Customer Terms of Use

TYDAY (tyday.events) is an online marketplace that helps customers find and contact independent local businesses offering event rentals, decorations and creative event services (“vendors”). TYDAY is operated by [TO CONFIRM: legal entity name, ABN/ACN and registered address] (“TYDAY”, “we”, “us”).

These Customer Terms of Use apply when you browse TYDAY, create an account or send a booking request. By creating an account you agree to them. If you do not agree, please do not create an account.

Vendors are independent businesses. They are not TYDAY's employees, agents or partners. Unless we clearly say otherwise for a particular listing, TYDAY does not own, supply, deliver, set up or perform the goods or services listed.

When a vendor accepts your booking request, the contract for those goods or services is between you and that vendor. The vendor is responsible for what it supplies, including its quality, safety, delivery and any guarantees under the Australian Consumer Law. TYDAY provides the platform that lets you find vendors and exchange booking details.

Vendors write their own listings, photos, prices and availability. We review listings before they appear publicly, but we cannot guarantee every detail is complete or current. Please confirm anything important with the vendor.

Sending a booking request asks a vendor whether they can supply a listing on your chosen date. A booking request is not a confirmed booking, and availability shown on TYDAY is not a guarantee.

A booking is confirmed only when the vendor accepts your request. You will see the status in your account. A vendor may decline a request, or a request may remain pending, and nothing is owed by either side for a declined or pending request.

If a vendor needs to change the date or time of a confirmed booking, the booking returns to pending until it is agreed again.

You may also contact a vendor directly using WhatsApp or Messenger links they provide. Arrangements made outside TYDAY are between you and the vendor.

Online payments are not currently available on TYDAY. TYDAY does not take deposits, card details or payments from customers at this time. Do not send card details through TYDAY.

Prices shown are set by vendors and are indicative until the vendor confirms them. Any payment, deposit, bond or invoice is arranged directly between you and the vendor on the vendor's terms. Before you pay, check what the price includes (for example delivery, set-up, pick-up, GST and any bond).

If TYDAY introduces online payments or customer fees in future, we will update these terms and tell you before any charge applies. [TO CONFIRM: future payment provider and any customer fees]

Cancellations, changes and refunds for a confirmed booking are governed by the vendor's own terms, which the vendor should give you before you confirm, and always by your rights under the Australian Consumer Law. A vendor's terms cannot take away those rights.

Because TYDAY does not currently take payments, TYDAY does not hold or refund money for bookings. Contact the vendor first about any cancellation or refund. Cancel through your TYDAY account where available so the vendor is notified.

• Give accurate details in your account and booking requests, including date, address and contact details.
• Be at least 18 years old, or have a parent or guardian make the booking.
• Keep your login secure and tell us if you think your account has been misused.
• Follow the vendor's reasonable instructions for using, caring for and returning hired items.
• Make sure your venue is suitable and that any permissions needed for the venue are in place.

Event items such as structures, balloons, heaters, candles, inflatables and electrical equipment can carry risks. Follow the vendor's safety instructions, supervise children, and do not use items in conditions the vendor warns against (for example strong wind). If you notice something unsafe, stop using it and contact the vendor.

Meet vendors or let them into your venue only when you are comfortable doing so. In an emergency call 000.

You must not use TYDAY to:

• send false, abusive, discriminatory, threatening or spam booking requests or messages;
• post or upload anything unlawful, misleading or that infringes another person's rights;
• scrape, copy or harvest listings or other users' details, or interfere with the site's security or operation;
• impersonate another person or business.

We may remove content, or suspend or close accounts, that breach these terms.

The TYDAY name, wordmark, design and software belong to TYDAY or its licensors. Listing text and photos belong to the vendors who supplied them. You may view the site for your own event planning, but you may not copy or reuse its content commercially without permission. Designs you create with TYDAY's planning tools are yours to use for your event.

Goods and services supplied to consumers come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded or limited.

Subject to those non-excludable rights: TYDAY is not the supplier of vendors' goods or services and, to the extent permitted by law, is not liable for a vendor's acts or omissions; and where the law allows us to limit our liability for a failure to comply with a consumer guarantee that applies to TYDAY's own services, our liability is limited to supplying those services again or paying the cost of having them supplied again.

The site may occasionally be unavailable or contain errors. We will act reasonably to fix problems we become aware of.

If you have a problem with a booking, please contact the vendor first. If it is not resolved, or if your complaint is about TYDAY itself, contact us through the Support page. [TO CONFIRM: verified complaints contact and internal response timeframe]

We may help you and the vendor communicate, but we are not obliged to resolve disputes between customers and vendors. You can also contact Consumer Protection WA (consumerprotection.wa.gov.au) or your local consumer protection agency.

Our Privacy Policy explains how we collect, use and share your personal information, including sharing your booking details with the vendor you send a request to.

We may update these terms. If changes are significant, we will ask you to review and accept the new version when you next sign in. Changes do not affect bookings already confirmed.

You may stop using TYDAY and ask us to close your account at any time. Confirmed bookings remain between you and the vendor.

These terms are governed by the laws of Western Australia and the Commonwealth of Australia. Nothing in this clause prevents you from relying on consumer protection laws or bringing a claim in a court or tribunal you are entitled to use. [TO CONFIRM: lawyer to confirm jurisdiction clause]