1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of the Eevent.com.au website and its mobile applications for iOS and Android (collectively, the "Platform") and the services offered thereon (the "Services"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Platform. 

2. Definitions

• Event: A planned occasion or gathering, such as a wedding, birthday party, corporate event, or social function for which Customers seek event services from Providers through the Platform.
• User: Any individual or entity accessing or using the Website or Services. This includes both Customers and Providers.
• Customer: A User who seeks to book any type of event services through the Website. Customers may be individuals or businesses planning an event.
• Provider: A User who offers event services through the Website. Providers are typically businesses or individuals with expertise in specific event-related fields (e.g., Makeup, Photography, catering, entertainment, event planning, etc.).
• Listing: A description of services offered by a Provider, including pricing, service details, location, photos, and availability. Listings are created and maintained by Providers on the Platform.
• Booking: A confirmed reservation for a service between a Customer and a Provider through the Website. Bookings are made through the platform and outline the specific service, date, time, location, and agreed-upon price.
• Content: Text, data, information, graphics, images, photographs, audio, video, or other materials displayed or available on the Website. This includes content uploaded by Users (e.g., Customer & Provider profiles, reviews, etc.) and content owned by Eevent.com.au.
• Reverse Marketplace (RM): The feature on the Platform that allows Customers to post detailed requirements for services (Quote Requests) and enables Providers to submit formal, time-sensitive responses or offers (Bids).
• Quote Request (RFQ): A detailed description of an event, including service requirements, date, time, location, and budget, posted by a Customer seeking formal offers from Providers via the Reverse Marketplace.
• Bid/Proposal: A formal offer submitted by a Provider in direct response to a Quote Request through the Reverse Marketplace. Acceptance of a Bid by a Customer constitutes a legally binding Booking contract between the Customer and the Provider.
• Secure Messaging: The private, real-time communication system hosted on the Platform for direct conversation and negotiation between a Customer and a Provider regarding a Listing, Quote Request, or Booking.

3. User Accounts

3.1 Account Creation

3.1.1 Customer Accounts:

• Customers can create accounts on the Platform by providing basic information such as name, email address, and contact number, and with Google, Facebook or Apple authorisation.
• Account creation signifies agreement to these Terms of Service.

3.1.2 Provider Accounts:

• Providers must create an account on the Platform and complete their profile with required information, including a profile photo, contact details, business/display name & details. The completed profile is then submitted for approval by Eevent.
• Eevent reserves the right to approve or reject Provider applications based on the information provided, platform standards, and applicable laws.

3.2 Account Information

• All Users are responsible for maintaining the accuracy and completeness of their account information.
• Any changes to account information must be updated promptly through the Platform's self-service options. For assistance or if issues arise, Users can contact Eevent customer support.
• Providing false or misleading information may result in account suspension or termination. Eevent reserves the right to take further action, including legal recourse, in case of serious or repeated violations.

3.3 Provider Verification

• Profile Completion: Providers must complete their profiles with detailed information, including a profile photo, contact details, business/display name & details.
• Identification Verification: Providers must submit a valid government-issued photo identification document (e.g., passport, driver's license, etc.) which show a clear face, name, date of birth, etc., for verification purposes, only if requested by Eevent Platform team. Eevent reserves the right to request additional documentation as needed.
• Ongoing Verification: Eevent reserves the right to conduct periodic reviews of Provider profiles and listings to ensure compliance with Platform standards, applicable laws, and regulations.

3.4 Account Security

• Users are responsible for maintaining the confidentiality of their account credentials, including passwords.
• Eevent strongly recommends using strong, unique passwords and enabling additional security features offered by the Platform (if any) to enhance account protection.
• Users must notify Eevent immediately of any unauthorised use of their account or suspected security breach.
• Eevent reserves the right to suspend or terminate accounts in case of suspected security breaches or fraudulent activities.

3.5 Account Termination

• Users may terminate their accounts at any time by contacting Eevent customer support.
• Eevent reserves the right to suspend or terminate User’s account, without prior notice, for any reason, including but not limited to:
  • Violation of these Terms
  • Engaging in fraudulent or illegal activities
  • Providing false or misleading information
  • Failure to comply with Eevent's policies or guidelines (as applicable)
  • For inactivity (as defined in next section)
  • Actions that harm the interests of Eevent or other Users
• Upon account termination, User data may be retained for a specified period for legal, security, or technical reasons.

3.6 Inactive User Account Management

An inactive user on the Eevent platform is defined as a user who has not logged in or engaged in any platform activity (e.g., booking, messaging, profile updates) for a specified period (6 months).

• Notification: Upon reaching the inactivity threshold, Eevent may send a notification to the user's registered email address, informing them of their inactive status and the potential consequences.
• Account Suspension: If the user remains inactive after a specified period following the notification (30 days), Eevent may suspend the user's account.
• Data Retention: Upon account suspension or termination, Eevent may retain certain user data for legal, security, or business purposes in accordance with applicable data protection laws.
• Account Deletion: If a user's account remains inactive for a prolonged period after suspension (12 months), Eevent may permanently delete the account and its associated data. 

3.7 Data Privacy

The collection and use of User data are governed by Eevent's Privacy Policy, which is published on the Platform.

4. Customer Responsibilities

Customers are responsible for:

4.1 Account Management

• Creating and maintaining an accurate and up-to-date account profile, including contact information & payment methods.
• Protecting account credentials from unauthorised access through strong passwords and security measures.
• Regularly reviewing account information for accuracy and updating as needed.
• Notifying Eevent immediately of any suspected unauthorised account access or suspicious activity.

4.2 Booking and Payment

• Carefully reviewing Provider profiles, including services offered, pricing, terms and conditions, and customer reviews, before making a booking.
• Providing accurate and complete event details, including date, time, location, number of guests, and specific service requirements, as applicable.
• Selecting the desired services & offers and confirming the booking in accordance with the Provider's terms and conditions.
• Ensuring timely payment for services as outlined in the booking confirmation.
• Resolving payment disputes directly with the Provider.

4.3 Event Planning and Coordination

• Communicating clearly and effectively with the Provider regarding event details, preferences, and any special requirements.
• Providing necessary access and information to the Provider for successful service delivery.
• Ensuring the event venue is suitable for the services booked and meets any specific requirements outlined by the Provider.
• Providing adequate car parking and/or loading areas for Providers for the service period, without any charge to the Provider. The customer shall cover the cost (if any) for the Provider.

4.4 Conduct and Safety

• Maintaining a respectful and professional attitude towards Providers.
• Adhering to any specific guidelines or rules outlined by the Providers.
• Providing a safe and suitable work environment for Providers, including appropriate access and working conditions.

4.5 Reviews and Feedback

• Providing honest and constructive feedback on the services provided by Providers through the Eevent platform.
• Avoiding any defamatory or misleading content.

4.6 Compliance

• Adhering to all applicable laws, regulations, and Eevent's Terms of Service.
• Respecting the intellectual property rights of Eevent, Providers, and other users.

5. Provider Responsibilities

Providers are responsible for:

5.1 Account Management

• Creating and maintaining a complete and accurate Provider profile, including business information, insurance, and service offerings.
• Complying with Eevent's verification and approval process.
• Keeping account information and contact details up to date.
• Protecting sensitive customer information in accordance with data privacy regulations.

5.2 Service Offerings

• Providing detailed, accurate, and up-to-date information about services, including pricing, availability, terms and conditions, customer reviews, and any relevant licenses or certifications.
• Clearly communicating service inclusions, exclusions, and any additional fees or charges.
• Meeting industry standards and best practices for service delivery.

5.3 Customer Interactions

• Responding promptly and professionally to customer inquiries and booking requests.
• Providing excellent customer service throughout the booking and service delivery process.
• Resolving customer issues and complaints in a timely and satisfactory manner.
• Maintaining open and respectful communication with Customers.

5.4 Service Delivery

• Delivering services as described in the listing and in accordance with agreed-upon terms and conditions.
• Meeting or exceeding customer expectations in terms of quality, timeliness, professionalism, and adherence to industry standards.
• Adhering to any specific requirements or guidelines outlined by the Customer and as agreed with Customer.
• Providing necessary equipment, supplies, and personnel, as required, for the successful delivery of services.

5.5 Compliance

• Adhering to all applicable laws, regulations, and industry standards.
• Maintaining necessary licenses, permits, and insurance coverage.
• Complying with Eevent's Terms of Service.
• Respecting the intellectual property rights of Eevent and other users.

5.6 Financial Responsibilities

• Issuing clear and detailed invoices or receipts for all services rendered, including itemised costs and applicable taxes, if requested by Customer.
• If a customer requests an invoice, issue an invoice for the full listing price, regardless of any fees charged by Eevent.
• Resolving any payment disputes with Customers promptly and professionally.

6. Booking and Payment

6.1 Service Listing and Discovery

Eevent connects Customers with Providers offering a variety of event services. Customers can search for suitable services based on location, type, date, price, etc. Once a desired service is found, Customers can submit a booking request. Providers will have a pre-defined window to accept or decline these requests.

6.2 Bid (Quote) Requests

Customers can submit specific service requirements or preferences through the bid request feature. Providers have the discretion to respond with a bid. Both bid requests and submitted bids have a limited validity period.

6.3 Booking Confirmation

Once a customer accepts the Provider's bid/quote or Provider accepts Customer request for booking of listed service, a booking is initiated, but the booking confirmation is subject to successful deposit payment. The booking confirmation email or link in the email will include details such as:

• User (Customer/Provider) information
• Services booked
• Date, time, and location of the event
• Total cost, including any additional charges agreed upon by both parties
• Payment details

6.4 Deposit and Payment

• Deposit: A deposit is required for a successful confirmed booking. The deposit, clearly displayed on the Platform, comprises a platform fee for Eevent and a portion for the Provider as per Provider’s deposit requirements, if applicable. This deposit is intended to confirm the booking and is non-refundable.
• Balance Payment: The remaining balance of the service cost is payable from the Customer to the Provider directly on the day of the event, or as agreed-upon between the Customer and the Provider.
• Payment Methods: Eevent may offer various payment options for the deposit, such as credit card, debit card, or other online payment methods. Providers may offer various payment methods for the final balance due, such as cash, bank transfer, credit/debit card, or other agreed-upon options.

6.5 Booking Modifications

6.5.1 Booking Modifications Initiated by Customer

• The Customer can request a change in time to a confirmed booking through the platform.
• The Provider will review the request and has the discretion to accept or decline the proposed changes.

6.5.2 Booking Modifications Initiated by Provider

• The Provider can propose price and time adjustments through the platform before accepting the booking based on customer requirements.
• The Provider can’t propose any change to a confirmed booking through the platform. If unavoidable circumstances require changes, the Provider should discuss them directly with the customer.

6.6 Cancellation Policy

6.6.1 Cancellation Initiated by Customer

Customer Rights and Obligations:

• Cancellation Request: Only the customer who made the booking can initiate a cancellation through the Platform. No approval is required from the Provider.
  • Cancellation Fees & Refunds: The customer will not receive any refund of the deposit. The Provider will not receive any additional amount as compensation other than already paid deposit, if applicable.

6.6.2 Cancellation Initiated by Provider

Provider Rights and Obligations:

• Safety Concerns: Notwithstanding any other cancellation terms, a Provider reserves the right to immediately cancel a Booking if the Provider, in their sole and reasonable discretion, determines that their personal safety or the safety of their property is threatened, compromised, or placed at an unacceptable risk by the Customer, the event environment, or any other party present. In the event of a cancellation for safety concerns:

  • Deposit Refund: The Provider must process a 100% refund of any deposit paid by the Customer.
    • Eevent Penalty: The Provider will not be subject to any administrative cancellation fees or penalties from Eevent for this cancellation.
    • No Compensation: The Provider is not entitled to any compensation for the cancelled service or anticipated loss of profit.
  • Voluntary Cancellation or a no-show: If a Provider cancels a confirmed Booking for any reason other than a direct request from the Customer or a Force Majeure event, the Provider must immediately refund the full deposit paid by the Customer. In addition, the Provider will be subject to an administrative cancellation fee (payable to Eevent) designed to cover Eevent’s reasonable administrative costs and loss of commission. This fee is determined by the notice period given:

  The Customer acknowledges that the Provider's priority is personal safety, and the Provider's decision to cancel under this clause is final and non-reviewable by Eevent.

   

Cancellation Notice Period

Eevent Administrative Cancellation Fee

10 days or more before the scheduled Event Date

$100.00

Less than 10 days before the scheduled Event Date or a No-Show

$250.00

• The Provider's account will be temporarily suspended from accepting any new Bookings, Bids, or Quote Requests until the full Customer deposit refund is processed and the required Eevent administrative cancellation fee is paid in full to Eevent.

6.6.3 Cancellation due to Force Majeure or Documented Illness

Force Majeure Events

In the event of a Force Majeure event (including, but not limited to, natural disaster, declared public health emergency, pandemic-related government restrictions, or acts of war) that makes it impossible or illegal for either party to fulfil their obligations under the Booking, either the Customer or the Provider may cancel the Booking.

• In this instance, the Customer will receive a 100% refund of any deposit or pre-paid amounts, and neither party will incur any cancellation fees or penalties from Eevent. If provider has received any deposit as part of the booking, the provider will refund it to Eevent or otherwise as advised by Eevent.
• The party invoking Force Majeure must promptly notify the other party and Eevent Customer Support.

Documented Illness

If a confirmed Booking needs to be cancelled by either the Customer or the Provider due to severe personal illness or incapacitation, the cancellation may be processed without penalty from Eevent, provided the following strict documentation requirements are met:

• Medical Documentation: The cancelling party must provide sufficient medical documentation (e.g., a verifiable certificate from a registered medical practitioner) to Eevent Customer Support.
• Documentation Timeline: This documentation must be submitted to Eevent no later than 24 hours after the cancellation request or prior to the scheduled Event Date, whichever is sooner.
• Deposit Handling: If the illness is properly documented, the Customer will receive a 100% refund of any deposit or pre-paid amounts, and neither party will incur any cancellation fees or penalties from Eevent.

Failure to provide satisfactory medical documentation within the required timeframe will result in the cancellation being treated as a standard, non-excused cancellation, and the relevant fees or deposit forfeiture clauses will apply.

6.7 Eevent Fees

6.7.1 Customer Fees:

• The Eevent fee is included in all the displayed prices on our platform.

6.7.2 Provider Fees:

• Currently, there is no fee for joining as a Provider and for services listing.
• Eevent charges a fee to the Providers on each booking based on the prices shown in pricing page under Providers section.

6.7.3 Change to Eevent Fees:

• Eevent reserves the right to change the fee at any time without prior notice. This will not affect existing bookings.

6.8 Provider Subscription Plans
 

6.8.1 Plan Types:

• Eevent offers various subscription plans for Providers, which may include, but are not limited to, a Basic Plan (which may be free or paid) and one or more Premium Plans. Each plan grants access to a specific set of features, tools, and visibility enhancements on the Platform, as detailed on the Provider Subscription page. Access to certain core features, advanced Listing visibility, and the ability to submit Bids on the Reverse Marketplace may be dependent on the Provider's active subscription level.

6.8.2 Subscription Terms and Billing:

• Subscription fees are billed in advance on a recurring basis (e.g., monthly or annually) as specified when you sign up. By purchasing a subscription, you authorize Eevent to charge your chosen payment method for all recurring fees until you cancel your subscription or your account is terminated. All subscription fees are non-refundable unless explicitly stated otherwise by Eevent or required under Australian Consumer Law.

6.8.3 Automatic Renewal:

• Provider subscriptions automatically renew at the end of the billing period unless you cancel the automatic renewal at least 24 hours before the renewal date. Eevent will notify you prior to any material change in the subscription fee.

6.8.4 Changes to Plans and Pricing:

• Eevent reserves the right to modify, suspend, or discontinue any subscription plan (or any part thereof) and to change the pricing for any plan at any time. Eevent will provide Providers with reasonable notice of any price or feature changes. Continued use of the subscription service after the price change constitutes your agreement to pay the modified amount.

7. Intellectual Property

7.1 Eevent's Intellectual Property

Eevent owns or licenses all intellectual property rights, including but not limited to copyrights, trademarks, patents, and trade secrets, related to the Platform and its content. This includes the Eevent logo, website design, software, and any original content created by Eevent.

7.2 User Content

Users retain ownership of their content (e.g., photos, videos, reviews). However, by uploading content to the Platform, Users grant Eevent a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media format for the purpose of operating and promoting the Platform.

Users represent and warrant that they own or have the necessary rights to all content they upload and that such content does not infringe on the rights of any third party. Eevent reserves the right to remove or modify any user content that violates these Terms or applicable laws.

7.3 Restrictions

Users may not use, reproduce, distribute, or create derivative works of any Eevent intellectual property without Eevent's prior written consent.

8. User Conduct

8.1 Lawful Use

Users agree to use the Platform and Services in accordance with all applicable laws, rules, and regulations. Any unlawful or unauthorised use of the Platform is prohibited.

8.2 Prohibited Activities

Users agree not to:

• Engage in any fraudulent, deceptive, or misleading activities.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Interfere with or disrupt the operation of the Platform or any servers or networks connected to the Platform.
• Attempt to gain unauthorised access to any part of the Platform or any other accounts, computer systems, or networks connected to the Platform.
• Collect or harvest any personally identifiable information or other data from the Platform without the express written consent of Eevent.
• Transmit any viruses, malware, or other harmful code that could damage or disrupt the Platform, or any systems connected to it.
• Use the Platform for any commercial purpose or to solicit business from other Users without Eevent's prior written consent.

8.3 Content Restrictions

Users agree not to upload, post, or transmit any content that:

• Is defamatory, libelous, obscene, vulgar, or offensive.
• Infringes on any intellectual property rights or other rights of any third party.
• Is harmful, threatening, abusive, or harassing to any individual or group.
• Promotes discrimination, hate, or violence.
• Is unlawful or promotes illegal activities.

8.4 User Generated Content

Users are solely responsible for the content they submit or post on the Platform. Eevent does not endorse or guarantee the accuracy, completeness, or reliability of any user-generated content.

8.5 Third-Party Websites

The Platform may contain links to third-party websites. Eevent is not responsible for the content, accuracy, or privacy practices of these third-party websites. Users access such websites at their own risk.

9. Disclaimer

Eevent makes no warranties or representations about the accuracy, completeness, reliability, or suitability of the information contained on the Platform. The Platform and its contents are provided "as is" without warranties of any kind, either express or implied.

Eevent disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Eevent does not guarantee the quality, suitability, or availability of Services offered by Providers. Users rely on their own judgment when selecting and engaging with Providers.

10. Indemnification

You agree to indemnify, defend, and hold harmless Eevent, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Platform, your violation of these Terms, or your violation of any rights of another person or entity.

11. Limitation of Liability

To the fullest extent permitted by law, Eevent shall not be liable for any indirect, incidental, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with the use of or inability to use the Platform or the Services.

Eevent's total liability to you for any claim arising out of or in connection with these Terms shall not exceed the amount paid by you to Eevent during the three (3) months preceding the date the claim arose.

This limitation of liability applies to all claims, whether based on contract, tort, negligence, strict liability, or any other legal theory.

12. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Queensland, Australia. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

13. Dispute Resolution

13.1 Initial Dispute Resolution

In case of a dispute between a Customer and a Provider, the parties should try to resolve the matter directly through open communication and negotiation. Customers and Providers are encouraged to address any issues promptly to avoid escalation.

13.2 Eevent's Role

Eevent acts as a platform connecting Customers and Providers and does not assume liability for the quality of services or disputes arising between Users. Eevent may assist in facilitating communication between disputing parties upon request, but Eevent shall not act as a mediator or arbitrator.

13.3 Dispute Initiation

A dispute option will become available to customers after the service completion time. This option will be active for six hours or until the customer marks the service as complete, whichever occurs first. Customers must provide detailed reasons for the dispute, including evidence if applicable.

13.4 Dispute Resolution Process

If a dispute cannot be resolved through direct communication or with Eevent's assistance, the parties may pursue formal dispute resolution methods, such as mediation or arbitration. Eevent shall not be a party to any such formal proceedings.

14. Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall continue in full force and effect.

15. Modifications

Eevent reserves the right to modify or amend these Terms of Service at any time without prior notice. Any changes made will be effective immediately upon posting on the Platform.

It is your responsibility to review these Terms periodically for updates. Your continued use of the Platform following the posting of changes constitutes acceptance of those changes.

16. Entire Agreement

These Terms and Conditions constitute the entire agreement between Users and Eevent regarding the use of the Platform and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

No modification or waiver of any provision of these Terms shall be effective unless in writing and signed by an authorised representative of Eevent.com.au.

17. Force Majeure

Eevent shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, strikes, labor disputes, fires, floods, storms, earthquakes, or other natural disasters, interruptions in internet service or telecommunications, or failures or disruptions in the electrical power supply.