Terms & Conditions – Venue Owner

Terms and Conditions applicable to vendors using miniDO

These terms and conditions are the contract between you and miniDO (“us”, “we”, etc). By joining miniDO as a Venue/ vendor or using Our Website, you agree to be bound by the terms and conditions found in this document.

miniDO Pty LTd is a trade name of ACN 653 158 760, whose Registered office is at Ground Floor, 34 Church Street Abbotsford Victoria Australia 3067.

About miniDO

miniDO is a marketplace that allows Customers to promote and book childrens party venues.

Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes, miniDO has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of Customers’ content or listings; the ability of venues to host parties items; the ability of Customers to pay for items; or that a user or Venue will actually complete a transaction or return an item.

Definitions

“Content” means the textual, visual or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content such as advertising material, and all other product or service related material Posted by you.

“Events” means party packages available for booking by Customers

“Our Website” means any website of miniDO, and includes all web pages controlled by us.

“Post” means place on or into Our Website any Content or material of any sort by any means.

“Product” means any item offered for sale by you on Our Website, whether physical goods or downloads.

“Event Service” or “Services” means all of the services available from Our Website, whether free or charged.

“miniDO,” “us,” “we,” or “our” means miniDO, a proprietary company incorporated under the laws of Australia, and having its registered address at Ground Floor, 34 Church Street Abbotsford Victoria Australia 3067. “Platform” means the (mobile) website and app on which the Event Service is made available owned, controlled, managed, maintained, and/or hosted by miniDO. “Event” means the various different products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined, or consummated by you from the Venue Owner.

“Venue” means the provider of Event (e.g. parties), Goods (e.g. decorations, caterers, cake bakers), Services (e.g. magicians, face painter, balloon animal maker) and any other party or related product or service as from time to time available for Event Reservation on the Platform (whether B2B or B2C).

“Event Reservation” means the order, purchase, payment, booking, or reservation of an Event.

“Venue Owner” means the owner of the Venue, or representative of the Venue who is responsible for updating the Venue profile on miniDO’s website.

Our Contract

The relationship between us is solely that:

in consideration of a fee charged by us, we provide for you an Internet market place as an arm’s length contractor.
we act as your agent solely in the collection of money paid by your user.
we are not partners or joint ventures.
- If you place a Product or Venue for sale on Our Website, you do so subject to the terms and conditions in this document.
- When you place a Product on Our Website, you will be bound to provide all the information required by the Competition and Consumer Act 2010.
- Although we are not a party to your contract with a user introduced to you via Our Website, we may remove your Products from offer if a customer or Our Website visitor has a valid complaint against you.
- We may change this agreement in any way at any time. The version applicable to your contract is the version which was Posted on Our Website at the time that the agreement was made with the user.
- Subject to this agreement and to the procedures set out on Our Website, you may enter a Product for sale through Our Website.

Your Venue placement

You agree that you will:

not place any Venue for booking which is not of suitable quality or which requires for its setup or use a level of certain involvement which is not fully explained to a user before booking.
not re-place any Venue we remove from offer for booking.

Refunds

In Australia, consumers have a legal right to obtain a refund from a business for services purchased if the product or services are faulty, not fit for purpose or don’t match the description. You may not include information in your listing or return policy which may mislead Customers about their rights. You must advise Customers that they may have rights under the Australian Consumer Law.

miniDO will process refunds on your behalf if the Event Reservation is cancelled more than 7 days from the Event Reservation date. You also acknowledge and agree that we may exercise our reasonable discretion to make a final decision on any refunds where a user and Venue cannot come to agreement.

You agree that you will:

try your best to reply to the user within 72 hours to address any refund claims or disputes less than 7 days from the Event Reservation date, if no response is received within 72 hours, miniDO will have to step in to find a solution. You must cooperate with Customers in relation to their complaints;
comply with the relevant laws relating to the contract between you and your customer, relating in particular to your obligations to provide full information and accept cancellation and refunds
comply with your refunds policy when you have an obligation to refund money to a customer for any reason;
comply with the miniDO terms and conditions, and procedures as amended from time to time relating to satisfaction of an order; and
provide information to us in respect of any claim for non-delivery and any dispute as to payment, so as to enable us to identify the possibility of fraud.

The selling procedure

Payment is safely processed from the Customer’s credit/debit card or bank account to the bank account of the Venue Owner provider through a third party payment processor.
100% of the booking fee will be held by miniDO at the time of the booking confirmation.
This deposit payment is refundable until the residual payment is processed from the Customer’s credit/debit card, approximately one week before the Event.
This amount is refundable until 7 days before the Event Reservation date.
miniDO will transfer the final payment on the Monday prior to the Event Reservation date to the Venue
If the Customer requests a cancellation within 7 days of the Event Reservation date, the Customer will need to contact the Venue Owner directly and request a refund, credit or change of date. miniDO will not be responsible for processing any cancellation requests after the final payment has been made
miniDO is not responsible for the fulfillment of your contract to sell a Product.
You will receive a message by email at the time of each booking, providing full information about that booking.
If the Venue accepts bookings external to the miniDO platform, it is likely this will create conflicts in bookings. Therefore by signing up to utilise the miniDO platform, it is expected that all Event bookings for your Venue will be processed solely via the miniDO platform.
In the event of a conflict with a booking (multiple bookings at the time slot that cannot be serviced), and an agreeable alternative cannot be reached with the Customer, and the conflict is identified more than 7 days from the Event Reservation date, miniDO will refund the Customer the Total Booking Amount (including payment processing fees of 2%).
If the conflict is identified within the 7 days from the Event Reservation date, miniDO will refund the Customer the Total Booking Amount (including payment processing fees of 2%). However miniDO will retain the equivalent amount from future payments to the Venue.
If miniDO observes that conflicts continue to happen, miniDO reserves the right to remove the Venue from the miniDO platform, restricting the ability to receive future bookings.

Goods and services tax

Customers and Venue Owners are generally responsible for any Goods and Services Tax (GST), sales tax, or other taxes that apply to items on Our Website. For more information about your tax obligations, please contact the Australian Taxation Office.
In any jurisdiction where miniDO has an obligation to collect tax on consumer purchases:
- miniDO may add the applicable tax to the event price displayed to the user;
- miniDO will display the tax amount at checkout once the user’s order and delivery address are confirmed, and this will be included in the order total paid by the user;
- miniDO will collect this amount via any means available to us and remit the tax to the relevant authority.
As a Venue Owner, you acknowledge and agree that where miniDO has an obligation to collect tax on consumer purchases that we may not report tax collected to you.

Our commission and payment to you

Joining miniDO as a Venue and posting Events for booking is free.
During the introductory miniDO launch period, miniDO will charge 2% of the total Event Reservation amount to cover merchant fees for payment processing.
After the introductory launch period has ended, miniDO will retain a proportion of each booking, which is 5% of the total Event Reservation amount. This amount may change at any time, but you will be informed by email if any changes are made.
The remaining 95% of the total Event Reservation amount will be paid to the Venue on the Monday preceding the Event Reservation date.
We advertise your Events at the price you nominate, subject to these terms and conditions and also the requirements we set out on Our Website from time to time.
Our fees and commissions are payable on demand. You irrevocably authorise us to deduct them from sums paid to us by your user.
Our Website selling system is automated and can be followed by you through a ” Vendor control panel”.
A user may from time to time use discount vouchers/ codes, this total may be discounted from the total payout figure to the Venue.
If an action by a user results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time.
If you or we accept any cancellation and consequently refund money to a user, we are not obliged to repay commission to you and retain a discretion to retain any commissions payable to miniDo.
If in our discretion we believe that your performance as a Venue results in a significant number of charges back and / or user disputes or if we believe you are in breach of this agreement, the terms and conditions, or our policies and procedures, as amended from time to time, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.

Advertising your Product

If you accept our offer to advertise, market, or promote your Events, the following conditions apply:

We may use the services of a specialist internet marketing business associated with miniDO;
Without prior consent of the other; neither we nor you will contract with any other person or company for specialist services. Here your obligation is limited to the extent of the price charged and due to us;
We will charge you a fee which will include all payments we make to others;
We give no guarantee as to the success of any advertising placed; and
We may post information on our social media platforms which may including images, and videos of your products or services.
You must ensure that you list any additional requirements unique to your business on the Venue’s Site Page, using the section The Fine Print (e.g. cancellation policy, Venue limitations).

How we handle your Content

If you post content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it.
You now irrevocably authorise us to publish feedback, comments and ratings about your Products, your services, and your activity through Our Website, even where it may be critical, one-sided, or even defamatory. If you have a problem with feedback or you think it is not true, please contact us at info@minido.com.au.
Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we cannot protect your rights.
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been posted by you;
You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
Please notify us right away of any security breach or unauthorised use of your account.

Using Our Website

We invite you to post Content to Our Website for marketing your venue and Events. We have to regulate your use of Our Website to protect our business and our staff, to protect other Customers of Our Website and to comply with the law.

While using Our Website, you will not:

be unlawful, or tend to incite another person to commit a crime;
be obscene, offensive, threatening, violent, malicious or defamatory;
infringe any laws, third party rights or our policies;
be sexually explicit or pornographic;
be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age, or affiliation with any person;
use a Post to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement.
Sell on Our Website if you are not able to enter into legally binding contracts, are under the age of 18, or are suspended from selling on Our Website;
circumvent or manipulate our fee structure, the billing process, or fees owed to miniDO;
distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
distribute viruses or any other technologies that may harm Our Website or the interests or property of miniDO Customers;
harvest or otherwise collect information about Customers, including email addresses, without their consent;
Offer or reference your contact information or ask a user for their contact information in the context of buying or selling outside of miniDO, you may be liable to pay a commission fee applicable to that item.

Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms and conditions.

Security of Our Website

You now agree that you will not, and will not allow any other person to:

modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
download any part of Our Website, without our express written consent;
share with a third party any login credentials to Our Website.

Copyright and other intellectual property rights

All content on Our Website, is the property of either us, our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
You may not copy, modify, publish, transmit, create derivative works from, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent.
For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
If you would like to use any of our logos or graphics, please send us an email to info@minido.com.au

Interruption to the Service

We give no warranty that the Service will be satisfactory to you.
We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other good reasons. We may do so without telling you first.
You acknowledge that our Service may also be interrupted for reasons beyond our control.
You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

Trading on miniDO and limitation of liability

While we try our best to maintain a safe trading environment, you accept that there are unfortunately sometimes risks when trading online and using Our Website, including dealing with fraudulent people.

You will not hold miniDO responsible for other Customers’ or other vendors’ content, actions or inactions, any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatsoever.
You acknowledge that Our Website is a venue to allow anyone to prompt and book party events, at any time, from anywhere, in a variety of pricing formats and locations.
We have no control over the ability of Customers to pay for items or that a user will actually complete a transaction.
You must ensure that you comply with your obligations and are aware of any laws relevant to you as a vendor.
You alone, and not miniDO, are responsible for ensuring that your listing, selling and any other activities conducted on our site are lawful and accurate. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Contract and the policies which form part of the Contract as amended from time to time.
We do not take ownership of the items at any time and do not transfer legal ownership of items from the vendor to the user.
We cannot guarantee continuous or secure access to Our Website, and the operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use Our Website or services.
Our Website and Services are provided “as is”. As to Our Website and Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
- as to fitness of Our Website and Service for a particular purpose;
- as to availability and accessibility, without interruption, or without error;
- any obligation, liability, or remedy in tort whether or not arising from our negligence.
You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a user.

Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Contract, or your infringement of any law or the rights of a third party in the course of using Our Website.

Miscellaneous matters

If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
If you are in breach of any term of this contract, we may:
- terminate your account and refuse access to Our Website;
- remove or edit Content, or cancel any order at our discretion.
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
No failure or delay by us to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.
In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.