Welcome to www.instantbooking.com.au (the 'Website'
). The Website facilitates interactions between:
(a) a user seeking services (referred to as the 'Receiver'); and
(b) a service provider offering services (referred to as the 'Provider'),making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver services in a fast and secure manner (the 'Services').
Access to and use of the Website and any associated products or services is provided by Instant Booking Pty Ltd (ACN 625 375 608) (‘Instant Booking’). Please read these terms and conditions (the 'Terms') carefully.
Acceptance of the Terms
These Terms constitute an agreement between Instant Booking and you as a user of the Website and/or recipient of Services. By using the Website and/or receiving the Services in any way, you agree to be bound to these Terms and to any amendments which may be made from time to time in the manner provided in these Terms. Instant Booking may also require you to acknowledge and accept other terms and conditions on the Website (including the Provider Portal) by clicking “accept” or “agree” (as applicable). All terms and conditions on the Website (including the Provider Portal) form part of the Terms. If you do not agree with the Terms, you must immediately cease using the Website and receiving the Services.
You must not use the Services and must not accept the Terms if you are not of legal age, or do not have the authority, to form a binding contract with Instant Booking.
Once you have completed the registration process, you will be a registered member of the Website ('Member').
You warrant that any information you give to Instant Booking in the course of completing the registration process will be accurate, correct and up to date. You must immediately notify Instant Booking if any information that you have provided Instant Booking ceases to be accurate, correct and up to date.
Use of the Website and Services
Upon successful completion of your registration as a Member, we grant you a non-exclusive and non-transferrable right to use the Website and Services.
You must use the Website and Services only for the purposes that are permitted in the Terms, the Website or as otherwise approved by Instant Booking in writing. Breach of this provision may result in cancellation of the Services and/or suspension or termination of your registration.
Your use of the Website or Services must be in accordance with any applicable law in:
(b) the country which you reside; and
(c) the country from which you use the Services.
You must not use the Website or Services for any illegal and/or unauthorised use, including (but not limited to) collecting email addresses of other Members by electronic or other means for the purpose of sending unsolicited emails.
You acknowledge and agree that any automated use of the Website or Services is prohibited and may result in cancellation of the Services and/or suspension or termination of your registration.
You must not use the Website or Services to solicit any goods and services, other than as permitted in the Terms, the Website or otherwise approved by Instant Booking in writing. You acknowledge and agree that, unless otherwise agreed in writing, all commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in cancellation of the Services and/or suspension or termination of your registration.
Your obligations as a Member
Any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') must be accurate, correct and up to date. You must immediately amend any of Your Content that ceases to be accurate, correct and up to date.
You have sole responsibility for protecting the confidentiality of your registration information and/or profile log-in (including all passwords and/or email addresses). Any use of your registration information and/or profile log-in by any other person, or third parties, is strictly prohibited and may result in the immediate cancellation of the Services and/or suspension or termination of your registration. You agree to immediately notify Instant Booking of any breach of security or unauthorised use of your registration information and/or profile log-in.
You must not in any way impersonate or pass yourself off as another Member. You must not use the registration information and/or profile log-in of any other Member at any time.
You are not permitted to have more than one Member profile, including if you are both a Receiver or Provider.
When using the Website, you must not:
(a) harass, stalk, threaten, discriminate, spam, intimate, or otherwise inappropriately communicate with another Member;
(b) interfere with another Member’s use and enjoyment of the Website;
(c) attempt to solicit any Member away from the Website;
(d) upload any material that is abusive, threatening, harmful, malicious, defamatory, obscene, profane or unlawful;
(e) upload any material containing a virus or other hostile compute program, or otherwise attempt to undermine the security of the Website and Instant Booking’s computer systems; or
(f) attempt to gain unauthorised access to material, content and records through any means not intentionally made available through the Website.
Obligations of Providers
This clause 6 applies to any Provider who proposes to provide services to Receivers. Any breach of this clause 6 may result in cancellation of the Services and/or suspension or termination of your registration.
You acknowledge and agree that you are an independent contractor who has no affiliation to Instant Booking.
You acknowledge and agree that Instant Booking are neither a party to any transaction (whether completed or not) between any Provider and any Receiver, nor responsible for any obligations arising between any Provider and any Receiver.
As a Provider, you may create and edit information on the Website regarding the services you offer to Receivers (‘Listing’). You are solely responsible for the accuracy of your Listings, and for clearly describing any special terms and conditions applicable to Receivers accepting your Listings. Instant Booking has no liability or responsibility in connection with your Listings.
Your Listing must include:
(a) at least one photo (of good quality) related to your service;
(b) accurate description of your services;
(c) up to date availability schedule; and
(d) up to date pricing.
You understand that any Listings you create on the Website may result in you owing Receivers certain obligation under Australian Consumer Law and other applicable laws. You agree that such responsibilities are your sole responsibility.
You represent and warrant that you have full legal right and authority to offer the services outlined in your Listing, and enter into a binding contract with a Receiver (‘Booking’).
You represent and warrant that you comply with all laws, ordinances, regulations, agreements and/or similar restrictions applicable to your Listing and any Booking. You warrant that in entering into a Booking with a Receiver, you will not be contravening the terms of such applicable laws, ordinances, regulations, agreements and/or restrictions.
You must not engage in any fraudulent or deceptive practices, including making false or misleading claims in: (i) your Listings; (ii) in communications with any Receivers; or (iii) in your Bookings.
You represent and warrant that you have obtained, and at all times maintain, all appropriate and adequate insurance policies relevant to your Listing and Booking, and as otherwise required by applicable laws. You must upload details of your current insurance policies on the Provider Portal where required.
You are solely responsible for ensuring you comply with all applicable taxation requirements and make payment of all taxes and duties regarding: (i) your use of the Website and/or Services; and (ii) your Listing and all Bookings.
Instant Booking reserves the right to remove any of your Listings from the Website which, in Instant Booking’s sole discretion:
(a) will reflect adversely, or be likely to cause prejudice, to Instant Booking, the Website or the Services; or
(b) are illegal, offensive or otherwise inappropriate.
Obligations of Receivers
This clause 7 applies to any Receiver who seeks to procure services from a Provider. Any breach of this clause 7 may result in cancellation of the Services and/or suspension or termination of your registration.
As a Receiver, you may browse offers for services on the Website (‘Listings’), and use the Website to contact the Provider and enter into an agreement with the Provider (‘Booking’).
You acknowledge and agree that Instant Booking is neither a party to any transaction (whether completed or not) between a Provider and Receiver, nor responsible for any obligations arising between a Provider and Receiver.
You represent and warrant that you have full legal right and authority to enter into a binding contract with a Receiver.
Instant Booking does not make any representation, warranties or guarantees (whether express or implied) regarding the quality, safety, condition, suitability, merchantability, and/or fitness for purpose of any Listing of a Provider.
You represent and warrant that you have conducted your own enquiries regarding a particular Listing and Provider in respect of which you enter into a Booking.
You understand that any Booking you enter into may result in you owing Providers certain obligations under applicable laws.
Instant Booking is not liable for any loss or damage incurred as a result of your acceptance of a Booking.
You agree to access and use the services provided by a Provider only in accordance with the terms of the Booking formed between you and the Provider. You acknowledge and agree that if you break any of the Provider’s rules (as described in the Provider’s Listing and/or Booking), the Provider may terminate the Booking immediately and you may not be entitled to any compensation for such termination.
You represent and warrant that you have complied with all applicable laws, ordinances, regulations, agreements and/or similar restrictions applicable to your Bookings. You warrant that in entering into Booking with a Provider, you will not be contravening the terms of any such applicable laws, ordinances, regulations, agreements and/or similar restrictions.
You represent and warrant that you have obtained, and at all times maintain, all appropriate and adequate insurance coverage regarding the Booking as may be required by applicable laws.
You must not engage in any fraudulent or deceptive practices, including making false or misleading claims in: (i) your communication with any Providers; and (ii) your Bookings.
Both Providers and Receivers will be asked to review and rate their experience with their Bookings. You acknowledge that the review and rating system is an essential component to the success of Instant Booking, and agree to cooperate honestly and openly, and to refrain from any slander or inappropriate comment.
Reviews and ratings may only be left:
(a) in respect of a Provider, by a Receiver that entered into a Booking with that Provider; and
(b) in respect of a Receiver, by a Provider that entered into a Booking with that Receiver.
Instant Booking reserves the right, in its sole discretion, to take any action, be it positive or negative, based on the aggregate ratings given to a Member, including (but not limited to):
(a) temporarily suspending Members;
(b) permanently banning Member; or
(c) promoting or demoting the visibility of a Member on the Website.
Members may report a review or rating to Instant Booking if the Member feels that the review or rating breaches the Terms.
Instant Booking reserves the right to:
(a) monitor the review and ratings system from time to time;
(b) investigate any complaints; and
(c) take any action Instant Booking considers to be reasonable in the circumstances.
Instant Booking uses PayPal to process all payments contemplated under the Terms. All payments made by a Receiver to a Provider (‘Booking Fee’) must be made via the PayPal portal on the Website. Any applicable membership fees paid by a Provider to Instant Booking (‘Membership Fees’) must be made via the PayPal portal on the Website.
You agree that Instant Booking will receive a referral fee from each Booking Fee (‘Referral Fee’). The amount of Referral Fee is outlined on the Provider Portal on the Website and will be dependent on the service provided by the Provider and the level of membership of the Provider. By using the Website and receiving the Services, you are deemed to have accepted the Referral Fees that are applicable.
You hereby warrant that you have read, understood and agree to be bound by the PayPal terms and conditions
which are available on their website.
Except as otherwise provided, all amounts on the Website will be expressed and displayed in Australian dollars, and all payments contemplated by the Terms must be made in Australian dollars.
With the exception of GST, which is included in the Booking Fee and Membership Fee charged to Providers, Instant Booking will not be liable for the collection, distribution or payment of any taxes or other fees in relation to any Bookings between Receivers and Providers. The Provider agrees to take full responsibility for all taxes and fees of any nature associated with their Listing and Bookings.
You acknowledge and agree that Instant Booking is neither a party to any transaction (whether completed or not) between a Provider and Receiver, nor responsible for any obligations arising between a Provider and Receiver.
All Referral Fees and Membership Fees collected by Instant Booking are non-refundable. Nonetheless, Instant Booking may, at its sole discretion, provide a refund or credit where circumstances warrant.
Copyright and Intellectual Property
The Website and all associated material (e.g. email communication sent by Instant Booking) is protected by copyright under the laws of Australia and through international treaties.
Unless otherwise indicated, all intellectual property rights in the Website and associated materials (e.g. email communication sent by Instant Booking), including (but not limited to) trademarks, service marks, business names, trading names, domain names, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features (‘Intellectual Property’) are owned, registered, controlled, licensed and/or reserved by Instant Booking (and/or its contributors).
Instant Booking grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to use the Intellectual Property solely for the purposes of using the Website and receiving the Services pursuant to the Terms.
Instant Booking does not grant you any other rights whatsoever in relation to the Intellectual Property. Instant Booking retains all rights, title and interest in and to the Intellectual Property.
Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, you grant to Instant Booking a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third-party, transmit, post, distribute, show or play in public, adapt or change Your Content.
You must indemnify, defend and hold harmless, Instant Booking and its officers, employees, agents, contractors, and affiliates against all liability, damages, losses, costs or expenses (including, without limitation, legal fees on a full indemnity basis), arising out of any claim, suit, proceeding, action or allegation (‘Claim’) that Your Content violates or infringes any intellectual property rights of a third party. You may defend each indemnified Claim against Instant Booking, however, you may not enter into any settlement of a Claim without Instant Booking’s prior written consent.
During the course of your use of the Services, you may receive information relating to Instant Booking, the Website or the Services that is not known to the general public (‘Confidential Information’
). You agree that:
(a) all Confidential Information will remain Instant Booking's exclusive property;
(b) you will use and disclose Confidential Information only as is reasonably necessary for your participation in the Services;
(c) you will not directly or indirectly (including through a third party) disclose Confidential Information to any other person; and
(d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in the Terms.
You must not misrepresent or embellish the relationship between you and Instant Booking in any way. You may not use Instant Booking’s trademarks or logo in any way (including in promotional material) without Instant Booking’s prior written consent.
As part of the registration process, or as part of your continued use of the Website and/or Services, you may be required to provide personal information about yourself (such as identification or contact details), including (for example):
(b) Date of birth
(c) Email address
(d) Preferred username
(e) Mailing address
(f) Telephone number
(h) Photos, Videos, Descriptions, Reviews
), which is available on the Website.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by any laws (or any liability arising under them) which by law may not be limited or excluded.
Use of the Website and the Services is at your own risk. Subject to clause 15.1
and to the maximum extent permitted by law:
(a) the Website and the Services is provided to you "as is" and "as available"; and
(b) all guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
Subject to clause 15.1
and to the maximum extent permitted by law, Instant Booking, and its affiliates, directors, officers, employees, agents, contributors and licensors do not make, and disclaim, any express or implied representation or warranty about the Website and the Services, including:
(a) any warranties of merchantability or fitness for a particular purpose;
(b) any warranties regarding the accuracy, suitability or currency of any information on the Website or regarding the Services;
(c) any warranties that the Website or Services will meet your requirements;
(d) any warranties that the Website or Service will be made available: i) in a timely manner; ii) without delay in operation or transmission; iii) uninterrupted; iv) error free; or v) defect free; and
(e) any warranties that the Website or Service will be made available securely without: i) loss of data; ii) communication line failure; iii) unauthorised access to data; or iv) any computer viruses or harmful code.
You acknowledge that the Website and Services are only intended to facilitate the interactions between the Receiver and the Provider, and Instant Booking does not offer any services other than the Services. Instant Booking holds no liability to you arising from:
(a) the conduct of other Members you interact with on the Website;
(b) any Bookings that you enter into; or
(c) misuse of Your Content (including violation and infringement of any intellectual property rights in Your Content) by any other party (including other Members).
Limitation of Liability
Instant Booking's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), equity, statute or otherwise will not exceed either: (i) the total fees paid by the Member to Instant Booking in the preceding calendar month; or (ii) the resupply of the Services.
To the maximum extent permitted by law, Instant Booking will not be liable (including in contract, tort (including negligence), equity, statute or otherwise) to you or any other person for any special, punitive, indirect or consequential loss or damage (including, but not limited to, loss of profit, opportunity, revenue, business, data, goodwill), even if Instant Booking has been advised of the possibility of those losses or damages.
You agree to indemnify Instant Booking, its affiliates, employees, agents, contributors, third-party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:
(a) any breach by you of the Terms;
(b) your use of the Website and/or Services (subject to clause 17.2); and
(c) any breach by you of applicable laws.
Clause 17.1(b) will not apply where the actions, suits, claims, demands, liabilities, costs, expenses, loss and damage is incurred, suffered or arises out of or in connection to your use of the Website and/or Services in accordance with the Terms or Instant Booking’s written guidance or direction.
Termination of Contract
If you want to terminate the Terms and cancel your registration, you may do so by providing Instant Booking with 14 days' notice of your intention to terminate.
To the maximum extent permitted by law, Instant Booking reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if:
(a) you have breached, or Instant Booking reasonably believes that you have breached, any provision of the Terms;
(b) you have breached, or Instant Booking reasonably believes that you have breached, any applicable laws;
(c) Instant Booking is required to do so by law;
(d) Instant Booking is no longer providing the Services to Members in the area in which you reside or from which you use the Services;
(e) the provision of the Services to you is, in the opinion of Instant Booking, no longer commercially viable; or
(f) Instant Booking, in its sole discretion, reasonable believe that such termination is necessary to protect the interests of Instant Booking and/or its Members.
Termination or expiration of the Terms will not affect accrued rights, indemnities, existing commitments or any contractual provision that by their nature are intended to survive termination or expiration of the Terms.
If a dispute arises out of or relates to the Terms and/or Service, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (‘Notice’).
On receipt of such Notice, the parties must within 7 days of the Notice endeavor in good faith to meet to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree. All information exchanged during this meeting or any subsequent dispute resolution process, shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by the parties and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process.
If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Registrar of the Magistrates Court of South Australia or his or her nominee. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation. The mediation will be held in Adelaide, South Australia.
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
From time to time, Instant Booking may provide access on the Website to third-party services (such as payment, authentication and verification services). To the extent Instant Booking provides access to those services, it will have no liability whatsoever in relation to the provision of those services, the use of which is between you and the relevant third-party providing them and is based on the third party’s terms of service.
Nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Instant Booking. You will have no authority to make or accept any offers or representations on Instant Booking’s behalf. These terms will not create an exclusive relationship between you and Instant Booking.
Governing Law and Jurisdiction
The laws of South Australia, Australia govern these Terms, the use of the Website, and the provision of the Services. In the event of any dispute arising out of or in relation to the Terms, the use of the Website or the provision of the Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.
These Terms and any policies or operating rules on this Website constitutes the entire agreement and understanding between you and Instant Booking and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Instant Booking (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against Instant Booking.
The failure of Instant Booking to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Instant Booking reserve the right, at its sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the changes to the Terms, you should immediately stop using the Website and Services
Instant Booking will not be liable for any delay or failure to perform any of its obligations under the Terms by reasons, events or other matters beyond its reasonable control.
Except as otherwise stated in the Terms or Website, Instant Booking will send all notices and other communications regarding the Terms, your use of the Website, and the provision of the Services, to you at your registered email address or addresses. You will be required to provide your email address when registering for the Services. You may change your email address or nominate additional email addresses for notifications by providing written notice to Instant Booking. You will be deemed to have received any email sent to the email address then associated with your account when Instant Booking sends the email, whether or not you actually receive the email. You must send all notices and other communications relating to Instant Booking to email@example.com