Terms of Service

1. Agreement to Terms

Welcome to Kids Birthday Party Venues ("we", "our", or "us"). By accessing or using our website party-venues.com.au (the "Site"), you agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, please do not use our Site. We may modify these Terms at any time. For material changes, we will provide at least 14 days' notice by updating the "Last updated" date and/or displaying a notice on the Site, unless earlier effectiveness is required by law or for security. Your continued use of the Site after changes are posted constitutes your acceptance of the modified Terms.

These Terms operate alongside our Privacy Policy, which forms part of our agreement with you.

2. Description of Service

Kids Birthday Party Venues is an online directory and information platform that provides:

• Information about children's birthday party venues in New South Wales, Australia
• Search and filtering tools to help users find suitable venues
• Contact facilitation between users and venue operators
• Venue details including pricing, capacity, age ranges, and amenities
• User reviews and ratings aggregated from public sources

We act solely as an information directory and do not directly provide, operate, or manage any party venues or services offered by the venues listed on our Site. We do not endorse or guarantee any venue or service.

3. Use of the Site

3.1 Eligibility

You must be at least 18 years old to use our Site. By using our Site, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you access or use the Site on behalf of a business, you warrant that you have authority to bind that business to these Terms.

3.2 Permitted Use

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site in any way that violates any applicable law or regulation
• Impersonate or attempt to impersonate us, our employees, another user, or any other person or entity
• Engage in any conduct that restricts or inhibits anyone's use of the Site
• Access, search, collect, copy, or use data from the Site by any means other than our publicly supported interfaces (no data mining, scraping, crawling, or similar automated methods)
• Use Site content or data to build or improve a competing directory or service
• Send automated, bulk, fraudulent, or misleading enquiries to venues
• Use any robot, spider, or other automatic device to access the Site without our express written permission
• Introduce any viruses, trojan horses, worms, or other malicious code
• Attempt to gain unauthorised access to any portion of the Site
• Collect or harvest any personally identifiable information from the Site
• Use the Site for commercial purposes without our prior written consent

3.3 Account Security

If we provide you with account credentials in the future, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

4. Venue Information

4.1 Accuracy of Information

We strive to provide accurate and up-to-date information about venues, including pricing, availability, amenities, and contact details. However, venue information is subject to change without notice, and we cannot guarantee the accuracy, completeness, or timeliness of the information displayed on our Site. Information is indicative only and may not reflect current conditions.

You are responsible for verifying all venue details directly with the venue before making any booking or commitment, including (without limitation) pricing, availability, insurance, safety, accessibility, food handling, and compliance with applicable laws.

4.2 Third-Party Information & Reviews

Some information on our Site is sourced from third parties, including the Google Places API, venue operators, and public review platforms. We may display ratings, snippets, or summaries sourced from third-party platforms (e.g. Google), which are provided under those platforms' terms and licensing and may be modified or removed at their request or ours. We do not endorse, guarantee, or assume responsibility for the accuracy of third-party information.

If you believe content is inaccurate, infringes your rights, or is defamatory, please contact info@party-venues.com.au with details (including URLs). We will review promptly and, where appropriate, remove or amend content.

5. Bookings and Transactions

We do not process bookings or payments and do not act as an agent for any venue. We do not hold customer funds or provide trust accounting. All bookings, reservations, and financial transactions are made directly between you and the venue. We are not a party to these transactions and have no control over:

• The quality, safety, or legality of the venues or services offered
• The ability of venues to provide the advertised services
• The accuracy of venue listings or descriptions
• Cancellation policies, refunds, or disputes between you and venues

Any disputes or issues arising from bookings must be resolved directly with the venue.

6. User Content and Communications

6.1 Enquiry Submissions

When you submit an enquiry through our Site, you authorise us to share your contact information and message content with the relevant venue for the purpose of responding to your enquiry. You agree that all information provided is accurate and current.

6.2 User Reviews (Future Feature)

If we implement user-generated reviews in the future, you agree that any content you submit:

• Must be truthful and based on your actual experience
• Must not contain offensive, defamatory, or inappropriate content
• Must not violate any third-party rights
• May be moderated, edited, or removed at our discretion
• Licence: You grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable licence to host, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your content in connection with operating, improving, and promoting the Site and our services, for the duration of applicable rights. To the extent permitted by law, you consent to us (and our sublicensees) doing any act or omission in relation to your content that may otherwise infringe your moral rights.

6.3 Privacy & Communications

By submitting an enquiry, you consent to us sharing your details with the relevant venue to facilitate a response. We handle personal information in accordance with our Privacy Policy. Venues must comply with applicable privacy and spam laws (including the Spam Act 2003 (Cth)) when contacting you. You may opt out of marketing communications at any time via the unsubscribe mechanism provided.

7. Intellectual Property Rights

7.1 Our Content

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by copyright, trade mark, and other intellectual property laws.

7.2 Limited Licence

We grant you a limited, non-exclusive, non-transferable licence to access and use the Site for personal, non-commercial purposes. You may not:

• Reproduce, distribute, modify, or create derivative works from our content
• Use our content for commercial purposes without written permission
• Remove or alter any copyright, trade mark, or other proprietary notices
• Frame or mirror any part of the Site without our prior written consent

7.3 Third-Party Content & Takedown

Venue names, logos, photos, and descriptions are the property of their respective owners. If you are a rights holder and believe material displayed on the Site infringes your rights, please email info@party-venues.com.au with details (including URLs and proof of ownership). We will investigate promptly and remove where appropriate.

Maps/places data is provided by Google and used under licence. © Google. Your use of Google services embedded in the Site is subject to the Google Maps/Google Places terms.

8. Disclaimers and Limitations of Liability

8.1 "As Is" Basis

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

8.2 No Warranty

We do not warrant that:

• The Site will be uninterrupted, timely, secure, or error-free
• The information provided is accurate, reliable, or correct
• Any defects or errors will be corrected
• The Site is free of viruses or other harmful components
• The venues listed meet any particular quality or safety standards

8.3 Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the Site
• Any conduct or content of any third party on the Site
• Unauthorised access, use, or alteration of your transmissions or content
• Your interactions or transactions with venues
• Any issues with venues, including cancellations, injuries, or disputes

Liability Cap. To the extent permitted by law, our aggregate liability to you arising out of or in connection with the Site is limited to the amount (if any) you paid to us for access to the Site in the 12 months prior to the event giving rise to the claim.

8.4 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, or condition, right, or remedy implied or imposed by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted, or modified.

9. Indemnification

You agree to indemnify, defend, and hold harmless Kids Birthday Party Venues, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal costs, arising out of or in any way connected with:

• Your access to or use of the Site
• Your violation of these Terms
• Your violation of any third-party rights
• Your interactions or transactions with venues

10. Links to Third-Party Websites

Our Site contains links to third-party websites, including venue websites, Google Maps, and social media platforms. These links are provided for your convenience only. We have no control over and assume no responsibility for the content, privacy policies, availability, outages, or practices of any third-party websites.

You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party website or reliance on any content, products, or services available through such websites.

11. Advertising & Affiliate Disclosure

We may display advertisements on the Site through third-party advertising services such as Google AdSense. These advertisers may use cookies and other technologies to collect information about your browsing activity. We do not control the content of advertisements or the practices of advertisers. Your interactions with advertisements are solely between you and the advertiser.

Some links on the Site may be affiliate links. If you click and purchase, we may earn a commission at no extra cost to you.

12. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Site will immediately cease.

Survival. The following survive termination: Sections 7 (Intellectual Property), 8 (Disclaimers and Limitations of Liability), 9 (Indemnification), 13 (Governing Law and Jurisdiction), 14 (Dispute Resolution), 16 (Entire Agreement), and any provisions which by their nature should survive.

12A. Security

We use reasonable technical and organisational measures to protect the Site; however, no method of transmission or storage is completely secure.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Sydney, New South Wales, Australia, and you consent to the personal jurisdiction and venue of such courts.

14. Dispute Resolution

If you have any concerns or disputes about the Site, please first contact us at info@party-venues.com.au to seek an informal resolution. If we cannot resolve a dispute, you may seek assistance from NSW Fair Trading or another appropriate regulator.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of the Site and supersede all prior agreements and understandings.

17. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18. Contact Information

If you have any questions about these Terms, please contact us: