Terms of Use

We are passionate about growing and nurturing a community of active party planners, organisers, creatives, visionaries, artists, makers and partygoers. In order to do so, it is important for all buyers and sellers on our marketplace to understand and adhere to our terms of use.

Gatheree (“we”, “us” and “our”) is a website (“marketplace”) that allows buyers (“you”, “your” and “yourself”) to search, browse and buy products and services that sellers (“they”, “their” and “them”) make available through their Gatheree store on https://gatheree.co.

This marketplace is owned and operated by Gatheree Pty Ltd (ABN 27 614 944 624) of Suite 128, 45 Glenferrie Rd Malvern Vic 3144.

By using our marketplace, buyers and sellers agree to comply with and be legally bound by the terms and conditions, whether or not you become a registered buyer or seller. We may vary our terms at any time without notice. Continued use of our marketplace indicates acceptance of any amendment we make to these terms from time to time.

Copyright

All text, graphics, images, music, programming codes, audio, video, information or other materials (“content”) on our marketplace are and will always remain the intellectual property of Gatheree and is protected by Australian and International intellectual property rights laws.

Products and services

Products refer to physical objects that you can purchase on our marketplace and once ordered will be delivered to you and owned by you. Services refer to the hiring of professional skills or the rental of physical objects for a limited duration.

Users

Gatheree users consist of buyers and sellers.

As a buyer, you have to be a registered buyer. When you create an account, you become a registered buyer and this allows you access to additional functionalities on our marketplace such as the ability to plan (“create” and “manage”) your event, communicate (“conversation”) with sellers and keep a history of your purchases on Gatheree.

Sellers have to create an account on our marketplace in order to set up their Gatheree store and to make their products and/or services available for purchase by buyers. Sellers are charged fees for setting up a store, product and/or service listing, selling and advertising on Gatheree. Details on all seller fees are listed at gatheree.co/sellers.

User commitments

Sellers are committed to complying with Australian laws and regulations that apply to fair trading. Sellers must not post any illegal content and must not use inappropriate terms to describe their products or services on our marketplace. Sellers agree that any photographs and descriptions of all listings accurately represents the products and/or services they make available. We reserve the right to immediately cancel and remove, without notice or refund, any listings or advertisements which are deemed that are in breach of our terms. Sellers must not use our marketplace to promote any products, services or websites that are not on our marketplace. Sellers represent themselves as having the legal right and capacity to sell and promote all products and services they make available on our marketplace. Sellers must ensure they have the certifications, approvals, permits, licenses and other relevant qualifications required to operate their store.

Sellers and buyers are committed not using any functionalities on our marketplace for any activities or to transmit information which could; defame, harass, threaten, menace or offend any person including information that could infringe a third party’s rights (including intellectual property rights, rights of privacy or their trade secrets) or is inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, illegal in Australia, defamatory or confidential, is false, misleading, inaccurate or deceptive or is discriminatory in breach of State or Commonwealth anti-discrimination legislation.

Sellers and buyers are committed to not knowingly transmitting any virus, worm, Trojan horse or any other disabling features to or from our marketplace and indemnify us against any loss or damage should they do so.

Sellers and buyers are responsible for any content including photographs provided to us and agree that they have the right to the content and are not in breach of any copyright. When users upload content to our marketplace, users acknowledge and agree to their content being used, featured and shared externally by us on our print and digital marketing materials.

Orders

When you place an order on our marketplace, this order is placed directly with the sellers of each product and/or service you purchase. On behalf of the sellers, we process your payment, notify them of your order and send you an order confirmation.

Your order is an offer directly with the sellers and is only deemed as accepted by them once you receive an order confirmation. This order confirmation serves as an agreement between you and them for the products and/or services.

Payments

All amounts are stated in Australian dollars and all purchase prices include Australian GST (where applicable).

When you place an order, you agree to pay the purchase price specified on the product and/or service listing (“listing”) at the time you place your order. This includes any applicable shipping charges, which will be shown separately.

In order to place your order, you will need to pay through our marketplace by credit card. Your payment will be processed once you submit your order. A surcharge may apply for the use of certain credit cards.

Sellers are charged fees for setting up a store, product and/or service listing, selling and advertising on Gatheree. Sellers will pay all costs associated with using our marketplace, whether billed or automatically debited to the seller’s account or credit card as agreed by the seller. Details on all seller fees are listed at gatheree.co/sellers.

Shipping and delivery

The shipping policy will vary from store to store and any shipping costs and delivery times listed are estimates only, usually based on the information provided by the seller’s shipping company of choice. Please refer to product and/or listing or contact the seller directly for shipping costs and policies.

The seller will send the product to the address you specify when placing your order. All delivery enquiries should be directed to the seller. Once delivered to this address, title to and risk in the product will pass to you.

Cancellations and errors

The cancellation policy will vary from store to store and listing to listing. Please refer to product and/or listing or contact the seller directly for the cancellation policy.

While sellers will endeavour to avoid any errors and cancellations, unforeseen circumstances may occur from time to time and lead to an order being cancelled.

Unforeseen circumstances such as supply problems can occur due to unexpected demand and may result in a product or service being unavailable. The seller may also cancel an order if they suspect that you are acting fraudulently or in breach of our terms.

Sellers have to inform you of any delay in the shipping of your order and provide you with a reason for the delay. If this occurs, you may cancel your order if the product has not been shipped or service has not been provided. You may also cancel an order if the seller is in breach of our terms.

Returns and exchanges

The return and exchange policy will vary from store to store and listing to listing. Please refer to product and/or listing or contact the seller directly for the return and exchange policy.

Privacy and security

Buyers and sellers must not disclose any user name and password details to any other person. We assume any activity relating to an account using your username and password is you, and you will be responsible for any such use.

As users of our marketplace, you must not provide us with inaccurate or incomplete information, violate any applicable laws or use our marketplace for any purpose that is unlawful, impersonate any person, distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software and collect or store personal data about other users of our marketplace.

Our privacy policy outlines how we collect, use and protect the information you provide to us. This policy can be found at gatheree.co/privacy.