Vendor Terms

This Vendor Agreement is between you (the business listing on TYDAY, “you” or “vendor”) and the operator of TYDAY, [TO CONFIRM: legal entity name, ABN/ACN and registered address] (“TYDAY”, “we”). By creating a vendor account you confirm you have authority to bind the business and you agree to these terms.

The Customer Terms of Use explain to customers how TYDAY works; you must not act inconsistently with them.

• You must be at least 18 and operate a genuine business able to supply what you list.
• You must hold any ABN, registrations, licences, permits or qualifications your goods or services legally require (for example electrical testing and tagging, food handling, or working with children checks where relevant). [TO CONFIRM: whether TYDAY will require an ABN at signup]
• Account details you give us must be accurate and kept up to date.

You are not TYDAY's employee, agent or partner. When you accept a booking request, the contract for your goods or services is between you and the customer. You are responsible for supplying them, and for your own staff, subcontractors, vehicles, equipment and premises.

• Listings must describe real goods or services you can supply, with accurate photos, quantities, prices and inclusions.
• State clearly what the price includes (delivery, set-up, pick-up, GST, bonds, extras). Do not use bait pricing or hidden fees.
• Keep stock, availability and blocked dates up to date so customers are not misled.
• Do not post fake reviews, testimonials, ratings, awards or claims (for example “best in Perth”) you cannot substantiate.
• Give customers your cancellation, change, refund and bond terms before they rely on a booking.

You must not make false or misleading representations to customers. Misleading conduct is prohibited by the Australian Consumer Law.

New listings start as drafts and are reviewed manually by TYDAY before they can appear publicly. Approval is at our discretion, may take time, and is not an endorsement of your business. We may decline, edit for formatting, hide or remove listings, packages, photos or profile content that breach this agreement, appear inaccurate, or create risk for customers or TYDAY.

You keep ownership of the photos, text and other content you upload. You confirm you own it or have permission to use it (including permission from anyone identifiable in a photo, and from venues or photographers where needed), and that it does not infringe anyone's rights.

You grant TYDAY a non-exclusive, royalty-free licence to host, display, resize, crop and reproduce that content to operate and promote the TYDAY marketplace while it is listed and for a reasonable time after removal. [TO CONFIRM: lawyer to confirm licence scope, including promotional use]

• Respond to booking requests promptly. A request becomes a confirmed booking only when you accept it.
• Only accept requests you can fulfil. Once accepted, supply the goods or services as described, on time and with due care and skill.
• If you must change a confirmed date or time, tell the customer straight away; the booking returns to pending until they agree.
• Give customers clear delivery, pick-up, return, damage and bond arrangements, and handle returns and bonds fairly.

You set your own cancellation and refund terms, but they must be fair, clearly disclosed before the customer relies on the booking, and consistent with the Australian Consumer Law, including the unfair contract terms laws. If you cancel a confirmed booking, you must tell the customer promptly and refund any amounts you are required to refund.

You are the supplier for the purposes of the Australian Consumer Law and are responsible for the consumer guarantees that apply to your goods and services. You must comply with applicable product safety standards and give customers adequate safety instructions.

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.

You should hold insurance appropriate to your business, which for most event vendors includes public liability insurance. [TO CONFIRM: whether TYDAY requires insurance, minimum cover amount, and proof required]

Online payments are not currently available through TYDAY. Any payment, deposit or bond is arranged and received directly by you from the customer. TYDAY does not hold funds for you.

Platform fees: no platform fee has been set. Any fee or commission will be disclosed to you in writing before it applies, and will apply only to bookings made after that notice. [TO CONFIRM: platform fee model, if any]

You are responsible for your own taxes, including GST registration, charging GST where applicable, issuing tax invoices, and income tax. Prices you display to consumers must include GST if you are registered.

When a customer sends you a booking request, TYDAY shares the details you need to respond and fulfil it (such as name, contact details, event date, time, address and message). You must use that information only for that booking and related communications, keep it secure, not sell it, and not add customers to marketing lists without their consent. You must comply with the Privacy Act 1988 (Cth) if it applies to you, and with the Spam Act 2003 (Cth).

Our handling of your information is described in the Privacy Policy.

Treat customers respectfully and without discrimination. Contact links you add (such as WhatsApp, Messenger or Instagram) must belong to your business. You must not use TYDAY to send spam, collect customer data for unrelated purposes, or direct customers to misleading or unsafe websites.

To the extent permitted by law, you are responsible for, and agree to indemnify TYDAY against, claims and losses arising from your goods or services, your listings, or your breach of this agreement or the law, except to the extent caused by TYDAY. TYDAY provides the platform “as available” and, to the extent permitted by law, does not guarantee any number of requests or bookings. [TO CONFIRM: lawyer to review indemnity and liability cap]

You may close your vendor account at any time, but you must still fulfil, or properly cancel, bookings you have already accepted. We may suspend or end your access, or remove listings, if you breach this agreement, receive repeated well-founded complaints, provide false information, or create risk to customers or TYDAY. Where reasonable we will tell you why and give you a chance to respond.

We may update this agreement. We will give you reasonable notice of material changes and ask you to accept the new version when you next sign in.

This agreement is governed by the laws of Western Australia. [TO CONFIRM: lawyer to confirm jurisdiction and dispute process]