the use of the Services. We will not be liable for such losses in accordance with Clause 8.
- 6.1 The processing of payments for goods and / or services can only proceed once a User and Business Lister has entered into a separate, external agreement for the purchase of goods and / or services.
- 6.2 Partyfide is not responsible for the processing of payments in relation to the purchase of goods and services and therefore accepts no responsibility for transactions that occur outside the Platform.
- 6.3 Despite Partyfide using reasonable endeavours to verify the identity of Business Listers on the Platform, you acknowledge that, to the extent permitted by law, Partyfide does not warrant the reliability, legitimacy, repute, or credibility of any Business Lister, nor the capacity, ability or willingness of the Business Lister to deliver or transact with you.
- 6.4 The User bears sole responsibility for verifying any terms and conditions imposed by the Business Lister in relation to the sale of goods and/or services, including but not limited to the terms of payment, processing and handling fees, commissions and refund policies.
- 6.5 To the maximum extent permitted by law, Partyfide accepts no responsibility for any payment that occurs outside the Website and will not be held liable for any damages, liabilities, expenses, costs or losses suffered by Users as a result of engagement with a Business Lister via the Website, in accordance with Clause 8 and Clause 16.
- 7.1 We will within a reasonable period of time, investigate any alleged error or other issue regarding any of the Services, provided that you notify us in writing within seven (7) days of becoming aware of the error or other issue, giving us all necessary information to be able to investigate the error or other issue. Notwithstanding, you agree that our liability will be limited in any event to the right to attempt redelivery of the Services to you.
- 7.2 You agree to use your reasonable endeavours to ensure that the information that you supply us or any Business Lister is complete and accurate and notify us (and, if relevant, the User(s)) in writing if there is any change to the information supplied.
- 7.3 Except as provided in this Agreement, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Services provided in accordance with this Agreement is given by us, other than as required by law. Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.
- 7.4 Except as set out in this Clause 7, we give no further warranties. All implied warranties are hereby excluded.
- 7.5 You acknowledge that, to the extent permitted by law, Partyfide does not warrant that any information or content displayed or uploaded by Business Listers on the Website is accurate, complete, reliable, current or error-free, virus free or suitable for any particular purpose or use under any specific conditions, and that they are provided on an “as is” and “where is” basis;
8. Liability and Exclusions
- 8.1 We will not be liable to you or any third party for any loss, expenses, liabilities, costs, or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of any part of the Website or downloading of any material or content posted on it, or on any website linked to it. We always recommend all Internet Users ensure they have up-to-date virus checking software installed.
- 8.2 You acknowledge that, Partyfide provides a Platform service for connecting Users and Business Listers to use the Services, and is in no way involved in purchases or payments in relation to goods and / or services displayed on the Website. To the fullest extent permitted by law, Partyfide is not responsible dealing with, and not, liable for, any disputes or complaints made by you or any User in relation to the goods or services sold, or via, the Website (including any dispute or complaint regarding refunds, payment, goods or services). You should address such complaints directly with the Business Lister.
- 8.3 Subject to clause 7, you agree that Partyfide shall not be liable to you or a third party for any:
- (a) indirect, consequential, special or exemplary losses, expenses or liabilities; or
- (b) loss of profits, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production, arising out of, or in connection with, the provision or use of the Services, the Platform, the Website or these Terms.
- 8.4 Notwithstanding, you agree that in any event, Partyfide’s maximum aggregate liability to you or a third party under these Terms will be no more than AUD$100.
- 8.5 The User acknowledges and agrees that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties. The provisions of this Clause 8 will continue to apply indefinitely after Termination of this Agreement.
- 9.1 The User and Partyfide agree not to use or disclose Confidential Information, relating to or owned by the other, received or disclosed to it by the other party during the Term of this Agreement, save for use or disclosure required in order to perform their respective obligations under this Agreement. Disclosure shall be limited to such of the receiving party’s employees, officers, agents or contractors directly involved in performing the receiving party’s obligations.
- 9.2 The parties agree that information is not to be regarded as confidential and that the receiving party will have no obligation regarding confidentiality where that information is already in the public domain or enters the public domain through no fault of the receiving party, or is received from a third party without any obligations of confidentiality, or is used or disclosed with the prior written consent of the owner of that information, or is disclosed in compliance with a legal requirement, or is independently developed by the receiving party.
- 9.3 Any Confidential Information will be returned or destroyed by the receiving party at the written request of the owner.
- 9.4 You allow us to refer to you in any publicity we engage in after we have provided you with the Services or, with your permission, during our provision to you of the Services.
- 9.5 In the event that the parties execute a separate confidentiality agreement, the terms of that agreement shall prevail over this Clause 9 only.
- 10.1 We may terminate this Agreement (or, at our discretion, cease to supply you with the Services) at our sole discretion if:
- (a) it transpires that you have provided false or misleading information on the Website; or
- (b) you are found by us to be offensive or abusive to a Business Lister or other Users.
- 10.2 Either party may terminate this Agreement immediately by written notice if the other is in breach of this Agreement to a material extent and fails to remedy the breach within fourteen (14) days of being notified of the breach in writing (if it is capable of being remedied).
- 10.3 Either party may terminate this Agreement at any time upon four weeks’ written notice the other party.
11. Intellectual Property
- 11.1 You acknowledge that all Intellectual Property in any Material is the property of Partyfide (or its licensors) and your use and access to the Services and the Website does not give you any rights, title or interest in or to the Material. Unless expressly authorised either under this Agreement or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material. Australian and international laws protect these intellectual property rights and nothing in this Agreement gives you any permission, right or licence to use any of the Intellectual Property.
- 11.2 Subject to the Copyright Act 1968 (Cth) and other relevant legislation, you may view the Services and its contents for personal and non-commercial use, however, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the Services or commercialise any information obtained from any part of the Services without the prior written consent of Partyfide or, in the case of third party Material, from the owner of the copyright and / or other Intellectual Property in that Material.
- 11.3 You may not modify or copy the layout or appearance of the Services or any computer software or code contained in the Services, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Services.
12. Unavoidable Events
We will not be liable to you (or anyone else) if Partyfide is prevented from, or delayed in, performing its obligations under the Agreement or for failing to provide the Services by acts, events, omissions or accidents beyond its reasonable control (‘Unavoidable Events’). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Services as soon as reasonably practicable. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue providing the Services to you.
- 13.1 Partyfide communicates primarily with Users via email. By using our Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. It is your responsibility to ensure that correct contact details are registered, that Partyfide is given written notice of any changes to your contact details, and that you check the nominated email address regularly for any correspondence.
- 13.2 Any notice required to be given pursuant to this Agreement shall, unless stated otherwise in this Agreement, be in English and in writing (including email communications), and be sent to the other party marked to such address as either party may from time to time notify to the other in writing in accordance with this clause (if no such address has been provided then in the case of Partyfide, to firstname.lastname@example.org, and in the case of a User, to that User’s last email address registered with Partyfide via the Platform).
- 13.3 A correctly addressed notice sent by correctly addressed emails shall be deemed to have been received 24 hours after sending.
14. Dispute Resolution
- 14.1 You agree that if you have a complaint about the performance of the Agreement or the Services provided that you will contact us at email@example.com, in the first instance, and allow us reasonable time in which to consider your complaint, determine a possible solution and notify you of the solution.
- 14.2 If the complaint regards another User’s conduct, we may attempt to resolve the issue by taking such actions as we deem necessary, in Partyfide’s absolute discretion, which may include the removal of a User’s access to the Website.
- 14.3 If the complaint regards our own performance of the Agreement, such as regarding a technical issue on the Website, we will use our reasonable endeavours to attempt to resolve the issue with you.
- 14.4 For any complaint regarding payment in relation to a Business Lister, you agree and acknowledge that such complaints should be made directly to that Business Lister, and that the Partyfide is indemnified from any losses, liabilities, damages, expenses or costs you or a third party may suffer in accordance with Clause 8 and Clause 16.
- 14.5 If, following a purchase, you feel the goods and / or services:
- (a) were not of acceptable quality;
- (b) were not fit for its purpose; or
- (c) did not match its descriptions,
- you may have rights under the Australian Consumer Law to have the goods and / or services replaced by the Business Lister, or have the price you paid for the goods and / or services refunded by the Business Lister.
- 14.6 Nothing in these Terms excludes, restricts or modifies the consumer guarantees provided for under the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”).
15. Linking to the Website
- 15.1 You may link to the Website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- 15.2 You must not establish a link to the Website from any website that is not owned by you (except with the website owner’s express permission).
- 15.3 The Website must not be framed on any other website.
- 15.4 Notwithstanding anything to the contrary, we reserve the right to withdraw our linking permission under this Clause 15 by updating these Terms on the Website.
- 16.1 To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against Partyfide which are connected with, arise out of, relate to or are incidental to use of the Services.
- 16.2 You agree to indemnify and to keep Partyfide indemnified and hold it harmless from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by Partyfide arising out of, or in connection with, the provision of the Website, your use of the Services, any breach by you or third party of this Agreement or the use of any part of the Website contrary to these Terms or any other warnings or instructions (including labels) on the Services, or as otherwise notified to you from time to time.
- 16.3 The User agrees and acknowledges that Partyfide will not be liable or responsible for any loss or damage suffered by any Business Lister due to the actions of a User, and the User will indemnify Partyfide from and against any and all claims by any Business Lister in relation to any and all content created by the User or any actions of the User.
- 17.1 We may gather personal information about our customers for the purposes of marketing, supplying or delivering our Services to you and expanding our business.
- 17.2 Partyfide is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant laws and, more importantly, because we know that you care how information about you may be used and shared.
- 17.3 Further details about our practices relating to the collection, use, disclosure and storage of your personal information are available here: https://partyfide.com.au/privacy-policy/.
- 18.1 Partyfide reserves the right to make changes to these Terms or the Services by giving you written notice, or by otherwise posting it on the Website. Accordingly, we recommend that you re-read these Terms periodically. The latest version of these Terms will be available here: https://partyfide.com.au/user-terms-of-service/. If you do not agree to these changes, you should immediately cease using the Services and otherwise accessing the Website. Your continued use of the Services or Website constitutes your acceptance of these changes.
- 18.2 Any provision of this Agreement that is found void or unenforceable will, to the extent that it is void or unenforceable, be severed from this Agreement without affecting the enforceability or validity of any other provisions.
- 18.3 A party’s failure or delay to exercise power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
- 18.4 This Agreement is governed by, and must be construed according to, the laws of the State of Victoria, Australia. The parties unconditionally submit to the exclusive jurisdiction of the courts in that State.
19. Definitions and Interpretation
- 19.1 In these Terms, these expressions shall have the following meanings, unless otherwise stated:
- “Agreement” or “Terms” means these Terms of Service, including all of the terms of any order placed by you through the Website (if applicable).
- “Intellectual Property” means all rights in patent, copyright, trade names, trade marks, logos, designs, algorithms and images (including still images, and audio and audio-visual media).
- “Business Lister” or “Lister” means any person who lists goods and / or services for sale on the Platform.“Platform” means the online platform located on the website at www.partyfide.com.au through which certain goods and services can be bought or sold.
- “Material” means any information or content (including, but not limited to, data or source codes) or images in any form (whether visible or not) stored on or used in conjunction with the Services.
- “Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Website including, but not limited to, your name, date of birth, gender and contact details.
- “Services” refers to the Platform and any associated services we provide pursuant to this Agreement.
- “Website” means the website located at www.partyfide.com.au or any other website nominated by Partyfide from time to time.
- “User” refers to any person using the Services, whether they are a Business Lister, or a person who browses, visits or otherwise uses the Website, the Platform or the Services.
- 19.2 Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any Act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations (including human, corporate and unincorporated), and vice versa. Paragraph headings are for reference and convenience purposes only, and all references to clauses are to clauses in this Agreement unless otherwise specified.