Customers using the Skills and Thrills marketplace

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INTRODUCTION

The Company provides the Skills and Thrills online marketplace for children’s activities. Use of Skills and Thrills is subject to these Terms of Service.

Definitions

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

  • ABN means Australia Business Number.
  • Agreement means the agreement formed between the Users and the Company under, and on the terms of, these Terms of Service.
  • Attendee means the person that takes part in, or attends a Booking, and generally refers to a child or dependent of the Customer.
  • Booking means a booking for services offered by a Provider, and includes any Items sold as part of a booking where implied by context.
  • Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Sydney, Australia.
  • Company means Eazypeasy Pty Ltd ABN 23 622 230 086.
  • Corporations Act means the Corporations Act 2001 (Cth).
  • Customer means a registered user of Skills and Thrills that uses the features associated with a Customer account.
  • Skills and Thrills means the Skills and Thrills digital platform accessible from:
    • https://www.skillsandthrills.com.au,
    • https://www.easypeazy.com.au
    • Flexischools
    • Any mobile application that access Skills and Thrills platform
  • Fee means a fee charged by the Company for use of Skills and Thrills.
  • GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
  • Individual means a person with Information about them in Skills and Thrills, and generally refers to a User or Attendee (or the parent or legal guardian of an Attendee where implied by context).
  • Item means an item or product sold to a Customer as part of a Booking.
  • Listing means a Provider’s profile or listing page, offering Bookings within Skills and Thrills.
  • Personal Information has the same meaning as in the Privacy Act.
  • Privacy Act means the Privacy Act 1988 (Cth).
  • Privacy Policy means the Company’s privacy policy as updated from time-to-time, which can be found at https://www.skillsandthrills.com.au/privacy-policy
  • Provider means a registered user of Skills and Thrills that uses the features associated with a Provider account.
  • Site means http://www.skillsandthrills.com.au, http://www.easpeazy.com.au and any other URL where the Company makes Skills and Thrills available from time-to-time.
  • Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Terms of Service means the terms and conditions of using Skills and Thrills, as updated from time-to-time, which can be found at: https://www.skillsandthrills.com.au/terms-conditions
  • TPS means an online third-party service provider with whom a User holds an account.
  • User means any registered Provider or Customer that uses Skills and Thrills, or unregistered user.
  • User Content means images, information, documents or other data that is uploaded or input into Skills and Thrills by either the User or Skills and Thrills; or that forms part of the User’s Intellectual Property.

USING SKILLS AND THRILLS

  1. General
    1. To use all features of Skills and Thrills, the User must log into Skills and Thrills and have set up their account. Many features will are only available to users that are signed in to Skills and Thrills.
    2. The User agrees that all use of Skills and Thrills is subject to these Terms of Service.
    3. Anyone over the age of 18 may use Skills and Thrills. People under 18 years of age must not use Skills and Thrills without their parent or legal guardian’s consent.
    4. The Company may suspend the account or restrict the access of any User that breaches the terms of this Agreement.
    5. The Company may restrict accessibility to Skills and Thrills to such locations, as the Company shall determine from time-to-time. The Company is under no obligation to make Skills and Thrills available in a particular area or location.
    6. Some aspects of Skills and Thrills may be provided by the Company manually, including (without limitation):
      1. Creating or managing a User account or Listing;
      2. Collecting Information for a Booking;
      3. Scheduling calendar invites;
      4. Sending booking confirmations;
      5. Marketing;
      6. Arranging rebates; or
      7. Arranging payment.
  2. Features
    1. Skills and Thrills may allow a Customer to:
      1. Browse and search Listings;
      2. Make Bookings;
      3. Communicate with other Users;
      4. Such other features Skills and Thrills may make available from time-to-time.
    2. Skills and Thrills may allow a Provider to:
      1. Create and manage a Listing;
      2. Offer Booking times, and accept payment for Bookings;
      3. Communicate with other Users;
      4. Such other features Skills and Thrills may make available from time-to-time.
  3. Conduct. The User acknowledges and accepts that:
    1. The Company accepts no responsibility for the conduct of any User of Skills and Thrills.
    2. The Company accepts no responsibility for any interaction between Users, whether that interaction occurs via Skills and Thrills or not (including meeting in person for a Booking).
    3. The Company makes no warranty or representation as to the accuracy of any information provided by any User.
    4. The Company makes no warranty as to the character or credentials of any User.
  4. Support
    1. The Company provides user support for Skills and Thrills via the email address feelsupported@skillsandthrills.com.au
    2. The Company shall endeavour to respond to all support requests within 1 Business Day.
  5. Use & Availability
    1. The User agrees that it shall only use Skills and Thrills for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
    2. The User is solely responsible for the security of its username and password for access to Skills and Thrills. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its Skills and Thrills account.
    3. The User agrees that the Company shall provide access to Skills and Thrills to the best of its abilities, however:
      1. Access to Skills and Thrills may be prevented by issues outside of its control; and
      2. It accepts no responsibility for ongoing access to Skills and Thrills.

LISTINGS

  1. Providers and Listings
    1. A Provider shall be able to create a Listing for any child related services (without limitation):
      1. Classes or tuition;
      2. Before and after school care;
      3. Camps;
      4. Birthdays;
      5. Entertainment;
      6. Regular extra curricular activities; and
      7. Any other related service.
    2. The Company makes no representation as to the accuracy of any information contained in a Listing, including with regard to any Item or service.
      1. In order to operate or access a Provider account, the relevant User:
      2. Warrants that it is authorised by the relevant business to do so; and
      3. Must provide the Company with such evidence as the Company may require in order to verify whether it is the owner (or otherwise authorised by the owner) of the relevant business.
    3. The Provider is responsible for ensuring that it has all necessary qualifications, accreditations, licences or other credentials necessary to provide the goods or services subject to a Booking, including (without limitation) ensuring each person within the business that is required to have one holds Working with Children’s Check.
    4. The Company may refuse to grant access to a User to operate a Provider account or create a Listing, or remove a Provider account or Listing if:
      1. The Company determines that the Provider is not qualified to offer Bookings; or
      2. The Company determines that the quality of services offered by the Provider are of low quality or not fit for purpose.
  2. Workshop/Camp Details
    1. The Provider is responsible for any information found in the Skills and Thrills website. Workshop pages are updated based on information provided by the Provider via email or telephone or based on information from in the provider website.
    2. The final workshop pages will be sent to the Provider for review and they are responsible for confirming all details are correct and up to date. This includes:
      1. The dates of the workshop(s)
      2. The timing of the workshop(s)
      3. The ages of children able to attend the workshop(s)
      4. Confirming the Providers have permission to use the images provided to Skills and Thrills or ones Skills and Thrills have taken from the Providers website (or social media) for marketing purposes and the Provider also agrees for Skills and Thrills to use them for the purposes of the Providers listing.
  3. Changes to workshop/camp details
    1. The Provider must inform Skills and Thrills as soon as possible of any changes to workshop/camp details as soon as they are made
      1. Skills and Thrills commits to making these changes within 5 hours of being notified on a business day.
      2. In the event urgent changes need to be made on a non-business day please call the Skills and Thrills support line on 1300 629 497 in addition to sending an email.
    2. It is the Providers responsibility to communicate any changes to customers who have already booked (see below), and in the event that this results in the need for any refunds / changes to bookings the provider is responsible for refunding the full cost of the class (including the Skills and Thrillsbooking fee) to the parent/carer.
    3. In the event that any changes result in are not communicated to Skills and Thrills resulting in customer booking based on inaccurate information, it is the Providers responsibility to communicate these changes to customers. And in the event that this results in the need for any refunding / changes to bookings the provider is responsible for refining the full cost of the class (including the Skills and Thrills booking fee) to the parent/carer.

TERMS OF SALE

  1. Bookings
    1. Skills and Thrills may allow:
      1. Providers to advertise available Booking times and accept Bookings via a Listing; and
      2. Customers to confirm a Booking by making payment via the Listing.
    2. The Provider may set any additional conditions on a Booking, by describing them in the Listing (including via a link to the Provider’s website). Such conditions may include (without limitation):
      1. The Provider’s terms and conditions;
      2. The fees payable for each Booking;
      3. Cancellation policy;
      4. Refund policy;
      5. Any other rules that may apply to a Booking.
    3. The Provider is solely responsible for the additional conditions it includes in a Listing.
    4. The Customer must comply with the conditions of a Booking set by the Provider.
    5. The Customer is responsible for each Attendee for whom they make a Booking.
    6. Where the Booking includes the provision of an Item, the Provider must:
      1. Provide that Item to the Customer or Attendee at the time the Booking takes place; and
      2. Ensure that the Item is of merchantable quality and fit for purpose.
    7. Once a booking is confirmed, the activity provider is responsible for all aspects of the booking and related customer service including communicating and coordinating any changes and/or providing additional details.
    8. Provider contact number will be listed in the booking confirmation email sent to the customer, and customers will be advised that they should contact the provider directly for any changes or inquiries to their booking.
  2. Payment for Bookings
    1. A Booking for an appointment, class, camp or session is not confirmed until the Customer completes payment via Skills and Thrills.
    2. Payments must be made by credit card, through Flexischools (where available and applicable), or as otherwise specified on the Site using the Skills and Thrills payment gateway.
    3. Once the Customer has made payment for a Booking, the Skills and Thrills may request any additional Information, as may be necessary for the Provider to provide the Booking. Such Information shall be provided to the Provider.
    4. The Company may take a Fee from the payment in consideration for facilitating the transaction prior to forwarding the balance of the payment to the Provider.
    5. The amount of any applicable Fee deducted shall be in accordance with the agreed rates between the Provider and the Company.
    6. Payments will be transferred to the provider nominated bank account at the end of the week on Fridays during the school holiday season.
    7. The Provider must include the following costs in the value of any payment it agrees to with a Customer for each Booking, including:
      1. Items;
      2. GST (if applicable);
      3. The value of any Fee; and
      4. Any other duty or tariff that may apply to the transaction.
    8. Where a payment includes GST, the Company will provide:
      1. The Customer with a Tax Invoice for its payment; and
      2. The Provider with a recipient created Tax Invoice for each payment it makes to the Provider.
  3. No Warranty.
    1. The Company makes no warranty or representation as to:
      1. The reputation or credentials of any Provider, or any person within a Provider; or
      2. The quality, safety or fitness for purpose of any Item or service provided subject to a Booking.
    2. The Company takes no responsibility for any harm or loss suffered by a Customer, Attendee or Provider as a result of (without limitation):
      1. Anything that transpires during a Booking;
      2. Failure for a Booking to occur;
      3. Loss or damage caused by an Attendee at a Booking;
      4. Loss or damage to property, or harm to the person of an Attendee or Customer caused by a Provider.
    3. If a Customer or Attendee suffers loss or harm as a result of any Item or service purchased from a Provider via Skills and Thrills, the Customer agrees that:
      1. The Customer shall have no recourse against the Company; and
      2. The relevant Provider remains responsible for any such loss or harm under Australian Consumer Law.
  4. No Inappropriate Items.
    1. No User may make available for sale, or advertise any Item or service that the Company in its sole discretion determines is inappropriate or offensive.
    2. The Company may remove any User Content that suggests that a user is selling or seeking to purchase an Item or service that the Company determines is inappropriate.
  5. Dispute Resolution. In addition to the dispute resolution provisions contained in this Terms and Conditions:
    1. The Company reserves the right to suspend a Provider’s account if the Company receives a complaint about a Provider.
    2. The Company may reinstate a suspended account at its sole discretion.

FEES, PAYMENTS & REFUNDS

  1. Fees
    1. Each Fee applies in accordance with such features and/or services purchased or subscribed for by the User in accordance with the pricing described on the site, or as otherwise agreed with the Company, but in default shall be:
      1. Providers shall pay a transaction fee based on a percentage of the transaction value for each transaction;
      2. Customers shall not pay any Fees on a transaction, or their use of Skills and Thrills.
    2. The User agrees to make payment in advance for all Fees due at such frequency, or on such dates as the User has subscribed for.
    3. All payments shall be made via the online payment gateway within Skills and Thrills, or in such other manner as the Company may direct from time-to-time.
    4. The Company reserves the right to introduce or change any Fees from time-to-time by giving the User written notice. Any new or changed Fees will apply at the next transaction after the User has been given such notice.
    5. If a User does not accept a change to any Fees, then it can simply terminate its Account.
  2. Currency
    1. All Fees are payable in Australian dollars, however transactions may be processed in an equivalent foreign currency (such as US dollars or Euros).
  3. GST
    1. For Users in Australia, GST is applicable to any Fees charged by the Company to the User. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Company will provide the User with a Tax Invoice for any payments.
  4. Refunds
    1. The provider is responsible for refunding the customer in all cases, unless Skills and Thrills directly contributed to need for the refund (e.g. did not update the class within the required timeframe or incorrectly updated the class).
    2. Noting that for any refunds the provider is responsible for refunding the full cost of the class (including the Skills and Thrills booking fee) to the parent/carer unless they have specifically excluded repayment of admin/marketing fees as disclosed to the customer in their T&Cs on the Skills and Thrills website.
    3. If a Customer believes it is entitled to a refund for a Booking, the Customer acknowledges that it must seek such a refund directly from the relevant Provider (including the value of any Fee).
      1. Despite a Provider’s cancellation and refund policy, the Company may at its discretion provide a refund or credit of some or all of the payment for a Booking where, by no fault of the Customer or Attendee, the Booking does not take place.
      2. If a refund is made by the Provider, the Provider acknowledges that the Company is still entitled to its Fee regardless of cancellation.
    4. The Provider shall reimburse the full amount of any refund the Company provides a Customer.
    5. Notwithstanding clauses (b), no other refunds are provided except where required under law.

USER CONTENT

  1. The User acknowledges and agrees that:
    1. Skills and Thrills may enable the User to create User Content, but that by doing so the User shall not acquire an interest to any Intellectual Property owned by the Company, which may exist in Skills and Thrills.
    2. User Content is the sole responsibility of the person that provided the User Content to Skills and Thrills or the owner of the Content if it is publicly available.
    3. The User indemnifies the Company for any User Content that is illegal, offensive, indecent or objectionable that the User makes available using Skills and Thrills.
    4. The Company may suspend accessibility to User Content via Skills and Thrills that the Company determines is illegal, offensive, indecent or objectionable in its sole discretion.
    5. To the extent permitted by law, under no circumstances will the Company be liable in any way for User Content.
    6. The User warrants that it has all necessary Intellectual Property Rights to use User Content, and shall indemnify the Company for any infringement the User commits of third-party Intellectual Property Rights by using User Content on Skills and Thrills.
    7. In order to provide the services afforded by Skills and Thrills, where the User Content includes the User’s brand, logo or other intellectual property, it grants the Company a worldwide, revocable license to use the User Content, for the term of this Agreement.
  2. Information
    1. The Customer acknowledges and accepts:
      1. Where an Individual is a child, the Customer must obtain permission from the Individual’s parent or legal guardian prior to making Information available to the Company and Providers via Skills and Thrills in accordance with this agreement.
      2. The Company collects the following information on Attendees:
        1. Full Name;
        2. Date of Birth;
        3. Any allergies/medical issues;
        4. Emergency contact name;
        5. Emergency contact number;
        6. Such other information necessary to make a Booking.
      3. The Company may share the Information provided by the Customer with the Provider as part of making a Booking;
      4. Under no circumstances will the Company be responsible to an Individual for a Provider’s use of Information;
      5. Any information shared by the Company with a Provider may be retained by the Provider for the purposes of:
        1. Providing the services subject to the Booking;
        2. Updating their administrative records and/or compliance purposes; or
        3. Such other purpose as may be agreed between the Individual and the Provider;
      6. All information about an Individual is used and controlled by the Individual (Customer on behalf of a Individual that is a child) or Provider, not the Company;
      7. All information input into Skills and Thrills about an Individual is provided with that Individual’s consent, or the parent or legal Guardian’s consent if the Individual is a child;
      8. viii.The Customer must ensure that all Personal Information they enter into Skills and Thrills is true and accurate, and agrees to update that information in order to ensure that it is current;
      9. The Provider authorised by the Individual to receive the Information and other personal information may have its own policy governing access to this information and the use of Skills and Thrills.
    2. The Provider acknowledges and accepts:
      1. The Provider is solely responsible for ensuring that its use of Skills and Thrills and storage of Information provided by the Company is compliant with all relevant laws and/or any agreement with each Individual, or the parent or legal guardian of the Individual;
      2. The Provider must ensure that its own privacy policy and other statements about how it handles Information are accurate in respect of the Provider’s use of Skills and Thrills.
      3. It shall not store or record any Information that it can access through Skills and Thrills unless it is fully compliant with the Privacy Act;
      4. It shall not disclose any Information about an Individual to any other person or party other than as authorised by the Individual, or the parent or legal guardian of the Individual;
      5. It shall ensure all Information it has access to through its use of Skills and Thrills is kept and used in accordance with applicable privacy laws in the Provider’s jurisdiction.

THIRD PARTY LOGIN AND INTEGRATION

  1. Registration & Login.
    1. A User may be able to register as a User, access Skills and Thrills and use integrated features by connecting their account with certain third party services (TPS) (e.g., Facebook, Twitter etc.).
    2. As part of the functionality of Skills and Thrills the User may connect their profile with a TPS by:
      1. Providing their TPS login information to the Company through Skills and Thrills; or
      2. Allowing the Company to access their TPS in accordance with its terms & conditions of service.
      3. When connecting to Skills and Thrills using a TPS the User warrants that they are not in breach any of the TPS’ terms & conditions of service.
  2. Ongoing Availability.
    1. The User agrees that User access to Skills and Thrills may be unavailable if the TPS becomes unavailable, and that the User may lose functionality or content that is shared between the TPS and Skills and Thrills.
    2. The User may disconnect the connection between Skills and Thrills and the TPS at any time.
    3. The Company has no relationship with any TPS and cannot guarantee the efficacy of any TPS connection.
  3. Data from TPS.
    1. Where a User connects and or registers their account using a TPS, the User authorises the Company to use data from that TPS to create the User’s profile within Skills and Thrills. General conditions
  4. Licence
    1. By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable licence to access and use Skills and Thrills for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.
    2. The Company may issue the licence to the User on the further terms or limitations (including the number of users or volume of use or transactions) as it sees fit.
    3. The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User.
  5. Software-as-a-Service
    1. The User agrees and accepts that Skills and Thrills is:
      1. Hosted on servers managed by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the User’s systems; and
      2. Managed and supported exclusively by the Company from the servers managed by the Company and that no ‘back-end’ access to Skills and Thrills is available to the User unless expressly agreed in writing.
    2. As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter Skills and Thrills.

PRIVACY

  1. The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the User and other Providers.
  2. The Privacy Policy does not apply to how the Provider handles personal information. If necessary under the Privacy Act, it is the Provider’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.
  3. Skills and Thrills may use cookies (a small electronic tracking code) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.

DATA

  1. Approach to Data
    1. The Company takes the security of Skills and Thrills and the privacy of its Users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
    2. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.
    3. The Company stores data on servers based in Australia, operated by Amazon Web Services according to accepted industry standards.
    4. The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific User Data from any period of time unless so stated in writing by the Company.
  2. Intellectual Property
    1. The Company has moral & registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
    2. Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of Skills and Thrills.
    3. The Skills and Thrills Application. The User agrees and accepts that Skills and Thrills is the Intellectual Property of the Company and the User further warrants that by using Skills and Thrills the User will not:
      1. Copy Skills and Thrills or the services that it provides for the User’s own commercial purposes; and
      2. Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in Skills and Thrills or any documentation associated with it.
    4. All content submitted to the Company, whether via Skills and Thrills or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to Skills and Thrills.
  3. Disclaimer of Third Party Services & Information
    1. The User acknowledges that Skills and Thrills is dependent on third-party services, including but not limited to:
      1. Banks, credit card providers and merchant gateway providers;
      2. Telecommunications services;
      3. Hosting services;
      4. Email services; and
      5. Analytics services.
    2. The User agrees that the Company shall not be responsible or liable in any way for:
      1. Interruptions to the availability of Skills and Thrills due to third-party services; or
      2. Information contained on any linked third party website.

GENERAL

  1. Relationship
    1. The parties agree that the Provider is an independent contractor to the Customer. Each Customer and Provider is responsible to each other with respect to each Order or Booking. The parties acknowledge and agree that:
      1. The Provider is not an employee or subcontractor of the Company, and the Provider does not provide any goods services to Customers on behalf of the Company;
      2. The Company is only the Provider’s agent for the purpose of advertising and arranging Bookings, and receiving payments from the Customer;
      3. The Provider is not an employee of the Customer or the Company; and
      4. The Company is not an agent of the Customer.
  2. Liability & Indemnity
    1. The User agrees that it uses Skills and Thrills at its own risk.
    2. The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances.
    3. The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with Skills and Thrills, including any breach by the User of these Terms of Service.
    4. In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, injury, illness, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use Skills and Thrills, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, injury, illness or business interruption of any type, whether in tort, contract or otherwise.
    5. Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
    6. The re-supply of services or payment of the cost of re-supply of services; or
    7. The replacement or repair of goods or payment of the cost of replacement or repair.
  3. Termination
    1. Either party may terminate this Agreement by giving the other party written notice.
    2. Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
    3. Termination does not affect any of the rights accrued by a party prior to termination, and the rights and obligations under the clauses contained in this Terms and Conditions survive termination of this Agreement.
  4. Dispute Resolution
    1. If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
      1. Includes or is accompanied by full and detailed particulars of the Dispute; and
      2. Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
    2. Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
    3. Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
    4. Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
    5. Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
  5. Electronic Communication, Amendment & Assignment
    1. The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
    2. The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the User of a change of details from time-to-time.
    3. The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
    4. A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
    5. Notices must be sent to the parties’ most recent known contact details.
    6. The User may not assign or otherwise create an interest in this Agreement.
    7. The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.
  6. Lodging a Complaint.
    1. If a User believes that another user’s behaviour is threatening, discriminatory, or deliberately offensive, the User may lodge a complaint to the Company via email at feelsupported@skillsandthrills.com.au.
    2. The Company may suspend or delete the account of any User that Skills and Thrills determines conducts itself inappropriately.
    3. The Company will advise the User of a suspended or deleted account of the decision to do so, but is under no obligation to identify a complainant.
    4. The Company’s decision whether or not to suspend or remove a User account is at its absolute discretion. The Company’s decision shall be final and not subject to review.
  7. Modification of Terms
    1. The terms of this Agreement may be updated by the Company from time-to-time.
    2. Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using Skills and Thrills.
  8. Special Conditions
    1. The parties may agree to any Special Conditions to this Agreement in writing.
    2. To the extent this Agreement is in conflict with, or inconsistent with any Special Conditions made under this Agreement, the terms of those Special Conditions shall prevail.
    3. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
    4. The relationship of the parties to this Agreement does not form a joint venture or partnership.
    5. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
  9. Further Assurances
    1. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
  10. Governing Law
    1. This Agreement is governed by the laws of New South Wales, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
    2. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.

SKILLS AND THRILLS “REFER A FRIEND” TERMS AND CONDITIONS.

  1. Skills and Thrills discourages spamming. You should only send referral messages to friends and family who genuinely want to receive them. By participating in ‘Refer a Friend’ you agree to these ‘Refer a Friend’ terms and conditions.
  2. The Offer: If you are registered with Skills and Thrills (www.skillsandthrills.com.au) or easypeazy (www.easypeazy.com.au) previously, your reward when your friend purchases will be a $20 voucher.
  3. Your friend must register from the referral link or use the referral code we have given you to book a program from their account for you to receive your $20 voucher. If your friend registers from a separate link or registers independently (i.e. if they visit www.skillsandthrills.com.au directly) you will not receive your $20 voucher.
  4. Vouchers are digital in nature and sit within your account area when logged into www.skillsandthrills.com.au
  5. Note: You cannot refer a friend who has already registered with Skills and Thrills or with easypeazy previously.
Customers booking workplace holiday programs

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Skills and Thrills Platform Terms and Conditions

INTRODUCTION

Eazypeasy Pty Ltd (ABN 23 622 230 086)(“Company”) is the operator of an online platform (operated via its website at http://www.skillsandthrills.com.au) that enables parents to search for and book activities for their children outside of school hours, including during school holidays. The activities are provided by third-party operators sourced by the Company (pursuant to separate terms and conditions which are available via the Company’s website).

A version of such platform has been created for corporate and institutional customers (“Platform”) to provide a facility for their employees, tenants and other agreed categories of individuals (“Permitted Users”) to register for their children to participate in activities to be provided during particular school holiday periods at the premises of the applicable corporate or institutional customer.

These Terms and Conditions set out the terms and conditions on which the Platform is available to be used by Permitted Users and create a binding, legal agreement between the Company and each Permitted User.

Definitions

The following terms used in these Terms and Conditions have the following meaning:

  • Activities means sporting, cultural and educational activities and workshops for children aged between 5-16 years delivered by Providers, as available from time to time via the Platform.
  • Account means an account registered by a Permitted User on the Platform to enable that Permitted User to make Bookings via the Platform.
  • Activity Hours means the period during which an Attendee is present at the Venue to participate in a registered Activity, such period commencing when the applicable Permitted User signs the Attendee in to the Activity and ending when the applicable Permitted User signs the Attendee out of the Activity (in accordance with the signing-in/out arrangements of the applicable Provider).
  • Attendee means the person that takes part in, or attends a Booking, and generally refers to a child or dependent of the Permitted User.
  • Booking means a booking for an Attendee to participate in an Activity offered by a Provider via the Platform.
  • Booking Conditions means the terms and conditions of a Booking, comprising the terms and conditions published in the applicable Listing at the time the Permitted User makes the relevant Booking together with the Provider’s Booking Terms.
  • Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Sydney, Australia.
  • Company means Eazypeasy Pty Ltd (ABN 23 622 230 0860.
  • Customer means a corporate or institutional customer of the Company who has authorised the Permitted User to make Bookings via the Platform.
  • Fee means a fee charged by the Company for use of the Platform by the Provider.
  • GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
  • Individual means a person with Personal Information about them stored on the Platform (and/or on servers used by the Platform), and generally refers to a Permitted User or Attendee.
  • Item means an item or product sold to a Permitted User as part of a Booking.
  • Listing means the listing page on the Platform which advertises the Activities provided by the applicable Provider and from which a Booking can be made.
  • Permitted User means a person who is authorised by a Customer to make Bookings via the Platform (and generally means employees of the Customer, or employees of tenants of the Customer or other agreed categories of individuals).
  • Personal Information has the same meaning as in the Privacy Act.
  • Platform means the digital platform operated by the Company and accessible from http://www.skillsandthrills.com.au (or such other site as notified by the Company from time to time).
  • Privacy Act means the Privacy Act 1988 (Cth).
  • Privacy Policy means the Company’s privacy policy as updated from time-to-time, which can be found at https://www.skillsandthrills.com.au/privacy-policy
  • Provider means a third party service provider that delivers the Activities.
  • Provider’s Booking Terms means the terms and conditions on which the Provider agrees to enable an Attendee to attend and participate in an Activity (a copy of which will be available via the relevant Listing).
  • Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Terms and Conditions means these terms and conditions of using the Platform, as may be updated from time-to-time, which can be found at: https://www.skillsandthrills.com.au/terms-conditions.
  • User Content means images, information, documents or other data that is uploaded onto the Platform by the Permitted User.
  • Venue means the specific location at which the relevant Activity will be held, as identified in the Provider’s Booking Terms or as subsequently notified to the Permitted User by the Provider or the Company.

SCOPE OF THE COMPANY’S SERVICES

  1. Nature of the Platform
    1. The Platform is an online platform on which the Company:
      1. publishes information about Providers and the Activities offered by Providers (as such information is provided to the Company by the relevant Provider); and
      2. allows Permitted Users to, on behalf of children in the care of such Permitted Users, make Bookings with the Providers (including to pay for such Bookings) on specific dates and at specific Venues.
    2. As the provider of the Platform, the Company does not provide, deliver, supply, control or offer the Activities. The Provider alone is responsible for the provision, delivery, supply, control and offer of the relevant Activity.
    3. When a Permitted User makes a Booking for an Activity on the Platform, the Permitted User must accept the Provider’s Booking Terms and acknowledges that, in doing so, the Permitted User enters into a contract directly with the relevant Provider.
    4. The Company is not and does not become a party to any contractual relationship as between the Permitted User and the Provider and the Company is not acting as agent in any capacity for any Permitted User.
    5. The Company may assist the Permitted User in connection with the Permitted User’s use of the Platform (for example, by answering reasonable queries from the Permitted User about the use of the Platform).
    6. The Company may, from time to time and at the Company’s discretion, help resolve issues experienced by the Permitted User in connection with a Booking and/or an Activity (for example, by providing the details of such issues to the Provider), however, the Company does not:
      1. control or guarantee the performance or conduct of any Provider, or of any Attendee or any other Permitted User at any time;
      2. control or guarantee the suitability of the Activities for any Attendee; or
      3. attend or supervise the Activities.
    7. Whilst the Company uses its reasonable efforts to ensure that each Provider provides accurate information about the Activities they provide, the Company does not guarantee the truth or accuracy of the information about the Activities and/or Providers published on the Platform and relies on the information about the Activities and/or Providers as provided to it by the relevant Provider.

USING SKILLS AND THRILLS

  1. General
    1. To use all features of the Platform, the Permitted User must log into the Platform and create an Account. Many features of the Platform are only available to Permitted Users who are signed into their Account on the Platform.
    2. The Permitted User agrees that its use of the Platform is subject to these Terms and Conditions.
    3. A Permitted User must be over the age of 18 to register an Account and use the Platform.
    4. The Company may suspend the Account or restrict a Permitted User’s access to and use of the Platform if such Permitted User breaches these Terms and Conditions.
    5. If the Permitted User wishes to use the Platform to book other activities not associated with the relevant Customer who authorised the Permitted User to use the Platform, the Company may require the Permitted User to set up a different account and/or agree to separate and/or additional terms and conditions to those set out here.
  1. Features

The Platform may allow a Permitted User to:

    1. browse and search Listings that are created by Providers;
    2. make and pay for Bookings;
    3. communicate with other Permitted Users and Providers;
    4. use other features as may be available on the Platform from time-to-time.
  1. Conduct

The Permitted User acknowledges and accepts that:

    1. the Company accepts no responsibility for the conduct of any other Permitted User; and
    2. the Company accepts no responsibility for any interaction between Permitted Users on the Platform or otherwise.
  1. Support
    1. The Company provides a service to answer any questions and/or provide support in response to reasonable requests from a Permitted User in respect of the use of the Platform via the email address support@skillsandthrills.com.au
    2. The Company shall endeavour to respond to all support requests in a timely and professional manner.
  1. Use of the Platform
    1. The Permitted User agrees not to use the Platform to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its sole discretion.
    2. The Permitted User is solely responsible for the security of his/her username and password for access to the Permitted User’s Account and use of the Platform. The Permitted User shall notify the Company as soon as he/she becomes aware of any unauthorised access of his/her Account.
  1. Providers and Listings
    1. The Company may publish information on the Platform in relation to Activities and/or Providers usinginformation provided to the Company by the Provider or information published on the website of the relevant Provider but the Company makes no representation as to the accuracy of any information contained on the Platform which is provided by a Provider.
  1. Software-as-a-Service
    1. The Permitted User agrees and accepts that the Platform is hosted on servers managed by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the Permitted User’s systems; and
    2. As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Platform.
    3. The Permitted User acknowledges and agrees that the Company cannot warrant or guarantee that the Platform will be free from interruption or delay, downtime or error, including a technical or administrative error or delay caused by the unavailability of third party services upon which the availability of the Platform relies (including any Internet service or system).

TERMS OF SALE

  1. Bookings
    1. All Bookings must be made via the Platform.
    2. Each Listingmay include additional conditions of the Provider in respect of a Booking (including via a link to the Provider’s website). Such conditions may include (without limitation):
      1. the Provider’s Booking Terms;
      2. the fees payable for each Booking;
      3. the Provider’s cancellation policy;
      4. the Provider’s refund policy; and
      5. any other rules that may apply to a Booking for an Activity offered by the relevant Provider.
    1. The Permitted User must comply with the Provider’s Booking Terms in respect of each Booking.
    2. The Permitted User is responsible for ensuring that each Attendee for whom they make a Booking:
  1. arrives at the applicable Venue with the Permitted User; and
  2. is collected from the Venue by the Permitted User,

at the time required by the Booking Conditions.

    1. The Permitted User acknowledges and agrees that each Attendee for whom they make a Booking will be in the care of the applicable Provider during the Activity Hours.
    2. As spaces are limited for each Activity, Bookings are accepted on a first-in bases. The Company does not guarantee that all Permitted Users are entitled to make any particular Booking.
    3. If bookings for an Activity are closed, Permitted Users may complete a “Waitlist Form” on the relevant Listing to register the Permitted User’s interest. The Company will contact the Permitted User at its discretion if and when a space becomes available in respect of that Activity.
    4. Bookings will not be accepted on the day of an Activity.
    5. Where the Booking includes the provision of an Item by the Provider:
  1. such Item will be provided to the Permitted User or Attendee by the Provider during the Activity Hours; and
  2. it is the Provider’s responsibility to ensure that the Item is of merchantable quality and fit for purpose.
    1. Once a Booking is confirmed:
  1. the Provider is responsible for all aspects of the Booking and related customer service including communicating and coordinating any changes and/or providing additional details in respect of the Booking and/or Activity to the Permitted User;
  2. the Provider will send to the Permitted User contact details for the relevant Provider; and
  3. Permitted Users will be required to contact the relevant Provider directly in relation to any changes or enquiries in relation to the relevant Booking.
  1. Payment for Bookings
    1. A Booking for an Activity is not confirmed until the Permitted User completes payment for the relevant Activity on the Platform.
    2. Payments must be made by credit card or as otherwise specified on the Platform using the Company’s payment gateway.
    3. Once the Permitted User has made payment for a Booking, the Company may request any additional Information, as may be necessary for the Provider to confirm the Booking. The Company shall provide such information to the Provider.
    4. The relevant Provider may authorise the Company to take a Fee from the Permitted User’s payment for a Booking (in consideration for the Company providing such Provider with access to the Platform and facilitating the transaction) prior to forwarding the balance of the payment to the Provider.
    5. If for any reason the Permitted User is late in collecting the Attendee from the Venue at the conclusion of an Activity, the Permitted User must contact the [Provider] as soon as possible using the contact details provided by the Provider. The Permitted User will be charged a fee of $3 per minute for each minute after the advertised conclusion time
    6. Unless expressed otherwise, all payments for Bookings shall be deemed inclusive of GST. The Company will provide the Permitted User with a Tax Invoice for any payments.
  2. Refunds
    1. All Bookings are subject to the Company’s Booking & Cancellation Policy as may be updated from time to time.
    2. The Company is not liable in any circumstances to make a refund or provide any credit to a Permitted User other than in accordance with such Booking & Cancellation Policy, except where required under law.
  1. No Warranty
    1. The Company will use its reasonable endeavours to identify Providers who are reputable and suitable for the provision of the relevant Activities but makes no warranty or representation as to:
  1. the reputation or credentials of any Provider, or any employee or other representative of a Provider; or
  2. the quality, safety or fitness for purpose of any Item or service provided pursuant to a Booking.
    1. The Company takes no responsibility for any harm or loss suffered by a Permitted User, Attendee or Provider as a result of (without limitation):
  1. anything that transpires during an Activity;
  2. failure for a Booking to occur;
  3. loss or damage caused by an Attendee at an Activity;
  4. loss or damage to property, or harm to the person of an Attendee or Permitted User caused by a Provider,

except to the extent that any such harm or loss is caused as a result of any direct act or omission of the Company or cannot be excluded at law.

    1. If a Permitted User or Attendee suffers loss or harm as a result of any Item or service provided by a Provider via the Platform, the Permitted User agrees that the Permitted User shall have no recourse against the Company.
  1. Dispute Resolution. In addition to the dispute resolution provisions contained in these Terms and Conditions:
    1. the Company reserves the right to suspend a Permitted User’s Account if the Company receives a complaint about a Permitted User; and
    2. the Company may reinstate a suspended Account at its sole discretion.

USER CONTENT

  1. The Permitted User acknowledges and agrees that:
    1. The Company may enable the Permitted User to create User Content.
    2. In no circumstances shall the Permitted User acquire an interest in or to any Intellectual Property owned by the Company.
    3. The Permitted User indemnifies and at all times undertakes to keep the Company indemnified from and against any loss or damage incurred by the Company in respect of anyUser Content that is illegal, offensive, indecent, objectionable or otherwise gives rise to a legal or regulatory claim against or otherwise involving the Company or any of its officers or employees.
    4. The Company may remove User Content from the Platform that the Company determines is or may be in breach of paragraph 13(c) above in its sole discretion (without notice to the Permitted User who posted such User Content).
    5. To the extent permitted by law, under no circumstances will the Company be liable in any way for User Content.
    6. The Permitted User warrants that it has all necessary Intellectual Property to use and disclose User Content, and shall indemnify the Company for any loss or damage incurred by the Company in respect of any infringement by the Permitted User of third-party Intellectual Property when using the Platform.

HEALTH AND SAFETY

  1. Medical Issues
    1. At the time of making the Booking, the Permitted User must identify all of the current medical requirements, behavioural conditions and/or allergies of the Attendee.
    2. If there are any changes to the current medical requirements, behavioural conditions and/or allergies of the Attendee after making a Booking, the Permitted User must disclose that updated information as soon as practicable to the Company and the relevant Provider.
    3. Any Attendee who requires any medication (for instance, an EpiPen), must bring such medication on each day of the Activity, as well as any relevant action plan for dealing with such medical conditions or administering such medication. The relevant medication must be provided to the Provider staff at the commencement of the Activity.
    4. The Permitted User acknowledges and agrees that the Company is not responsible for providing or ensuring the provision of a medically-trained person during the provision of any Activity (notwithstanding any disclosure to the Company of any medical requirements, behavioural conditions and/or allergies of the Attendee).
    5. The Permitted User (or other person authorised by the Permitted User, to the extent accepted by the Provider) of the Attendee is required to sign in the relevant Attendee on arrival at the Venue and sign out the Attendee each time the Attendee is removed from the care of the Provider.
    6. Any person who attends the Venue to drop off or collect an Attendee may not take photos or recordings of any other Attendees.
    7. Only adults who have verified and current Working With Children checks may enter the Venue.
    8. Unless specified by the Company, each Attendee is required to bring their own lunch and snacks (neither of which may contain nuts or require heating) and water.
    9. All Attendees are required to wear comfortable clothing and fully enclosed shoes.
  1. Disruptive Attendees
    1. If the Company and/or a Provider believes that the safety and interest of the other Attendees is jeopardized because of an Attendee’sbullying, aggressive and/or non-cooperative behaviour (“Disruptive Attendee”), the following process will be followed:
      1. the Disruptive Attendee will be given three verbal warnings;
      2. the parent/guardian of the Disruptive Attendee will be contacted on the third warning;
      3. if the Disruptive Attendee’s disruptive behaviour persists, the Disruptive Attendee will be barred from participating in the relevant Activity and the parent/guardian of the Disruptive Attendee (or, if such individual is not contactable, the alternative or emergency contact for the Disruptive Attendee) will be asked to collect the Disruptive Attendee.
    1. If an Attendee is withdrawn from an Activity in the circumstances described in this section, the Permitted User will not be entitled to a refund for the Fee paid in respect of the relevant Activity.

PERSONAL INFORMATION

  1. Collection And use of Personal Information
    1. The Permitted User warrants and represents that the Permitted User is authorised to provide Personal Information to the Company and Providers via the Platform in accordance with these Terms and Conditions.
    2. The Company collects the following information about Attendees:
  1. full name;
  2. date of birth;
  3. any allergies/medical issues;
  4. emergency contact name;
  5. emergency contact number; and
  6. such other information necessary to make a Booking.
    1. The Company may share the Personal Information provided by the Permitted User with the Provider in order to confirm a Booking and/or as otherwise required to operate the Platform.
    2. Under no circumstances will the Company be responsible to an Individual for a Provider’s use of Personal Information.
    3. Any information shared by the Company with a Provider may be retained by the Provider for the purposes of:
  1. providing the services in accordance with a Booking;
  2. updating the Provider’s administrative records and/or compliance purposes; or
  3. such other purpose as may be agreed between the Individual and the Provider.
    1. All information input into or via the Platform about an Individual is provided with that Individual’s consent, or the parent or legal guardian’s consent if the Individual is a minor.
    2. The Permitted User must ensure that all Personal Information they enter onto or via the Platform is true and accurate, and agrees to update that information in order to ensure that it is current.
    3. The Provider authorised by the Individual to receive the Information and other Personal Information may have its own policy governing access to this information and the use of the Platform.
  1. Privacy
    1. The Company maintains its Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the Permitted User and other Providers.
    2. The Privacy Policy does not apply to how the Provider handles personal information. If necessary under the Privacy Act, it is the Provider’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.
    3. The Company may use cookies (a small electronic tracking code) to improve a Permitted User’s experience while browsing, while also sending browsing information back to the Company. The Permitted User may manage how it handles cookies in its own browser settings.
  1. Data
    1. The Company takes the security of Personal Information and the privacy of its Permitted Users very seriously. The Company agrees to use its reasonable endeavours to ensure that the transmission of data occurs according to accepted industry standards. It is up to the Permitted User to ensure that any transmission standards meet the Permitted User’s operating and legal requirements.
    2. The Company stores data on servers based in Australia, operated by Amazon Web Services according to accepted industry standards.
    3. The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific User Data from any period of time unless so stated in writing by the Company.
    4. The Permitted User agrees that the Permitted User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
  1. Intellectual Property
    1. The Company has moral & registered rights in its trade marks and the Permitted User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
    2. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the Permitted User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The Permitted User warrants that it shall not infringe on any third-party rights through the use of the Platform.
    3. The Permitted User agrees and accepts that the Platform is the Intellectual Property of the Company and the Permitted User further warrants that by using the Platform the Permitted User will not:
  1. copy the Platform or the services that it provides for the commercial purposes of the Permitted User or any other person; and
  2. directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Platform or any documentation associated with it.
    1. All content submitted to the Company, whether via the Platform or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the Permitted User or any other party with respect to the Platform.
  1. Disclaimer of Third Party Services & Information
    1. The Permitted User acknowledges that the Platform is dependent on third-party services, including but not limited to:
      1. banks, credit card providers and merchant gateway providers;
      2. telecommunications services;
      3. hosting services;
      4. email services; and
      5. analytics services.
    1. The Permitted User agrees that the Company shall not be responsible or liable in any way for:
  1. Interruptions to the availability of the Platform due to third-party services; or
  2. Information contained on any linked third party website (including those of any Provider).
  1. Liability & Indemnity
    1. The Permitted User agrees that it uses the Platform at its own risk.
    2. The Permitted User acknowledges that the Company is not responsible for the conduct or activities of any Permitted User and that the Company is not liable for such under any circumstances.
    3. The Permitted User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the Permitted User’s use of or conduct in connection with the Platform, including any breach by the Permitted User of these Terms and Conditions.
    4. In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, injury, illness, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the Permitted User’s access to, or use of, or inability to use the Platform, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, injury, illness or business interruption of any type, whether in tort, contract or otherwise.
    5. Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
    1. The re-supply of services or payment of the cost of re-supply of services; or
    2. The replacement or repair of goods or payment of the cost of replacement or repair.
  1. Dispute Resolution
    1. If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
  1. Includes or is accompanied by full and detailed particulars of the Dispute; and
  2. Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
    1. Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
    2. Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
    3. Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
    4. Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
  1. Lodging a Complaint
    1. If a Permitted User believes that another Permitted User’s behaviour is threatening, discriminatory, or deliberately offensive, the Permitted User may lodge a complaint to the Company via email at support@skillsandthrills.com.au.
    2. The Company may suspend or delete the Account of any Permitted User that the Company determines conducts itself inappropriately.
    3. The Company will advise the Permitted User of a suspended or deleted account of the decision to do so, but is under no obligation to identify a complainant.
    4. The Company’s decision whether or not to suspend or remove a Permitted User account is at its absolute discretion. The Company’s decision shall be final and not subject to review.
  1.  Modification of Terms
    1. The terms of this Agreement may be updated by the Company from time-to-time.
    2. Where the Company modifies the terms, it will provide the Permitted User with written notice, and the Permitted User will be required to accept the modified terms in order to continue using the Platform.
  1. Governing Law
    1. This Agreement is governed by the laws of New South Wales, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
    2. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.