Terms of use

ZEST PLATFORM AGREEMENT

Zest provides an online marketplace where artists, venues and other service providers can advertise their event services and venues for hire so that people can easily find and book them.

1. ABOUT THESE TERMS

1.1 In these Terms, “Zest”, “we”, “us” or “our” means JCJW Pty Ltd ACN 662 005 334 trading as Zest and includes its subsidiaries, and their respective directors, employees and agents. “You” or “your” means the User who accepts these Terms. Additional definitions are set out in clause 20.1.

1.2 You should read these Terms carefully. They apply to your use of the Zest Platform.

1.3 By using or accessing the Zest Platform, you indicate your acceptance of these Terms. By accepting these Terms, you agree to the obligations imposed on you under these Terms and, in exchange, we agree to provide you with access to the Zest Platform. If you do not agree to these Terms, you should immediately cease accessing and using the Zest Platform.

1.4 We reserve all rights to alter these Terms at our discretion. Each time you use the Zest Platform, it is your responsibility to be aware of our current terms. Your continued use of the Zest Platform following the posting of changes to these Terms will be deemed your acceptance of those changes.

1.5 These Terms, as amended by us from time to time, continue to apply for the duration of your use of the Zest Platform and Services or until terminated in accordance with clause 10.1.

2. OVERVIEW OF SERVICES

2.1 We provide the Zest Platform to enable:(a) Event Service Providers to promote their Event Services and Venue Hire; and(b) Event Hosts to find and book the Event Services and Venue Hire with Event Service Providers.

2.2 All Event Services and Venue Hire advertised on the Zest Platform are provided by the relevant Event Service Provider. Zest does not supply or sell goods and/or services on, or via, the Zest Platform.

2.3 To use the Services, a User must register for an account in accordance with clause 4.

2.4 Registered Users will be able to:(a) use the Zest Platform as an Event Host or Event Service Provider in accordance with these Terms;(b) access third party promotional benefits via the Zest Platform; and(c) access any other Services we make available to Users from time to time.

2.5 If you register for an Event Host account in accordance with clause 4 and your registration is accepted by us, you will have access to the Services and will be able to:(a) search and find Event Service Provider profiles on the Zest Platform;(b) send Booking requests to Event Service Providers who you would like to engage to provide event services;(c) create and publish requests for tenders for Event Services or Venue Hire (Event Tender), which may be responded to by any Event Service Provider that meets the requirements;(d) receive notifications when:(i) each Event Service Provider to whom a Booking request was sent either accepts or rejects the Booking;(ii) an Event Service Provider responds to an Event Tender,(e) accept a response to an Event Tender received from an Event Service Provider, which subsequently creates an accepted Booking;(f) pay for your accepted Bookings via credit card or any other payment method offered by the Zest Platform;(g) manage Bookings via the Zest Platform;(h) access your purchase history and receipts;(i) contact our support directly; and(j) contact Event Service Providers via the chat function to make inquiries and requests.

2.6 Event Hosts are responsible for providing accurate information to Event Hosts when they send a Booking request or publishing an Event Tender. This must include a clear date on which the Event Services or Venue Hire is to be provided (Booking Date).

2.7 Event Hosts may rate and review an Event Service Provider once a Booking is completed and will:(a) have the option to provide a rating regarding the Event Services and/or Venue Hire after they engage with an Event Service Provider for the use of any Event Services and/or Venue Hire;(b) be able to rate an Event Service Provider’s Event Services and/or Venue Hire (based on a rating system of one (1) to five (5)), as well as give feedback regarding the Event Services and/or Venue Hire provided by the Event Service Provider; and(c) provide additional payment in the form of a tip to the Event Service Provider. Ratings and reviews provided by Event Hosts must be honest, non-biased and at all times comply with these Terms.

2.8 Event Hosts may transition to become an Event Service Provider, and vice versa, however will not be permitted to request or accept Event Services or Venue Hire from the same account on the Zest Platform.

2.9 If you register for an Event Service Provider account in accordance with clause 4 and your registration is accepted by us, you will have access to the Services and will be able to:(a) create a profile to be displayed on the Zest Platform which includes, but is not limited to: (i) a profile summary;(ii) a display of images, videos and links to other online material which promotes the Event Services and/or Venue Hire;(iii) a description of the services that you are able to offer to Event Hosts;(iv) a calendar which shows your availability to offer Event Services and/or Venue Hire; and(v) the relevant distance in which you are willing to travel to provide Event Services (as applicable).(b) receive Booking requests from Event Hosts who are interested in engaging you to provide event services and the ability to accept or reject such requests;(c) respond to Event Tenders to express your suitability and availability in providing the Event Services or Venue Hire detailed within;(d) access performance data in relation to your profile which was created, or has come into existence, as a result of your use of the Zest Platform, such as:(i) ratings and reviews from Event Hosts regarding their experience with your Event Services and/or Venue Hire; and(ii) details of all the payments made through the Zest Platform in relation to Bookings, (e) contact our support services directly; and(f) contact Event Hosts directly in order to make further inquiries or updates.

2.10 Event Service Providers are not permitted to share contact details on their profile or to engage in any other behaviour to solicit Event Hosts requesting Bookings privately and without using the Zest Platform. If you are found to breach this clause, we will immediately terminate your access to the Zest Platform and/or the Services.

2.11 For the avoidance of doubt, all purchases and/or payments made pursuant to any agreement which utilises the Services is between the Event Service Provider and the Event Host to the exclusion of us.

3. USING THE SERVICES

3.1 You must ensure that your access to, and use of, the Services is not illegal or otherwise prohibited by laws that apply in your jurisdiction.

3.2 Any information on the Zest Platform or otherwise provided to Users is supplied in good faith but we do not guarantee its accuracy or completeness. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information.

3.3 Event Hosts are responsible for verifying the identity and authenticity of an Event Service Provider and its goods and/or services when you engage them for the provision of goods and/or services. Despite our use of reasonable endeavours to verify the identity of Event Service Providers on the Zest Platform, Event Hosts acknowledge that, to the extent permitted by law, we do not warrant the reliability, legitimacy, repute, or credibility of any Event Service Provider, nor the capacity, ability or willingness of the Event Service Provider to deliver or transact with you.

3.4 Event Service Providers are responsible for:(a) Determining the Booking Fees they will charge Event Hosts for providing Event Services and/or Venue Hire, and negotiating these with the Event Service Provider (if negotiable); (b) Responding to Booking requests from Event Hosts;(c) Communicating with the Event Host in a timely and respectful manner; and (d) Providing the agreed goods or services to the Event Host.

3.5 You agree that you have sole responsibility for any activity that occurs on your account. You must keep your account details and password secure, as you are responsible for any activity on your account (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your password or account.

3.6 The Services may contain links to other websites. Those links are provided for convenience only and may not be current. Any hyperlinks or banners advertising other websites on the Zest Platform, or external websites that advertise the Zest Platform, are not subject to our control or privacy standards, policies and procedures. We will not be responsible for the content or privacy practices associated with such linked websites and we recommend that you make your own enquiries as to the privacy and other policies of those third parties.

3.7 You must take precautions to ensure that when accessing the Services, you do not expose your telecommunications or computer systems to viruses, malware or other forms of interference that may damage your telecommunications or computer systems. We are not responsible for any such damage to your telecommunications or computer systems which may arise in connection with your access to the Zest Platform and use of the Services.

3.8 While using the Zest Platform, and any associated Services, you must not:(a) misuse any part of the Zest Platform by introducing viruses, trojans or other material that is malicious or technologically harmful;(b) attempt to gain unauthorised access to any part of the Zest Platform, the server on which the Zest Platform is stored or any server, computer or database connected to the Zest Platform;(c) engage in any activity that interferes with or disrupts the Services or the servers and networks that host the Services;(d) attempt to circumvent, disable or otherwise interfere with any security-related features of the Services or any features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content of the Zest Platform;(e) engage in any abusive or derogatory behaviour; or(f) advocate, support or practice discrimination based on race, religion, age, national origin, language, gender, sexual orientation or mental or physical handicap.

3.9 We may contact you by email or provide you with information by posting notices on the Zest Platform. It is your responsibility to ensure that you have correct contact details registered with us, that you give us written notice of any changes to your contact details, and that you check your nominated email address regularly for any correspondence.

3.10 We may, at our absolute discretion, terminate, suspend or delete your account or restrict your access to the Services (or any part of the Services) for any reason without notice. If we do this, you may be prevented from accessing your account details or other content contained in your account. We will not be liable to you or any third party for doing so.

3.11 Reasons that may cause us to take action against your account under clause 3.10 include, but are not limited to:(a) for security, technical, maintenance, legal or regulatory reasons;(b) if, after at least ten (10) Bookings are completed, the average rating on your account falls below three (3), for any reason; or(c) due to any breach of these Terms.

3.12 If you fail to comply with these Terms, we may, in our absolute discretion and without liability: (a) immediately, temporarily or permanently withdraw your right to access and use theServices and the Zest Platform (including deletion of your account);(b) take any other legal action against you; or(c) refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.

4. REGISTRATION

4.1 To access certain parts of the Services, you must register with us by providing us with Registration Data as requested. You may not use one email address to register for multiple accounts.

4.2 We reserve the right to decline your registration request if you do not pass our verification process.

4.3 If you are under the age of eighteen (18) years (a “Minor”), we may ask you to confirm that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf. Even if we do this, by submitting Registration Data to us, you acknowledge that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf.

4.4 If you are a parent or guardian who has permitted a Minor to create an account, you agree to:(a) exercise supervision over the Minor’s use of our Services and their personal account with us;(b) assume all risks associated with the Minor’s use of our Services and their account, including the transmission of content or information to and from third parties via the internet;(c) assume any and all liabilities resulting from the Minor’s use of our Services and their account;(d) ensure the accuracy and truthfulness of all information submitted to us and the Platform by the Minor; and(e) provide the necessary consents contained in these Terms on behalf of the Minor.

4.5 We reserve the right to take legal action and seek compensation from a parent or guardian of a Minor for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into on, or via, the Platform by that Minor.

4.6 Subject to clause 4.4, if you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and/or as required by us.

4.7 If you provide us with Registration Data, you consent to the following:(a) we may provide your Registration Data to Event Service Providers for the purposes of providing you with the Services;(b) you may receive emails from us regarding details of your registration, orders and/or purchases made through your account, and/or information relating to your access and use of the Services and your account; and(c) from time to time, we may email you regarding our Services or third-party products and services which we believe may be of interest to you, such as new products, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We may combine that information with otherinformation which we have about you and may use that information to improve your site experience and/or provide customised email communications to you.

4.8 You acknowledge that we may use your Registration Data and any other personal information provided to us in accordance with our Privacy Policy.

5. BOOKINGS

5.1 If an Event Host wishes to book Event Services or Venue Hire via the Zest Platform, they can request a Booking with the Event Service Provider.

5.2 Event Hosts are responsible for checking the suitability of Event Services and Venue Hire offered by Event Service Providers.

5.3 The Event Host bears sole responsibility for verifying any terms and conditions imposed by the Event Service Provider in relation to the sale of Event Services or Venue Hire.

5.4 The Event Service Provider can accept or reject a Booking in their sole discretion.

5.5 When a Booking is accepted, the Event Host must pay the Booking Fee and the Event Service Provider will be notified when the Booking Fee has been paid.

5.6 Upon successful payment of the Booking Fee, the Event Service Provider and the Event Host enter into an independent contract under which the Event Service Provider agrees to provide the Event Host with the Event Services and/or Venue Hire (as applicable) in exchange for the payment of the Booking Fee.

5.7 Once a Booking has been accepted and the Booking Fee is paid, an Event Host may communicate with Event Service Providers via the chat function to request further information in relation to the Event Services or Venue Hire.

5.8 The Event Service Provider must provide the Event Services or Venue Hire on the Booking Date. If the Event Host and the Event Service Provider agree to change the Booking Date, they must update this on the Zest Platform.

5.9 Within twenty-four (24) hours of the Booking Date, the Booking Fee will be released to the Event Service Provider.

5.10 If the Event Host does not agree to the release of the Booking Fee in accordance with clause 5.9, the Event Host must dispute the completion of the Booking through the Zest Platform within twenty-four (24) hours of the Booking Date.

5.11 If the Event Host disputes the completion of a Booking in accordance with clause 5.10, our support team will contact both the Event Host and the Event Service Provider to try to request information about the dispute.

5.12 We will review all information provided to us by the Event Host and the Event Service Provider and make a determination as to the Booking’s completion.

5.13 We reserve the right to determine under clause 5.12 that the Booking is complete, partially complete or incomplete and we may take action to release the Booking Fee to the Event Service Provider and/or the Event Host in part or in full.

5.14 If the Event Service Provider cancels a booking after it has been accepted and before it is completed, the Event Host will receive a voucher to be used for Event Services or Venue Hire on the Zest Platform, or can contact us directly if it chooses to receive a refund.

6. PAYMENT

6.1 Event Hosts must pay the Booking Fee for Event Services and/or Venue Hire when a Booking request is accepted by the Event Service Provider.

6.2 Booking Fee payments may be made using credit card via Stripe or any other payment method we make available from time to time.

6.3 Payments made via Stripe are subject to the terms and conditions published on the Stripe website (collectively, the “Stripe Services Agreement”). By placing an order and using Stripe to process payments you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time.

6.4 We accept no responsibility for transactions that occur outside the Zest Platform.

7. CANCELLATION POLICY

7.1 For an event booking cancelled by the Event Host:(a) for certain reasons, a confirmed booking can be cancelled by either the Event Host or the Event Service Provider;(b) it is required that you provide a reason why you must cancel this event booking. The purpose is to give meaningful information to the other party to avoid a bad experience and prevent abuse of the platform;(c) cancelling more than four (4) weeks before the date of the event will result in a full refund, after service fees;(d) canceling an event from one (1) to four (4) weeks before an event will result in a partial refund of 50%, after service fees. A partial refund is applied due to the inconvenience caused to our partners; and(e) cancelling an event within one (1) week of commencement will result in full payment being made to the Event Service Provider, after service fees.

7.2 For an event booking cancelled by the Event Service Provider:(a) for certain reasons, a confirmed booking can be cancelled by either the Event Host or the Event Service Provider;(b) it is required that you provide a reason why you must cancel this event booking. The purpose is to give meaningful information to the other party to avoid a bad experience and prevent abuse of the platform;(c) if event booking is cancelled by the Event Service Provider, the Event Host will be issued a 100% refund of the payment made; and(d) three cancellations by a vendor will automatically result in the loss of a one-star rating. Once an Event Service Provider drops below a 2.5/5-star rating, they will be removed from the Zest platform.

8. FEES AND COMMISSIONS

8.1 It is free to become a User and use the Zest Platform as an Event Host.

8.2 When an Event Service or Venue Hire booking is completed, the Event Service Provider will pay us the Service Fee that is communicated to the Event Service Provider prior to the booking being confirmed.

8.3 All services, except for venues and VIP services, are subject to a 12.5% transaction fee. Venues and VIP services are subject to an 8.5% transaction fee.

8.4 In addition to the transaction fees mentioned above, Stripe fees will also apply. Stripe fees are calculated as 1.75% of the transaction amount plus A$0.30 per transaction.

8.5 The transaction fees and Stripe fees are non-refundable and will be deducted from the total amount paid by the customer.

8.6 The transaction fees and Stripe fees are subject to change without prior notice.

8.7 By using our services through the Zest app and website, you agree to the transaction fees and Stripe fees mentioned above.

8.8 If you have any questions or concerns about the transaction fees or Stripe fees, please contact us at support@zestapp.com.au.

8.9 The Service Fees are in Australian Dollars and exclusive of goods and services tax (GST) unless otherwise specified.

9. REFERRALS / PROMOTIONAL CODES

9.1 Registered Users may refer friends to become new users on the Zest Platform in exchange for promotional codes to be used for future Bookings.

9.2 Users will receive promotional codes for referrals where:(a) a referred friend clicks on their referral link and completes the registration process outlined in clause 4; and(b) the referred friend completes a Booking through the Zest Platform in accordance with clause 5.

9.3 Users may also receive promotional codes from us directly, or through a third party promotional partner.

9.4 In addition to any other terms regarding promotional codes that we may issue from time to time, you:(a) must use a promotional code at the time you pay the Booking Fee, otherwise promotional codes cannot be retrospectively applied; and(b) may only use one promotional code per Booking.

10. TERMINATION

10.1 In addition to our rights under clause 3, we may, at our absolute discretion, terminate these Terms or cease to supply you with access to the Zest Platform and/or the Services, if:(a) it transpires that you have provided false or misleading information on the Platform;(b) the rating on your account has dropped below an average of three (3) out of at least ten (10) completed Bookings, for any reason;(c) we have reason to believe, in our sole discretion, you have encouraged another User to take a Booking off the Zest Platform (evidence of which may include exchanging private contact details in the chat function);(d) you are found by us to be offensive or abusive to another User; or(e) you fail to pay any fees or charges payable by you on time or at all.

10.2 If your access to the Zest Platform and/or the Services is terminated for any reason, we will be entitled to payment for any outstanding fees or charges properly incurred by us up to the date of termination and any fees or charges incurred during any applicable notice period or otherwise specified in these Terms.

11. WARRANTIES

11.1 We will, within a reasonable period of time, investigate any alleged error or issue regarding any of the Services, provided that you notify us in writing within seven (7) days of becoming aware of the error or issue with all necessary information to be able to investigate the error or issue. Notwithstanding, you agree that our liability will be limited in any event to the right to attempt redelivery of the Services to you.

11.2 You agree to use your reasonable endeavours to ensure that the information that you supply us or any Event Service Provider is complete and accurate and notify us (and, if relevant, the Event Service Provider(s)) in writing if there is any change to the information supplied.

11.3 Except as provided in these Terms, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.

11.4 Nothing contained in these Terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under theCompetition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.

12. LIABILITY

12.1 To the extent permitted by law, we will not be liable for any loss, expenses, liabilities, costs or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, programs, data or other material due to your use of any part of the Zest Platform or downloading of any material posted on it or on any website linked to it. We recommend Users ensure they have up-to-date virus checking software installed.

12.2 To the extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you in relation to goods or services sold, or advertised, by an Event Service Provider via the Zest Platform (including any dispute or complaint regarding refunds, payment, goods or services). You should address such complaints directly with the Event Service Provider.

12.3 You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities, or loss of profits, loss of revenue, economic loss, loss of goodwill, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production, arising out of, or in connection with, the provision or use of the Services, the Platform or these Terms.

12.4 You agree that, in any event, our maximum aggregate liability to you under these Terms will beno more than the total value of the last completed Booking that was either requested by you asan Event Host, or accepted by you as an Event Service Provider, capped at a maximum of AUD$100.

12.5 Each User acknowledges and agrees that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

12.6 This clause 12 survives termination or expiry of these Terms.

13. INDEMNITY

13.1 To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Zest Platform and your use of the Services.

13.2 You indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with, your use of the Zest Platform, the Services and any breach by you of these Terms.

13.3 You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any Event Service Provider due to your actions, and you indemnify us from and against any and all claims by any Event Service Provider in relation to your actions (including content created and posted by you).

13.4 This clause 13 survives termination or expiry of these Terms.

14. INTELLECTUAL PROPERTY

14.1 You acknowledge that all Intellectual Property Rights in the Services and the Zest Platform are the property of us (or our licensors) and your use of, and access to, the Services and Platform does not give you any rights, title or interest in or to the Services or the Zest Platform. Unless expressly authorised either under these Terms or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute the Services or the Zest Platform or any part of the Services or the Zest Platform.

14.2 You may not modify or copy the layout or appearance of the Services or any computer software or code contained in the Services, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Services.

14.3 You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Services or the Zest Platform on another website or commercialise any information obtained from any part of the Services or the Zest Platform without our prior written consent.

14.4 By uploading, posting, transmitting or otherwise making available any Material via the Services or Platform, you:(a) grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, publish, reproduce and otherwise exploit the Material in any form for any purpose and unconditionally waive any moral rights that you might have in respect of the Material; and(b) represent and warrant that you either own the Intellectual Property Rights in that Material or have the necessary permission to upload, post, transmit or otherwise make available that Material via the Services or the Zest Platform.

15. UNAVOIDABLE EVENTS

15.1 We will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Services as soon as reasonably practicable.

16. DISPUTE RESOLUTION

16.1 If you have a complaint about the performance of these Terms or the Services, you will:(a) if the complaint relates to a payment to an Event Service Provider or an issue with a Booking, you should contact the relevant Event Service Provider directly about the complaint; or(b) for any other complaints, contact us at support@zestapp.com.au in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notifyyou of the solution.

16.2 This clause 16 survives the expiry or termination of these Terms.

17. LINKING TO THE ZEST PLATFORM

17.1 You may link to the Zest Platform, provided that you do so in a way that is fair and legal and does not damage, or take advantage of, our reputation. You must not establish a link in a way that suggests any form of association, approval or endorsement by us where none exists.

17.2 You must not establish a link to the Zest Platform from any website that is not owned by you (except with the website owner’s express permission).

17.3 The Zest Platform must not be framed on any other website.

17.4 We reserve the right to withdraw linking permission under this clause 17 by updating these Terms on the Zest Platform.

18. PRIVACY

18.1 We are committed to protecting your privacy and personal information. Further details about our practices relating to the collection, use, disclosure and storage of your personal information can be found in our Privacy Policy.

18.2 Stripe will collect and manage any payment information provided via the Zest Platform. Stripe’s privacy terms are available here https://stripe.com/au/privacy.

19. GENERAL

19.1 Any provision of these Terms that is found to be void or unenforceable will, to the extent that it is void or unenforceable, be severed from these Terms without affecting the enforceability or validity of any other provisions.

19.2 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.

19.3 These Terms are governed by the laws of Victoria, Australia. The parties unconditionally submit to the exclusive jurisdiction of the courts exercising jurisdiction there.

20. DEFINITIONS

20.1 In these Terms, the following expressions have the following meanings, unless otherwise stated:

  • “Booking” means a booking for Event Services or Venue Hire;
  • “Booking Date” is defined in clause 2.6;
  • “Booking Fees” is defined in clause 6.1;
  • “Event Host” means a User that is using the Zest Platform to book Event Services or Venue Hire with an Event Service Provider;
  • “Event Services” means services relating to an event and may include but is not limited to musical performances, bartending, catering or any other service that may be provided in connection to an event;
  • “Event Service Provider” means a User that is using the Zest Platform to advertise Event Services or Venue Hire;
  • “Event Tender” is defined in clause 2.5(c);
  • “Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable), including, but not limited to, all rights in respect of technical information, know-how, copyright,trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights;
  • “Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Platform, or otherwise displayed, uploaded or published on, or via, the Platform;
  • “Payment Processing Services” means any services that we provide pursuant to these Terms which are to be used to process payments in relation to purchases on the Platform;
  • “Privacy Policy” means our privacy policy, available on our website;
  • “Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Platform including, but not limited to, your name, date of birth, gender and contact details;
  • “Service Fee” means the fee payable by an Event Service Provider to us as consideration for providing the Zest Platform as an avenue for obtaining and managing business leads;
  • “Services” refers to the Platform and any associated services we provide pursuant to these Terms and for the avoidance of doubt does not include the services provided by Event Service Providers;
  • “Stripe” means Stripe Payments Australia Pty Ltd ACN 160 180 343;
  • “Stripe Services Agreement” means the terms available at https://stripe.com/au/legal/ssa or otherwise provided by Stripe from time to time;
  • “Terms” means these terms and conditions and all of the terms of any order placed by you through the Platform;
  • “Unavoidable Events” is defined in clause 15.1;
  • “User” means any person or entity using the Services, whether they are an Event Host, Event Service Provider or a person who browses, visits or otherwise uses the Platform or the Services;
  • “Venue Hire” means the service of allowing an Event Host to use a venue and that venue’s offerings (i.e. food, drinks or function areas) for an event; and
  • “Zest Platform” means the website located at https://www.zestapp.com.au/ or any other website nominated by us from time to time, our mobile application available on the iOS App Store and Google Play store, and any associated services, software, networks or processes.