1. Introduction

Welcome to Gooday. These Terms and Conditions ("Agreement") govern your access to and use of the Gooday Software as a Service platform, apps, website, and related services (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement.

 

2. Definitions

For definitions applicable throughout this Agreement, please refer to Section 15.

 

3. Use of Services

You agree to use the Services in accordance with this Agreement and applicable laws. You are responsible for all activities conducted through your account, including those of your Affiliates and End Users. If a business wants to remove an account or has any issues with an account, they may contact Gooday at info@gooday.com.au.

 

4. Fees and Payment

4.1 Pricing Model and Fees. Gooday operates on a transaction-based pricing model. By using the platform, Businesses and Social Clubs agree to the following fees:

 

Standard Business Bookings: A fee of $2.00 AUD per person for every booking made.

 

Pre-paid Events: For every pre-paid event, a 2.5% Gooday fee is charged in addition to a 2.5% fee allocated to Stripe processing costs. These percentages are in addition to the base $2.00 AUD per person booking fee.

 

Social Club / Experience: A 5% Gooday fee is charged in addition to a 2.5% fee allocated to Stripe processing costs.

 

4.2 Payment Terms. You agree to pay all fees associated with your use of the Services. All payment obligations are non-cancelable and all fees paid are non-refundable. Gooday reserves the right to change booking fees, commission fees, or any other fees at any time without prior notice. All payment obligations are non-cancelable and all fees paid are non-refundable, unless specified differently in business' policies. Nothing in this Agreement limits any rights or remedies available to Consumers or Businesses under the Australian Consumer Law.

 

4.3 Refund Policy. If a person would like a refund on services booked via Gooday, the resolution is strictly between the Business and the Consumer. If a refund is granted, the Business is solely responsible for handling the payment. Gooday is not responsible for refunding any amounts, including the Gooday commission, platform fees, or Stripe processing fees. All fees paid to Gooday remain final and non-refundable. In the event of a credit card chargeback initiated by a Consumer, the Business agrees to indemnify Gooday for the full amount of the chargeback plus any associated administrative or processing fees incurred by Gooday.

 

4.4 Cancellation Policies. If a business has cancellation fees and clearly states its policy, it is up to the Business to enforce its own cancellation policy and any other internal policies. Gooday does not enforce venue-specific policies.

 

5. Intellectual Property Rights

5.1 Gooday Intellectual Property. Gooday or its affiliates own all right, title, and interest in and to the Services, Gooday Data, and Aggregated Data, including all intellectual property rights. You may not use or display any Gooday Marks without express prior written permission.

 

5.2 License Grant to You. Gooday grants you a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your internal business purposes. You agree not to modify, resell, or reverse engineer the Services.

 

5.3 Marketing and Social Support. Gooday is committed to supporting all businesses and clubs on the platform. If a Social Club provides promotional material for an upcoming event featured exclusively on Gooday, we will post and repost it across our social channels to support maximum attendance.

 

5.4 Content Warranty. By providing promotional materials or uploading content to the Services, you warrant that you own or have the necessary licenses to such content. You grant Gooday a perpetual, sub-licensable, royalty-free license to use, reproduce, and display such content for the purpose of providing and marketing the Services. You agree to indemnify Gooday against any third-party claims of intellectual property infringement related to content you provide.

 

6. Data Ownership and Use

6.1 Your Data. You retain ownership of Your Data. You grant Gooday a license to use Your Data to provide and improve the Services.

 

6.2 Confidential Use of User Data. If any business on Gooday has access to a customer's personal data through our app, it is the sole responsibility of that Business and the Customer to abide by all Australian privacy laws (including the Privacy Act 1988) regarding the use of that data. Gooday will not be liable for any misuse of customer data by a third-party business.

 

7. Confidential Information

Each Party agrees to protect the other's Confidential Information with commercially reasonable care. Confidential Information excludes publicly known or independently developed information.

 

8. Term, Termination, and Suspension

8.1 Termination for Cause. Gooday may immediately terminate for material breach or illegal activity, with immediate payment of all outstanding fees.

 

8.2 Rights on Termination. Upon termination, your rights to the Services cease. Gooday will retain Your Data for seven (7) days for export purposes. After these 7 days, Gooday may delete Your Data without further notice.

 

8.3 Suspension and Account Removal. Gooday reserves the right to suspend or remove any account without notice or written confirmation if it reasonably believes the account is:

 

Being used fraudulently or unlawfully.

 

A fake or suspected fraudulent account.

 

Suspected of 'Trojan Horsing' (using the platform to harvest data or bypass fees for external gain).

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Gooday is not required to provide an explanation or written confirmation that such a suspension or removal will occur. Gooday will act reasonably and proportionately when exercising its rights under this Section, and affected users may request a review of any suspension or removal.

 

9. Warranties and Disclaimer

Gooday warrants that it will maintain material compliance with Service functionality. Except as expressly provided, Services are provided "as is." Gooday disclaims all other warranties, including fitness for purpose or uninterrupted use.

 

10. Indemnification

You agree to indemnify and hold harmless Gooday Parties from claims arising from your breach of this Agreement, misuse of the Services, or disputes regarding Your Data or your conduct at an event. This indemnity applies to the maximum extent permitted by law.

 

11. Limitations and Exclusions of Liability

11.1 Technical Issues. Gooday will not be liable for any technical issues arising from private and public event listings.

 

11.2 Event Incidents. Gooday is not liable for any incidents, injuries, damages, or disputes that occur during an event hosted by a member of the public, a Social Club, or a Business. Gooday does not vet, approve, or guarantee the safety or legality of any events listed on the platform. For events hosted by third‑party Businesses or Social Clubs, Gooday acts solely as a booking and payment facilitation platform and is not the supplier of the event or service. For events organised directly by Gooday, Gooday is the event host only for that specific event, and all other events on the platform remain the sole responsibility of the relevant Business or Social Club. Users host and attend events at their own risk. You agree that Gooday's role is limited to providing the platform for booking and payment processing, and Gooday is not a party to any contract between a Consumer and a Business/Social Club. 

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11.3 General Limitation. To the maximum extent allowed by law, Gooday's liability is limited to the fees paid in the 12 months before the incident or $100 AUD equivalent.

 

11.4 No Duty of Care. Gooday provides a marketplace platform only. Gooday does not act as an agent, insurer, or broker for any Business or Social Club. No relationship of employment, agency, or partnership is created between Gooday and any user. Gooday owes no duty of care to End Users regarding the quality, safety, or suitability of events or services booked via the platform. Nothing in this Agreement excludes or limits liability arising from Gooday’s own negligence, fraud, or misleading or deceptive conduct.

 

12. Miscellaneous

12.1 Governing Law. The laws of New South Wales, Australia govern this Agreement.

12.2 Dispute Resolution. The parties agree to informal dispute resolution, followed by binding arbitration in NSW.

12.3 Entire Agreement. This Agreement and applicable Order Forms supersede all prior agreements.

12.4 Australian Consumer Law. Nothing in this Agreement excludes, restricts, or modifies any guarantees, rights, or remedies that you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) which cannot be excluded. To the extent permitted by law, Gooday’s liability for a breach of a non-excludable guarantee is limited to the re-supply of the Services or the cost of having the Services supplied again.

 

15. Definitions

 

For the purposes of this Agreement, the following capitalised terms will have the meanings set forth for each of them below:

 

15.1 "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with you, and that has been designated to receive Services under this Agreement. "Control" for purposes of this definition means the power to direct or cause the direction of the management and policies of the subject entity, whether through equity ownership, a credit arrangement, franchise agreement or other contractual arrangement. "Affiliate" also includes any of your business locations and any Franchisees that have been designated to receive Services under this Agreement.

 

15.2 "Aggregated Data" means anonymised, de-identified, or aggregated data derived by or through the operation of the Services that is created by or on behalf of Gooday in compliance with applicable laws and that does not reveal any personally identifying information about you or any End Users or is reasonably linkable to any End User or household.

 

15.3 "API" means Gooday's application programming interface that is described (or such other URL as specified by Gooday), as may be updated by Gooday from time to time, and any subsequent application programming interfaces that are developed and made available by Gooday to interact with or otherwise be used in connection with the Services.

 

15.4 "Apps", "application" or "app" means any mobile applications through which Gooday makes the Software as a Service available, including, but not limited to, the Gooday app and any other affiliate services.

 

15.5 "Cardholder Data" means credit card numbers, expiration dates, billing addresses, and cardholder names as entered by End Users and you. Cardholder Data is a subset of End User Data.

 

15.7 "Card Updater" means the Software as a Service feature that facilitates automatic updates to outdated credit card information for participating payment cards.

 

15.8 "Confidential Information" means (1) any software utilised by Gooday in the provision of the Services and its respective source code; (2) each Party's business or technical information, including but not limited to the Documentation, information relating to software plans, designs, costs, prices and names, business opportunities, personnel, research, development or know-how that the disclosing Party designates as "confidential" or "proprietary" or the receiving Party knows or should reasonably know is confidential or proprietary; and (c) any special pricing or other non-standard terms agreed to by the Parties in an Order Form or other separate written document.

 

15.10 "Documentation" means online user guides, documentation, and help and training materials, as may be updated by Gooday from time to time, accessible at the applicable Website(s), and any other materials provided by Gooday as part of the Services.

 

15.11 "End User" means a business or individual that schedules or purchases products or services from you through the Services, that you market to, communicate with, or target through the Services, or that otherwise interacts with you through the Services, or that you authorise to use the Services in connection with your business.

 

15.12 "End User Data" means all data, information or other material about an End User that you, an Affiliate or End User provides or submits to the Services. End User Data may include Cardholder Data and such portions of Your Data that relate to specific End Users.

 

15.13 "Government and Industry Policies" means the Health Insurance Portability and Accountability Act, as amended and supplemented.

 

15.14 "Marketing Services" means Gooday's online marketing platform, which allows consumers to locate businesses and clubs using Gooday and evaluate, review and book their services, directly through the Gooday App and through our partner applications.

 

15.15 "Gooday App" means the Gooday app, as may be updated by Gooday from time to time as well as the consumer-facing, downloadable mobile app made available by Gooday and known as the "Gooday App", "app" or "application" (and its successor products), which allows consumers to use their mobile devices to find, book and pay for the services of participating businesses and clubs using Gooday.

 

15.16 "Gooday Marks" means all service marks, logos and product and service names used, applied for, registered, or otherwise owned by Gooday and its affiliates.

 

15.17 "Order Form" means a separate ordering document, invoice, online form, or other documentation that specifies the Services used or purchased hereunder, the applicable transaction fees, and other terms as agreed to between the Parties. If an Order Form indicates that any Affiliates or Franchisees will receive Services hereunder, each of them will be bound by the terms of this Agreement as if it were an original party hereto.

 

15.18 "Partner Store" means the Gooday partner store, which provides you the ability to search Third Party Offerings.

 

15.19 "Professional Services" means Gooday's supplemental, fee-based technical support services.

 

15.20 "Privacy Policy" means the Gooday's Privacy Policy, accessible on Gooday's website (or such other URL as specified by Gooday), as may be updated by Gooday from time to time.

 

15.25 "Recently Acquired Offerings" any designated acquisitions which we make you aware.

 

15.26 "Services" means the Software as a Service, Website, Apps, hardware, software, dashboard and other services. "Services" excludes Third Party Offerings and our Gooday App.

 

15.27 "Software as a Service" is defined in the Introduction.

 

15.28 "Third Party Offerings" means any third party products, applications, websites, implementations or services, including loyalty programs, that the Services link to, or that interoperate with or are used in conjunction with the Services.

 

15.29 “Trojan Horsing” means the act of using the Services to gain access to Gooday’s user base or data for the purpose of redirecting them to a competing service, or misrepresenting an event to circumvent Gooday’s fee structure.

 

15.30 "Website" means https://www.gooday.com.au (or such other URLs as specified by Gooday), as may be updated by Gooday from time to time and any other websites through which Gooday makes the Software as a Service available.

 

15.31 "Your Data" means any data, information or material provided or submitted or made available by you and Affiliates to the Services. Your Data may include End User Data and Cardholder Data (and your or their representative's data), but excludes Aggregated Data.