PART 1 – GENERAL TERMS AND CONDITIONS
1. Definitions and Interpretation
For the purposes of these Terms and Conditions:
1.1 Airtendo means the online marketplace platform operated by [Insert legal business name], including its website, applications, booking systems, payment systems and associated services.
1.2 Platform means the Airtendo website, application, communication facilities, payment processing integrations and other digital services made available by Airtendo.
1.3 User means any individual or business accessing, registering with or using the Airtendo Platform.
1.4 Hirer / Customer means an individual, organisation, company or other entity using Airtendo to search for, request, compare, communicate with or book mobile bar services, bartenders or event-related services.
1.5 Provider / Tasker means an independent individual or business offering services through Airtendo.
1.6 Bartender means an individual offering bartending, beverage preparation, alcohol service or related hospitality services through Airtendo.
1.7 Mobile Bar Owner / Operator means an individual or business offering mobile bar equipment, mobile bar setups, beverage services, event packages, staff or related services.
1.8 Booking means an arrangement made between a Hirer and a Provider through the Airtendo Platform for the provision of advertised services.
1.9 Services means bartending, mobile bar hire, beverage preparation, event bar management, equipment hire and other services advertised by Providers.
1.10 Booking Payment means an amount paid by a Hirer through the Airtendo payment system in connection with a Booking.
1.11 Platform Fee means the commission, service fee or other applicable fee charged by Airtendo for facilitating the use of its marketplace.
1.12 Applicable Laws means all Commonwealth, State, Territory and local laws, regulations, licensing conditions, permits, codes and legal requirements applicable to the relevant User, event or service.
1.13 Event means a wedding, private function, corporate event, celebration, festival, gathering or other occasion for which Services are booked.
2. Acceptance of Terms
2.1 By accessing, registering for, creating an account with or using Airtendo, each User agrees to comply with these Terms and Conditions.
2.2 Users must read and understand these Terms before creating an account, publishing a listing, requesting a quote, accepting a Booking or making a payment.
2.3 Where a User registers on behalf of a company, partnership, business or other organisation, that User represents and warrants that they have the authority to accept these Terms on behalf of that entity.
2.4 These Terms apply to all Users, including Hirers, Bartenders, Mobile Bar Owners, Operators and other Providers.
2.5 Additional conditions may apply to specific services, bookings, payment arrangements or promotional activities. Such conditions form part of these Terms where properly presented and accepted.
2.6 Airtendo may update these Terms from time to time. Material changes will be communicated through the Platform or another appropriate method. Continued use following the effective date of an update constitutes acceptance to the extent permitted by law.
3. Nature of the Airtendo Marketplace
3.1 Airtendo operates an online marketplace intended to connect Hirers with independent Providers offering mobile bar, bartending and related event services.
3.2 Airtendo provides digital facilities through which Users may:
Create and manage accounts.
Publish service listings and business profiles.
Browse available Providers.
Submit event requests.
Receive and compare quotations.
Communicate with other Users.
Make and manage Bookings.
Process payments through supported payment systems.
Submit reviews and feedback.
3.3 Airtendo acts as a marketplace intermediary and does not itself undertake to provide the bartending, mobile bar, beverage supply, alcohol service or event services advertised by independent Providers.
3.4 Unless expressly agreed otherwise in a separate written agreement, Airtendo does not employ, engage, supervise or control Providers in the performance of their event services.
3.5 Providers operate independently and are responsible for determining how they deliver their services, subject to their contractual commitments to Hirers and Applicable Laws.
3.6 A Booking creates a service arrangement between the relevant Hirer and Provider. Airtendo's involvement in facilitating the Booking does not, by itself, make Airtendo the employer, principal contractor, event organiser, liquor licensee or service provider for that Booking.
3.7 Airtendo does not guarantee that a Provider will accept a request, attend an Event, complete a Booking or meet a Hirer's expectations.
3.8 Airtendo does not guarantee the accuracy, quality, suitability, availability, licensing status or legal compliance of every listing or Provider merely because that Provider has an account on the Platform.
4. Independent Provider Relationship
4.1 Each Provider operates as an independent individual, contractor or business and is not an employee, partner, joint venturer or agent of Airtendo.
4.2 Providers are solely responsible for:
Their business operations.
Their employees, contractors and subcontractors.
Their service delivery and work methods.
Their equipment, tools and materials.
Their professional qualifications and training.
Their licences, registrations and permits.
Their insurance policies.
Their tax, superannuation and other statutory obligations.
Their workplace health and safety obligations.
Their compliance with Applicable Laws.
4.3 Nothing in these Terms creates an employment relationship between Airtendo and a Provider.
4.4 Providers must not represent themselves as employees, authorised representatives or agents of Airtendo.
4.5 Providers must not make commitments, warranties or representations on behalf of Airtendo without prior written authorisation.
4.6 The independent status described in this section does not override any legal classification that may apply based on the actual working arrangements or conduct of the parties.
PART 2 – PROVIDER TERMS AND CONDITIONS
5. Provider Registration and Eligibility
5.1 Individuals and businesses wishing to advertise services through Airtendo must create a Provider account.
5.2 Providers must supply accurate, complete and current registration information, including:
Legal name or registered business name.
Contact details.
Business address, where applicable.
ABN or other relevant business identification details, where applicable.
Description of services.
Relevant professional qualifications.
Relevant licences and permits.
Insurance information.
Payment and payout information.
5.3 Providers must ensure that all information supplied to Airtendo is accurate and not misleading.
5.4 Providers must immediately notify Airtendo of any change affecting their identity, business status, qualifications, insurance, licences or legal ability to perform advertised Services.
5.5 Airtendo may request additional documents or evidence reasonably required to assess a Provider's eligibility to use the Platform.
6. Provider Responsibility for Licences, Permits and Legal Compliance
6.1 Each Provider is solely responsible for determining which licences, registrations, approvals, qualifications and permits are legally required for the Services they advertise or perform.
6.2 Providers must independently obtain, maintain and renew all licences, registrations, permits and approvals required under applicable Commonwealth, State, Territory and local laws.
6.3 Depending on the nature and location of the Services, these requirements may include:
Liquor licences and permits.
Temporary event liquor permits.
Responsible Service of Alcohol (RSA) qualifications.
Food business registrations or approvals.
Food safety qualifications and requirements.
Local council approvals.
Public event or temporary structure permits.
Occupational health and safety requirements.
Business registrations.
Relevant trade or professional qualifications.
6.4 Providers must not advertise, accept or perform any Service that they are legally prohibited from providing.
6.5 Providers must not assume that another Provider's licence, a venue's licence or a Hirer's permission automatically authorises their own activities.
6.6 Providers must independently confirm that their licences and permits cover the specific activities, premises, event type, alcohol categories and operating hours involved in each Booking.
6.7 Providers must comply with all applicable liquor licensing requirements, including restrictions relating to:
Alcohol supply and sale.
Responsible service of alcohol.
Service to minors.
Service to intoxicated persons.
Trading hours.
Licensed premises.
Alcohol transportation and storage.
Temporary event permissions.
Record-keeping and reporting obligations.
6.8 Providers must ensure that every individual involved in alcohol service holds the required qualifications and approvals applicable to their role and jurisdiction.
6.9 Providers must immediately notify Airtendo if a licence, permit, qualification or registration is suspended, cancelled, restricted, expired or otherwise becomes invalid.
6.10 Airtendo does not apply for, obtain, renew, maintain or guarantee any licence, permit, RSA qualification or regulatory approval on behalf of a Provider.
6.11 Airtendo may request copies of relevant documents as part of its onboarding, verification or compliance processes. Any such request does not transfer the Provider's legal responsibilities to Airtendo.
6.12 Providers remain solely responsible for independently confirming the accuracy and continuing validity of their regulatory approvals.
7. Provider Insurance Obligations
7.1 Each Provider must independently assess the insurance requirements applicable to their business, employees, contractors and advertised Services.
7.2 Providers must maintain appropriate and adequate insurance for the nature, scale and risks of the Services they perform.
7.3 Depending on their activities, Providers may be required to maintain:
Public liability insurance.
Product liability insurance.
Liquor liability or appropriate alcohol-related liability cover.
Professional indemnity insurance, where relevant.
Workers compensation insurance, where legally required.
Commercial motor vehicle insurance, where relevant.
Equipment and property insurance, where relevant.
7.4 Providers must ensure that their insurance policies expressly cover the actual activities they undertake, including mobile bar operations, alcohol-related services, equipment hire and event attendance where applicable.
7.5 Providers must not assume that a general public liability policy automatically covers liquor-related incidents, alcohol service or product liability.
7.6 Airtendo may require Providers to supply a current Certificate of Currency or other satisfactory evidence of insurance before publishing listings or accepting Bookings.
7.7 Providers must maintain required insurance throughout the period in which they advertise or perform Services through Airtendo.
7.8 Providers must immediately notify Airtendo of any cancellation, expiry, suspension, material reduction or other change affecting their insurance coverage.
7.9 Providers must not advertise themselves as insured or fully covered unless they hold valid insurance supporting that representation.
7.10 Any insurance information supplied to Airtendo must be accurate and must not be misleading.
7.11 Airtendo's receipt or review of insurance documentation does not constitute an endorsement, guarantee or certification of the Provider's insurance coverage.
7.12 Providers remain responsible for determining whether their policies provide sufficient protection for their own business activities and legal obligations.
8. Provider Employees, Contractors and Subcontractors
8.1 Providers are responsible for all individuals they employ, engage, appoint or subcontract to perform Services.
8.2 Providers must ensure that their personnel possess all qualifications, training, licences, permits and legal authorisations required for their assigned activities.
8.3 Providers must ensure that their personnel comply with applicable workplace health and safety requirements and responsible alcohol service obligations.
8.4 Providers are responsible for paying their employees and contractors and meeting applicable employment, tax, superannuation and workers compensation obligations.
8.5 Providers must not engage unqualified, unlicensed or unauthorised individuals to perform regulated activities.
8.6 Providers are responsible for the conduct and actions of their personnel to the extent provided by applicable law.
9. Provider Service Delivery Obligations
9.1 Providers must deliver Services in accordance with the agreed Booking details, quotation, listing description and any additional written arrangements accepted by the Hirer.
9.2 Providers must ensure that advertised Services are described accurately.
9.3 Providers must disclose all relevant information, including:
Package inclusions.
Equipment supplied.
Staffing arrangements.
Alcohol and beverage arrangements.
Setup and pack-down requirements.
Travel and delivery charges.
Additional costs.
Operating hours.
Restrictions and exclusions.
9.4 Providers must not advertise services that they cannot reasonably deliver.
9.5 Providers must attend Events at the agreed time and location and perform their contractual obligations professionally.
9.6 Providers must promptly notify Hirers of any anticipated delay, cancellation, staffing issue or inability to fulfil a Booking.
9.7 Providers must maintain appropriate standards of hygiene, equipment safety, cleanliness and professional conduct.
9.8 Providers must not serve alcohol unlawfully or permit unsafe or irresponsible alcohol consumption.
9.9 Providers must respect venue requirements, event rules and reasonable safety instructions.
9.10 Providers must not use Airtendo to advertise unlawful, misleading or prohibited services.
10. Provider Responsibility for Equipment, Products and Alcohol
10.1 Providers supplying equipment, mobile bars, glassware, beverages or other products are responsible for ensuring that such items are safe, suitable and fit for their intended use.
10.2 Providers must ensure that equipment is appropriately maintained, transported, installed and operated.
10.3 Providers must ensure that electrical equipment, temporary structures and other installations comply with applicable safety requirements.
10.4 Providers supplying alcohol or beverages must ensure that the products are lawful, appropriately sourced, stored, transported and supplied.
10.5 Providers must ensure that any alcohol-related activities are covered by the necessary licences and permits.
10.6 Providers are responsible for any loss, damage, injury or regulatory consequences arising from their own products, equipment, staff or service delivery, to the extent attributable to their acts or omissions.
PART 3 – HIRER / CUSTOMER TERMS AND CONDITIONS
11. Hirer Registration and Booking Responsibilities
11.1 Hirers must provide accurate and complete information when requesting quotations or making Bookings.
11.2 Hirers must ensure that the information supplied includes, where relevant:
Event date.
Event location.
Event duration.
Expected number of guests.
Type of event.
Venue details.
Requested services.
Beverage and alcohol requirements.
Access and setup arrangements.
Any special restrictions or requirements.
11.3 Hirers must ensure that they have authority to arrange the Event and book the requested Services.
11.4 Hirers must review quotations, package descriptions, exclusions, cancellation conditions and additional charges before confirming a Booking.
11.5 Hirers must ensure that the selected Provider is suitable for their event requirements.
11.6 Hirers must communicate relevant changes to the Provider promptly.
12. Hirer Responsibility for Venue Permission and Event Approvals
12.1 Hirers are responsible for obtaining all permissions, approvals and authorisations required for the Event under their control.
12.2 These may include:
Venue booking and access permissions.
Property owner or landlord consent.
Body corporate or building management approvals.
Event organiser approvals.
Local council approvals.
Noise and operating permissions.
Temporary event approvals.
Permission for equipment installation.
Permission for alcohol-related activities, where applicable to the Hirer's role.
12.3 Hirers must disclose relevant venue restrictions to the Provider before confirming a Booking.
12.4 Hirers must not instruct or permit a Provider to perform activities that are unlawful or contrary to applicable venue requirements.
12.5 Hirers must provide a reasonably safe and accessible working environment for Providers and their personnel.
13. Hirer Responsibility for Guests and Event Conduct
13.1 Hirers are responsible for the conduct of their guests and attendees to the extent provided by law and the arrangements applicable to the Event.
13.2 Hirers must take reasonable steps to ensure that guests comply with applicable venue rules, event restrictions and lawful directions.
13.3 Hirers must not encourage or pressure Providers to serve alcohol unlawfully or contrary to responsible service obligations.
13.4 Hirers must not request that Providers serve alcohol to minors or intoxicated persons.
13.5 Hirers must provide accurate information concerning expected attendance, event conditions and any known risks relevant to service delivery.
13.6 Hirers must promptly notify Providers of any incident, hazard or change that may affect the safety of the Event.
13.7 Hirers must not interfere with a Provider's lawful decision to refuse, restrict or discontinue alcohol service.
13.8 Hirers must not demand that a Provider breach licensing requirements, RSA obligations or any other Applicable Law.
14. Hirer Payment Obligations
14.1 Hirers must pay all applicable Booking Payments and other disclosed charges through the payment methods supported by Airtendo.
14.2 Hirers authorise Airtendo and its nominated payment service providers to process payments in accordance with the Booking and applicable payment arrangements.
14.3 Hirers acknowledge that Airtendo may deduct its disclosed Platform Fee or applicable commission before transferring the remaining amount to the relevant Provider.
14.4 Hirers must ensure that their payment information is accurate and that they are authorised to use the selected payment method.
14.5 Hirers must not initiate fraudulent chargebacks, false payment disputes or unauthorised reversals.
14.6 Nothing in this section removes any legitimate payment dispute, refund or chargeback right available under applicable law or the relevant payment scheme.
PART 4 – LIABILITY, INDEMNITY AND ALLOCATION OF RESPONSIBILITY
15. Independent Responsibility of Users
15.1 Each User acknowledges that they are responsible for their own conduct, decisions, activities, representations and legal obligations when using Airtendo.
15.2 Providers are responsible for the Services they advertise, quote, accept and perform.
15.3 Hirers are responsible for their event arrangements, booking decisions, venue permissions and obligations under their agreements with Providers.
15.4 Each User must independently assess the suitability, legality and risks of their activities.
15.5 No User may assume that Airtendo has independently guaranteed another User's qualifications, insurance, licences, financial position, service quality or legal compliance.
15.6 Each User must take reasonable steps to protect themselves, their employees, contractors, guests, property and other affected persons.
16. Provider Indemnity
16.1 Each Provider agrees to indemnify Airtendo, its directors, officers, employees and authorised representatives against reasonable losses, liabilities, damages, costs and expenses, including reasonable legal costs, arising from or in connection with:
a. The Provider's breach of these Terms.
b. The Provider's failure to obtain, maintain or comply with applicable licences, permits, registrations or qualifications.
c. The Provider's failure to maintain insurance required by law or these Terms.
d. Negligent, unlawful, fraudulent or wilfully wrongful acts or omissions of the Provider.
e. Injury, illness, death or property damage caused or contributed to by the Provider or its personnel.
f. Unlawful alcohol supply, sale, possession, transportation or service by the Provider.
g. Breaches of responsible service of alcohol requirements.
h. Employment, contractor, subcontractor, taxation, superannuation or workplace safety claims arising from the Provider's business operations.
i. Infringement of intellectual property, privacy or other legal rights by the Provider.
j. False, misleading or inaccurate information supplied by the Provider.
k. Claims arising from the Provider's products, equipment, services or personnel, to the extent attributable to the Provider's acts or omissions.
16.2 The indemnity applies only to the extent that the relevant loss, liability, damage, cost or expense is caused by or attributable to the Provider's acts, omissions, breach or legal responsibility.
16.3 The Provider is not required to indemnify Airtendo for the portion of any loss caused by Airtendo's own negligence, unlawful conduct or breach of these Terms.
16.4 Airtendo must take reasonable steps to notify the Provider of an indemnified claim and must not unreasonably prevent the Provider from participating in the defence of that claim.
16.5 The Provider must not settle a claim in a manner that imposes an admission of liability or ongoing obligation on Airtendo without Airtendo's prior written consent.
16.6 This indemnity survives the suspension or termination of the Provider's account to the extent that it relates to events occurring before termination.
17. Hirer Indemnity
17.1 Each Hirer agrees to indemnify Airtendo and its directors, officers, employees and authorised representatives against reasonable losses, liabilities, damages, costs and expenses arising from or in connection with:
a. The Hirer's breach of these Terms.
b. False or misleading event information supplied by the Hirer.
c. The Hirer's failure to obtain venue permissions or approvals within their responsibility.
d. The Hirer's unlawful conduct or instructions to Providers.
e. Damage to Provider equipment or property caused by the Hirer or their guests.
f. Personal injury or property damage caused by the Hirer's negligent or wrongful conduct or that of their guests, to the extent legally attributable to the Hirer.
g. Fraudulent payments or deliberate misuse of the Platform.
17.2 The Hirer indemnity applies only to the extent that the relevant loss is caused by or attributable to the Hirer's acts, omissions or breach.
17.3 The Hirer is not responsible for a Provider's independent failure to obtain a licence, maintain insurance or comply with its own legal obligations.
17.4 The Hirer is not required to indemnify Airtendo for loss caused by Airtendo's own negligence, unlawful conduct or breach of these Terms.
18. Airtendo's Role and Limitation of Responsibility
18.1 Airtendo provides an online marketplace and related digital facilities to enable Hirers and Providers to connect and arrange Services.
18.2 Airtendo is not the operator of a mobile bar, liquor retailer, alcohol supplier, bartender, event manager or venue merely because a Booking is arranged through its Platform.
18.3 Airtendo does not directly supervise the performance of Services by independent Providers.
18.4 Airtendo does not warrant or guarantee that:
A Provider will attend or complete a Booking.
A Provider holds every licence or permit required for a particular Event.
A Provider maintains adequate insurance.
A Provider's equipment is suitable for a particular Event.
A Provider will meet a Hirer's expectations.
A Hirer's event arrangements will be lawful or suitable.
Any particular outcome will result from a Booking.
18.5 Users acknowledge that the performance of Services depends on the independent actions and obligations of the relevant Hirer and Provider.
18.6 To the maximum extent permitted by law, Airtendo excludes liability for loss, damage, expense, injury, delay, cancellation or other consequences arising from:
a. The acts or omissions of independent Providers or Hirers.
b. A Provider's failure to attend, complete or properly perform a Booking.
c. A Provider's failure to obtain or maintain licences, permits, qualifications or insurance.
d. A Provider's unlawful supply or service of alcohol.
e. The conduct of a Hirer, guest, attendee or other third party.
f. Damage to equipment, personal property or event premises caused by a User or third party.
g. Disputes between Hirers and Providers.
h. Incorrect information supplied by a User.
i. Events outside Airtendo's reasonable control.
j. Temporary Platform interruptions, technical failures or third-party service disruptions, subject to any mandatory legal obligations.
18.7 To the maximum extent permitted by law, Airtendo is not responsible for indirect or consequential losses, including loss of profit, loss of anticipated business, loss of opportunity or reputational loss arising from a User's independent service arrangement.
18.8 Where Airtendo is legally responsible for a loss, its liability will be assessed in accordance with applicable law and any valid limitation of liability permitted under that law.
18.9 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right, remedy or liability that cannot legally be excluded, restricted or modified.
18.10 Where a limitation of liability is legally permitted, it will apply only to the extent that it is reasonable and enforceable in the circumstances.
18.11 Airtendo does not assume responsibility for the acts, omissions, representations or contractual obligations of independent Users merely because the relevant transaction was facilitated through the Platform.
19. No General Guarantee of User Verification
19.1 Airtendo may request identification, business information, licence documents, insurance certificates or other supporting information from Users.
19.2 Airtendo may undertake administrative checks or verification procedures at its discretion.
19.3 Such checks are intended to support the operation and integrity of the marketplace.
19.4 Verification does not constitute a guarantee that a User:
Is appropriately qualified for every advertised activity.
Holds all approvals required for every Event.
Maintains valid insurance for every possible claim.
Will perform Services competently.
Will comply with all applicable laws.
Is financially solvent or otherwise suitable for a particular transaction.
19.5 Users must independently conduct any additional checks they consider necessary before entering into an arrangement with another User.
19.6 Airtendo may suspend a listing or account where documentation is missing, expired, inaccurate or reasonably suspected to be invalid.
20. Third-Party Claims and Disputes
20.1 Hirers and Providers are responsible for resolving disputes relating to their respective service arrangements, including:
Service quality.
Attendance and punctuality.
Equipment and setup.
Service delivery.
Additional charges.
Event cancellations.
Property damage.
Contractual performance.
20.2 Airtendo may provide administrative assistance or communication facilities to help Users resolve disputes.
20.3 Airtendo is not required to act as an arbitrator, mediator or legal representative of either party.
20.4 Airtendo may review relevant transaction information and take reasonable administrative action where necessary to protect the Platform or its Users.
20.5 Users must cooperate reasonably with any legitimate investigation into suspected fraud, misconduct, payment irregularities or breaches of these Terms.
PART 5 – BOOKINGS, PAYMENTS AND CANCELLATIONS
21. Booking Confirmation
21.1 A Booking is subject to acceptance by the relevant Provider.
21.2 Hirers must review the Provider's quotation and applicable terms before confirming a Booking.
21.3 A Provider must not materially change the agreed service, price or package without obtaining the Hirer's agreement.
21.4 Once a Booking is confirmed, the Hirer and Provider must comply with the agreed booking arrangements, subject to applicable cancellation rights and laws.
21.5 Airtendo may provide booking confirmations, payment receipts and transaction notifications through the Platform.
22. Payment Processing and Platform Commission
22.1 Airtendo may collect Booking Payments through third-party payment service providers integrated with the Platform.
22.2 Hirers authorise the applicable payment provider to process payments in accordance with the transaction details and payment terms presented at checkout.
22.3 Airtendo may deduct the disclosed Platform Fee or commission from applicable Booking Payments. The Airtendo commission is 10% of the agreed amount, taken when the booking is completed, and it covers payment processing.
22.4 The remaining Provider amount will be processed for payout in accordance with the relevant payment arrangement.
22.5 Providers must maintain accurate payout details and complete any identity or business verification required by the payment provider.
22.6 Providers acknowledge that payout timing may depend on payment provider requirements, settlement periods, verification procedures, reserves, refunds, chargebacks and applicable financial regulations.
22.7 Airtendo does not guarantee that a payment provider will approve every transaction or payout.
22.8 Any applicable taxes, GST, withholding obligations and business reporting requirements remain the responsibility of the party legally responsible for them.
22.9 Airtendo may withhold, delay or reverse a payout where reasonably required to address suspected fraud, a genuine payment dispute, a refund, a chargeback or a legal obligation, subject to applicable law and the payment provider's terms.
23. Cancellations and Refunds
23.1 Hirers and Providers must comply with the cancellation terms disclosed and agreed at the time of Booking.
23.2 Providers must clearly disclose any cancellation charges, deposits, non-refundable components or rescheduling conditions before a Hirer confirms a Booking.
23.3 A Provider who cancels a confirmed Booking must promptly notify the Hirer and provide relevant information concerning the cancellation.
23.4 Hirers must communicate cancellation requests through the available Platform facilities where possible.
23.5 Refunds will be assessed according to the agreed Booking conditions, applicable payment arrangements and mandatory consumer rights.
23.6 Airtendo may assist with payment administration but does not automatically guarantee reimbursement for every dispute between a Hirer and Provider.
23.7 Nothing in this section limits a Hirer's rights under the Australian Consumer Law or other applicable legislation.
23.8 If an event or Booking is cancelled, Airtendo will deduct its 10% commission from the agreed amount or any payment held for that Booking, and the Hirer and Provider agree that this deduction is not disputed. This clause does not limit any rights a Hirer has under the Australian Consumer Law or other applicable legislation.
24. Chargebacks and Payment Disputes
24.1 Users must provide accurate information when raising a payment dispute.
24.2 Users must not knowingly make false or fraudulent chargeback claims.
24.3 Airtendo may request supporting evidence from the Hirer or Provider in connection with a payment dispute.
24.4 Users acknowledge that chargebacks and payment reversals may be subject to the rules of the relevant financial institution or payment provider.
24.5 Airtendo may suspend affected transactions or payouts while a genuine dispute is investigated, where permitted by law.
PART 6 – SAFETY, ALCOHOL AND REGULATORY COMPLIANCE
25. Responsible Alcohol Service
25.1 Providers involved in alcohol-related activities must comply with all applicable liquor licensing and responsible service of alcohol requirements.
25.2 Providers must refuse alcohol service where required by law, including where a person is underage or intoxicated.
25.3 Providers must not encourage excessive or irresponsible alcohol consumption.
25.4 Providers must ensure that alcohol is stored, transported, handled and served in accordance with applicable laws and licence conditions.
25.5 Hirers must not instruct or pressure Providers to breach alcohol service requirements.
25.6 Hirers acknowledge that Providers may refuse or discontinue alcohol service where required by law or reasonably necessary for safety.
25.7 The specific licensing and permit requirements may differ between Australian States and Territories. Each Provider must independently verify the requirements applicable to the location and circumstances of the Event.
26. Event Safety and Workplace Health and Safety
26.1 Each User must comply with workplace health and safety laws applicable to their activities.
26.2 Providers must take reasonable steps to ensure that their work areas, equipment and operations are safe.
26.3 Hirers must disclose known hazards or restrictions at the Event location.
26.4 Providers must take reasonable steps to protect their personnel, guests and other affected persons.
26.5 Users must immediately address or report any serious safety hazard, incident or emergency.
26.6 No User may knowingly perform an activity that creates an unreasonable risk to another person.
PART 7 – PLATFORM USE AND USER CONDUCT
27. Acceptable Use
27.1 Users must use Airtendo lawfully and honestly.
27.2 Users must not:
Create fraudulent or misleading accounts.
Publish false business information.
Advertise unlicensed or unlawful services.
Upload fraudulent licences or insurance documents.
Circumvent payment arrangements without authorisation.
Misuse another User's personal information.
Harass, threaten or intimidate another User.
Interfere with the security or operation of the Platform.
Attempt to access another User's account without permission.
Use the Platform for unlawful or fraudulent transactions.
27.3 Airtendo may investigate suspected breaches and take proportionate action.
28. Listings and Advertising
28.1 Providers are responsible for the accuracy of their listings.
28.2 Listings must clearly describe the Services offered, pricing, inclusions, exclusions and applicable conditions.
28.3 Providers must not make misleading claims concerning qualifications, licensing, insurance, availability or experience.
28.4 Providers must have the necessary rights and permissions to publish images, descriptions, logos and other advertising material.
28.5 Airtendo may remove, amend or restrict listings that breach these Terms or applicable law.
29. Reviews and Feedback
29.1 Users may submit genuine reviews based on their actual experiences.
29.2 Reviews must not contain threats, harassment, discriminatory content, false statements or confidential personal information.
29.3 Users must not offer or accept incentives in exchange for dishonest reviews.
29.4 Airtendo may moderate or remove reviews that breach these Terms or applicable law.
29.5 Airtendo does not guarantee the accuracy of every review submitted by Users.
PART 8 – PRIVACY, INTELLECTUAL PROPERTY AND PLATFORM RIGHTS
30. Privacy and Personal Information
30.1 Users must provide accurate information when creating an account.
30.2 Airtendo may collect, use, store and disclose personal information in accordance with its Privacy Policy and applicable privacy laws.
30.3 Users must not misuse, disclose or distribute another User's personal information without lawful authority.
30.4 Providers must use Hirer information only for legitimate purposes connected with the relevant Booking or other authorised activities.
30.5 Users must take reasonable steps to protect their account credentials and personal information.
30.6 Any suspected unauthorised access, data breach or misuse of personal information must be reported to Airtendo promptly.
31. Intellectual Property
31.1 Airtendo retains ownership of its Platform, branding, logos, website design, software, content and other intellectual property, except where otherwise agreed in writing.
31.2 Users retain ownership of content they independently create and lawfully upload.
31.3 By uploading content to Airtendo, Users grant Airtendo a non-exclusive, royalty-free licence to host, reproduce, display and use that content as reasonably necessary to operate, promote and provide the Platform.
31.4 Users warrant that they have the necessary rights and permissions to upload and authorise the use of their content.
31.5 Users must not copy, reproduce, distribute or commercially exploit Airtendo's intellectual property without prior written permission.
PART 9 – SUSPENSION, TERMINATION AND GENERAL CONDITIONS
32. Suspension and Termination
32.1 Airtendo may suspend, restrict or terminate a User's access where reasonably necessary because of:
A breach of these Terms.
Suspected fraudulent activity.
False or misleading documentation.
Expired or invalid regulatory approvals.
Suspected unlawful conduct.
Serious safety concerns.
Repeated complaints supported by relevant evidence.
A legal or regulatory requirement.
32.2 Where reasonably practicable, Airtendo will provide notice and an opportunity to address the relevant issue before taking action, except where immediate action is necessary.
32.3 A User may close their account by following the available account closure procedure.
32.4 Termination does not remove payment obligations, outstanding liabilities, valid indemnities or rights arising before termination.
32.5 Any outstanding Booking arrangements must be addressed in accordance with applicable law and the relevant contractual conditions.
33. Force Majeure
33.1 Neither Airtendo nor a User will be responsible for a failure to perform an obligation to the extent that performance is prevented by circumstances beyond their reasonable control.
33.2 Such circumstances may include natural disasters, severe weather, government restrictions, public emergencies, civil disturbances, widespread telecommunications failures or other events beyond reasonable control.
33.3 The affected party must take reasonable steps to notify the other affected party and minimise the impact.
33.4 This section does not remove any mandatory refund or consumer rights under applicable law.
34. Severability
34.1 If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be severed or read down to the minimum extent necessary.
34.2 The remaining provisions will continue to operate to the extent permitted by law.
35. No Waiver
35.1 A failure or delay by Airtendo to enforce a provision does not constitute a waiver of its rights.
35.2 Any waiver must be expressly communicated in writing.
36. Governing Law and Jurisdiction
36.1 These Terms are governed by the laws of Victoria, Australia, subject to applicable Commonwealth legislation and any mandatory laws of another Australian State or Territory.
36.2 Users submit to the jurisdiction of the courts and tribunals of Victoria, subject to any mandatory legal rights to bring proceedings elsewhere.
36.3 Nothing in this section limits any rights available to consumers under applicable Australian law.
37. Entire Agreement
37.1 These Terms, together with the applicable Privacy Policy, Provider conditions, Booking conditions and other expressly incorporated policies, constitute the agreement governing use of the Airtendo Platform.
37.2 If a specific Booking condition conflicts with these general Terms, the specific Booking condition will prevail only to the extent that the parties have expressly agreed to it and it is legally enforceable.
37.3 Nothing in this section excludes mandatory legal rights or obligations.
38. Contact and Notices
38.1 All general enquiries, complaints and notices concerning these Terms may be directed to:
Airtendo
Legal entity: [Insert legal business name]
ABN: [Insert ABN]
Email: [Insert support email]
Website: [Insert website URL]
Registered business address: [Insert business address]
38.2 Airtendo may provide notices electronically through the Platform or by email.
38.3 Users are responsible for maintaining accurate contact details.
PART 10 – MANDATORY USER ACKNOWLEDGEMENTS AND ACCEPTANCE
39. Provider Declaration – Bartenders
By registering as a Bartender on Airtendo, I confirm and agree that:
I operate independently and am not an employee of Airtendo.
I am responsible for obtaining and maintaining all licences, permits, qualifications and RSA credentials legally required for my activities.
I will not perform any alcohol-related activity unless legally authorised to do so.
I am responsible for maintaining appropriate insurance for my services.
I am responsible for my own conduct, equipment, work methods and service delivery.
I will comply with responsible service of alcohol requirements.
I will ensure that I do not serve alcohol unlawfully to minors or intoxicated persons.
I am responsible for any employees, assistants or contractors I engage.
I will provide accurate information and supporting documentation when requested.
I accept the Provider indemnity and responsibility provisions contained in these Terms.
40. Provider Declaration – Mobile Bar Owners and Operators
By registering as a Mobile Bar Owner or Operator on Airtendo, I confirm and agree that:
I operate an independent business and am not an employee or representative of Airtendo.
I am solely responsible for obtaining and maintaining all business registrations, liquor licences, permits and regulatory approvals applicable to my services.
I will independently confirm the licensing requirements applicable to each event location and service arrangement.
I will ensure that all bartenders and personnel engaged by my business possess the necessary qualifications and approvals.
I am responsible for maintaining appropriate public liability, product liability and other relevant insurance.
I will ensure that my insurance appropriately covers mobile bar operations and alcohol-related activities where applicable.
I am responsible for my equipment, products, stock, transportation, installation and service delivery.
I am responsible for complying with food safety, workplace safety and alcohol-related legal requirements applicable to my activities.
I will not advertise or accept services that I am not legally authorised or adequately equipped to provide.
I accept the Provider indemnity and responsibility provisions contained in these Terms.
41. Hirer / Customer Declaration
By registering as a Hirer or confirming a Booking on Airtendo, I confirm and agree that:
I am responsible for providing accurate information about my Event.
I am responsible for obtaining the venue permissions and approvals required for arrangements under my control.
I will review the Provider's services, quotation, package details and conditions before confirming a Booking.
I understand that Providers operate independently and are responsible for their own services, staff, licences and insurance.
I will not request or encourage a Provider to undertake unlawful activities.
I will provide relevant information about event restrictions, access arrangements and known hazards.
I will comply with applicable payment and cancellation conditions.
I understand that Airtendo facilitates the connection and booking process and does not automatically guarantee the performance of independent Providers.
I accept the Hirer responsibility and indemnity provisions contained in these Terms.
42. General User Acceptance
By selecting the acceptance checkbox and continuing to use Airtendo, I acknowledge that:
I have read and understood these Terms and Conditions.
I agree to comply with the provisions applicable to my User role.
I understand that I am responsible for my own conduct, activities and legal obligations.
I understand that independent Providers are responsible for their own licences, insurance, qualifications, personnel and services.
I understand that Hirers are responsible for their own event arrangements and obligations.
I acknowledge Airtendo's role as an online marketplace intermediary.
I understand that certain statutory rights and consumer protections cannot be excluded by contract.
Acceptance: By clicking "I Agree", "Create Account", "Register as a Provider" or another clearly identified acceptance control, I electronically acknowledge and accept these Terms and Conditions, subject to applicable law.
END OF MARKETPLACE TERMS AND CONDITIONS