Terms and Conditions

This site is owned and operated by Birthday Spot, ABN 93 258 647 763 ("We", "Us").

By using the Site, or by registering as a user, you ("You") agree to be bound by the following agreement ("Terms of Use") between You and Us. These Terms of Use incorporate our Privacy Policy, and govern Your access to and use of this website ("Site"). If You do not agree to these Terms of Use, please exit this Site immediately.

To use the Site, You must:

  1. Comply with these and all applicable laws and regulations; and
  2. Use the Site in good faith, for non-commercial purposes only (subject to any separate agreements You have with Us).
  1. DEFINITION
    • 1.1. In these Terms, unless the context otherwise requires
      • 1.1.1.Account means an account created by a user which may be accessible via the Website and through which a User may submit a Booking Enquiry;
      • 1.1.2.Account Password means a form of letters, numerals and/or symbols which is issued or approved by us in relation to an Account and which may be used to access and operate upon an Account;
      • 1.1.3.Booking Enquiry(s) means an enquiry made by a User via the Website concerning the Merchant, the Venue Spaces or the Merchant Services;
      • 1.1.4.Guarantee means a guarantee for the purposes of Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010 (Cth);
      • 1.1.5.Catering Services means any commercial catering services provided by a Merchant as part of the Merchant Services.
      • 1.1.6.Merchant means the entity with whom the User enters a contract for the provision of the Merchant Services and Venue Spaces;
      • 1.1.7.Merchant Fees means any and all fees and charges payable by a User to a Merchant in respect of the Merchant Services or Venue Spaces pursuant to the Merchant Terms;
      • 1.1.8.Merchant Services means the services provided, or which may be provided, by the Merchant to the User and, where context permits, includes making available and providing the Venue Spaces;
      • 1.1.9.Merchant Terms means the terms and conditions pursuant to which the Merchant will provide the Merchant Services to the User;
      • 1.1.10.Privacy Policy means our privacy policy as amended by us from time to time and which is accessible from the Website;
      • 1.1.11.Us / we / our / means Birthday Spot, ABN 93 258 647 763 its associated entities or permitted assigns of which we have provided you with notice by any means including via the Website;
      • 1.1.12.User means a person in relation to whom we have created an Account or otherwise a person who makes a Booking Enquiry;
      • 1.1.13.User Event means a Merchant Service provided by or for the Merchant to a User which is pursuant to an offer by a Merchant to the User based on or in any way related to a Booking Enquiry;
      • 1.1.14.Venue Spaces means the venue spaces provided by the Merchant as part of the Merchant Services;
      • 1.1.15.Website means the site(s) accessible at www.birthdayspot.com.au, or such other sites operated by Birthday Spot from time to time; and
      • 1.1.16.You / yours means any natural person of at least 18 years of age who accesses the Website and may include, without limitation, a User.
  2. USE OF WEBSITE AND ACCOUNT
    • 2.1. You must use the Website and any Account we create for you only in accordance with the Terms. You use the Website and the Account at your sole risk. You are responsible for all activity on the Account.
    • 2.2. You must not use the Website or the Account for any purpose other than that for which it is intended to be used by Users generally, or for any malicious purpose
    • 2.3. You must not copy, distribute, commercialise or otherwise use any Website content otherwise than as permitted by law, the Terms, or by our consent.
    • 2.4. You must not access, or attempt to access the Website or the Account from any place or in any circumstance where such access may be illegal.
  3. CREATING AND USING AN ACCOUNT
    • 3.1. In order to make a Booking Enquiry, and use all the features of the Website, we may require you to register for an Account. If we require you to register, you may do so via the Website and you must provide us with such personal information as we may require including your name, address, and a valid email address. You must maintain the currency of the information you provide to us.
    • 3.2. In order for us to create an Account for you, you must create and use an Account Password which you must keep secure and confidential.
    • 3.3. If you know or suspect of any unauthorised use of your Account, you must request cancellation or disablement of the Account as soon as possible.
    • 3.4. You may request us to terminate or disable your Account at any time.
    • 3.5. We may suspend, terminate or disable, an Account or block access to the Website for any reason from time to time. We do not warrant that either or both the Account or the Website will be available at any particular time.
    • 3.6. We may send, whether electronically or otherwise, administrative and promotional materials to you from time to time, unless you opt out of receiving such materials from us via the Website.
    • 3.7. Unless compelled to do so by law, or in accordance with the Terms, we will not disclose any personal information you provide to us otherwise than in accordance with our Privacy Policy.
  4. BOOKING ENQUIRY AND BOOKINGS
    • 4.1. We operate the Website on which the Merchant Services and Venue Spaces may be listed and promoted from time to time. We act as agent for the Merchant. We do not charge you for your use of the Website, but we may receive payment from the Merchant for or in respect of any User Event.
    • 4.2. Without limitation of any other right we may have, we reserve the right to remove from the Website any listing of a Merchant, Merchant Services or Venue Spaces.
    • 4.3. Subject to this clause, you may make a Booking Enquiry of a Merchant via the Website. We reserve the right to refuse a Booking Enquiry for any reason, in which case we will notify you.
    • 4.4. In order to make a Booking Enquiry, you may be required to provide us with such personal information as we may require including your name, address, and a valid email address.
    • 4.5. A Booking Enquiry made may result in the Merchant making an offer to you to provide Merchant Services, including making available the Venue Spaces.
    • 4.6. Any offer made by a Merchant, in response to a Booking Enquiry, is made by the Merchant pursuant to the Merchant Terms unless otherwise stated. If you accept an offer by a Merchant in respect of Merchant Services, including the making available of the Venue Spaces, you will enter into a contract directly with the Merchant and will be bound by the Merchant Terms.
    • 4.7. We may, as agent for the Merchant, correspond with you concerning the Merchant Services, including but not limited to the making of offer(s) to provide you with Merchant Services and Venue Spaces, confirmation of bookings for Merchant Services and Venue Spaces, and invoicing the Merchant Fees.
  5. MERCHANT SERVICES AND VENUE SPACES
    • 5.1. You agree and acknowledge that the Merchant is and remains wholly and solely responsible for making available the Venue Spaces and providing the Merchant Services, and we do not assume any responsibility or liability in this regard.
    • 5.2. Without limitation to clause 5.1, we make no representation or warranty as to, and are not responsible or liable for:
      • the quality, merchantability, fitness for purpose, correspondence to description, or suitability of any Merchant Services or Venue Spaces; and
      • the quality or suitability of the Catering Services, including but not limited to the food or beverages provided, the service of the food or beverages.
    • 5.3. Any listing of a Venue Space or Merchant Services appearing on the Website is intended to be indicative only and is subject to change without notice.
    • 5.4. Any information on the Website is, and is intended to be, general in nature, and should not be relied upon without first making such independent enquiries as to the accuracy of the information as may be appropriate. Any photographs or other visual depictions are intended to be indicative only. Whilst we take every opportunity to verify the information provided to us by Merchants, we rely on the Merchant to provide us with information that is accurate and we do not accept liability for errors or inaccuracies in the information provided to us by the Merchant.
    • 5.5. The Merchant provides the Merchant Services and makes available the Venue Spaces pursuant to the Merchant Terms, and the User is responsible for complying with, and ensuring any other persons who may attend a User Event comply with, the Merchant Terms.
    • 5.6. If you arrange a User Event for or on behalf of any other person(s), you must ensure that the person(s) is aware of, understands and complies with, the Merchant Terms.
  6. LIMITATION OF LIABILITY
    • 6.1. Subject to this clause 6, and to the extent permitted by law, we exclude all implied warranties and conditions which might otherwise apply to these Terms.
    • 6.2. Subject to this clause 6, and to the extent permitted by law, we and our employees, contractors or agents accept no liability whether arising at law, in equity or by virtue of any statute for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience:
      • 6.2.1. arising out of or in connection with the Website or the Terms; or
      • 6.2.2. caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of the Merchant for the Merchant Services, including the Venue Spaces and Catering Services, over whom we have no direct control, or by force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part, except to the extent that the liability arises solely from the gross negligence of us, our employees, contractors or agents, in which case our liability, including liability for our failure to comply with a Guarantee, shall be limited to, as we determine:
      • 6.2.3. the supply of the services pursuant to these Terms again; or
      • 6.2.4. the payment of the cost of having the services pursuant to these Terms supplied again.
    • 6.3. Nothing in this clause 6 shall be read or applied so as to purport to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or any relevant State Act or Territorial Ordinance which by law cannot be excluded, restricted or modified.
    • 6.4. You indemnify us against any loss, damage or injury we incur or sustain as a direct or indirect result of breach of the Terms or Merchant Terms by you.
  7. GENERAL TERMS
    • 7.1. As consideration for our promise to provide the Website and the services pursuant to these Terms, you promise to comply with these Terms and the Merchant Terms, including with respect to the payment of the Merchant Fees.
    • 7.2. If any of these Terms is invalid or unenforceable it is to be read down so as to enable it to be valid and enforceable or otherwise severed so as to preserve the enforceability of the remaining Terms.
    • 7.3. The Terms contain the entire agreement between us and you and are governed by the laws of Victoria.
    • 7.4. Your continued use of the Website or the Account indicates your acceptance of any amendment we make to these Terms from time to time.
    • 7.5. The Website may contain links to other websites, content or resources not provided by us. We do not necessarily endorse, sponsor or approve of any such websites, content or resources and accept no responsibility for them.
    • 7.6. We may vary the Terms at any time without notice.
    • 7.7. Notwithstanding clause 3.7, if we determine to transfer, whether by sale or otherwise, any of the assets of the business through which we operate the Website or otherwise provide related services, or any interest we may have in any entity which carries on such business, we may assign all our right, title and interest in this agreement to the transferee which will include all details in relation to any you and the Account.
    • 7.8. We reserve all our rights to the extent that they are not reserved by the Terms.
  8. INTELLECTUAL PROPERTY RIGHTS
  9. The material on the Site is protected under Australian and international copyright and other laws governing protection of intellectual property rights. Intellectual property rights in images, trademarks and other content on the Site are owned by their respective owners. You must not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, create derivative works from, adapt, or edit such materials. However, you may copy (either electronically or in hard copy) material on the Site only for non-commercial personal use.

  10. CANCELLATIONS AND REFUNDS
  11. Birthday Spot does not exchange or refund an event booking. Cancellations, changes and refunds are the sole responsibility of the merchant and they will be accountable and responsible for any exchanges or refunds due. Please note any specific Merchant Terms in relation to Cancellations and Refunds.

  12. COMMUNICATIONS
    • 10.1. Birthday Spot may provide you with the ability to communicate with Us, advertisers and other users of Birthday Spot, through agreements, online forms, social media, electronic requests and enquires, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communications).
    • 10.2. You acknowledge that Communications may be public and not private communications. Further, you acknowledge that Communication may be collected, stored and scanned by Birthday Spot. You should not however, consider Communication to have been reviewed, screened, or approved by us.
  13. SOFTWARE SERVICES
    • 11.1. Any software that is made available to download from Birthday Spot is owned by us and/or its suppliers.
    • 11.2. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You must agree to the terms of the License Agreement before using the Software.
    • 11.3. If there is no License Agreement, Birthday Spot grants you a personal, non-transferable license to use the Software for viewing and otherwise using Birthday Spot in accordance with these terms and conditions, and for no other purpose.

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Victoria Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.