1. Who we are
DadsOrder is an online marketplace operated by OceanX Consulting Pty Ltd (ABN 67 615 055 368), an Australian company ("OceanX", "we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of the DadsOrder website and related services (the "Platform").
In these Terms, a "Customer" is a person who books or seeks event services; a "Supplier" is an independent business that lists and provides event services; and "you" means whichever applies to you. "Event Services" means the goods and services offered by Suppliers (for example cakes, catering, décor, venues, photography).
2. DadsOrder is an intermediary — not a party to your booking
DadsOrder provides technology that helps Customers and Suppliers find each other, communicate, agree terms and pay securely. We are not the supplier of any Event Services. When a Customer accepts a Supplier's offer or order, a separate contract for the Event Services is formed directly and exclusively between that Customer and that Supplier (the "Supplier Contract").
OceanX is not a party to the Supplier Contract and is not an agent, employer, partner, joint venturer, fiduciary or representative of any Customer or Supplier. No user has authority to bind OceanX. We do not provide, direct, supervise or control any Event Service. Any identity or business checks, ratings, "track record" figures, search placement or badges are limited platform signals provided to assist your own judgement; they are not an endorsement, background check, guarantee or warranty by us.
You are solely responsible for your own decisions about who to deal with and on what terms. The Customer and Supplier are each responsible to one another for performing the Supplier Contract.
3. Eligibility and your account
You must be at least 18 years old and able to form a binding contract. You must give accurate information, keep your login secure, and are responsible for all activity on your account. You must not impersonate others or create accounts by automated means.
4. Customer responsibilities and acknowledgements
- You are responsible for choosing a Supplier and for checking that their Event Services are suitable for your needs, including allergen, dietary, health, safety, accessibility, capacity, timing and licensing requirements. These matters are between you and the Supplier.
- You must give the Supplier accurate details and reasonable access, information and cooperation so they can perform.
- You are responsible for inspecting what you receive and raising any problem promptly through the Platform.
- Any dispute about the quality, safety, timing or fitness of Event Services is a matter between you and the Supplier. We may help facilitate a resolution but we do not provide the Event Services and are not liable for them.
5. Supplier responsibilities and warranties
If you use the Platform as a Supplier, you represent, warrant and agree on an ongoing basis that you:
- are an independent business lawfully able to provide the Event Services, and hold and maintain all licences, permits, registrations, food-safety certifications, adequate public liability cover and other insurances required by law or reasonably appropriate for your services, and will provide evidence on request;
- will comply with all applicable laws (including the Australian Consumer Law, food-safety, work health and safety, liquor and privacy laws), and hold a valid ABN and account for GST where applicable;
- will provide Event Services with due care and skill, to the standard promised, and honour your listings, offers, prices and availability;
- are solely responsible for the Event Services, your listings, content, staff and subcontractors; and
- will indemnify OceanX as set out in clause 12.
You are the "supplier" and "manufacturer" (as applicable) of your Event Services for the purposes of the Australian Consumer Law. Consumer guarantees in relation to the Event Services are given by you, the Supplier — not by OceanX.
6. Payments, releases and fees
Payments are processed by Stripe under Stripe's own terms using a platform payment arrangement. Supplier payout is delayed until the Customer confirms delivery, the confirmation window (currently 48 hours after delivery) lapses without a dispute, or a dispute is resolved. This is a payment-facilitation and delayed-release mechanism, not a trust account or regulated escrow service. Funds are handled by the payment provider, not held on deposit by OceanX. Facilitating payment does not make OceanX a bank, trustee, insurer or guarantor of either party.
OceanX charges Customers a service fee of 5% of the supplier sale, added to and clearly disclosed in the total before payment. OceanX charges Suppliers a service fee of 15% of the settled supplier sale, deducted at payout. These OceanX service fees include GST. We may change fees prospectively on reasonable notice; the disclosed fee for an existing paid order will not be changed retrospectively. Bank and currency-conversion charges imposed by your own financial institution are your responsibility.
Suppliers must complete and maintain Stripe connected-account onboarding and payout eligibility. A return from Stripe onboarding does not itself mean onboarding is complete; activation and payout remain subject to Stripe reporting the required capabilities as enabled and to any later information Stripe requires.
Each Supplier must keep its ABN and GST-registration declaration accurate. The Supplier authorises OceanX to prepare and make available, as the Supplier's agent for that limited purpose, the supplier-sale section of an invoice or receipt using information the Supplier provides. This does not transfer the Supplier's tax obligations to OceanX. OceanX separately invoices for its own service fee. OceanX may collect, retain and report marketplace transaction information where required by tax law, including under the Sharing Economy Reporting Regime.
7. Cancellations, changes and refunds
Cancellation and change rights depend on the Supplier Contract and the Supplier's stated terms. Where an order is cancelled or refunded through the Platform, we will reverse the corresponding held amount to the original payment method. Refund eligibility for the Event Services themselves is a matter between the Customer and Supplier and (where applicable) their rights under the Australian Consumer Law against the Supplier.
8. Disputes between Customers and Suppliers
If a problem arises, raise it through the in-Platform dispute process. To help both sides, we may review the information provided and, acting reasonably and in good faith, decide how the held funds are released (release, refund, or partial split). Any such decision is limited to the movement of held funds and is made as a payment-facilitation service. It does not determine the parties' legal rights or liability, is not legal or expert advice, and does not limit either party's rights against the other. Customers and Suppliers remain responsible for resolving their own dispute, including through any rights they have under the Supplier Contract or the law.
9. Content, reviews and reputation
You retain ownership of content you submit (listings, photos, messages, reviews) and grant OceanX a worldwide, royalty-free licence to host, display and use it to operate and promote the Platform. You are responsible for your content and must ensure it is accurate, lawful and not misleading, and that you have the rights to it. We may remove content or adjust ratings that breach these Terms, but we are not obliged to monitor content and are not responsible for content posted by users.
10. Prohibited conduct
- arranging payment or bookings off-Platform to avoid fees or protections;
- misrepresenting identity, qualifications, insurance or a business;
- posting unlawful, infringing, misleading, harmful or offensive content;
- interfering with, scraping, or attempting to gain unauthorised access to the Platform; or
- using the Platform other than as intended by these Terms.
11. Disclaimers and limitation of liability
To the maximum extent permitted by law, the Platform is provided "as is" and "as available", and OceanX excludes all representations, warranties and guarantees (whether express, implied or statutory) other than those that cannot lawfully be excluded. Without limitation, we do not warrant uninterrupted, secure or error-free availability, any particular search position or commercial result, or the identity, conduct, solvency, qualifications, insurance, listing, quality, safety, legality or outcome of any Customer, Supplier or Event Service.
OceanX is not responsible or liable for the acts, omissions, conduct, goods, services or content of any Customer, Supplier or other third party, or for the formation, performance, cancellation or non-performance of any Supplier Contract. To the maximum extent permitted by law, OceanX is not liable for any indirect, special, incidental, exemplary, punitive or consequential loss, loss of profit, revenue, opportunity, anticipated saving, business, data or goodwill, or personal injury, illness, property damage or event disruption caused by or arising from Event Services.
To the maximum extent permitted by law, OceanX's total aggregate liability arising out of or in connection with the Platform, these Terms and any order—under contract, tort (including negligence), statute or otherwise—is limited to the greater of: (a) the service fees actually received and retained by OceanX for the specific order giving rise to the claim; or (b) AUD 100. This cap applies collectively to all claims arising from the same or related events and does not limit a liability that the law prohibits us from limiting.
12. Indemnity
To the maximum extent permitted by law, you indemnify OceanX and its officers, employees and contractors against claims, liabilities, losses, damages, penalties, costs and reasonable legal expenses suffered or incurred to the extent caused by: (a) your breach of these Terms or applicable law; (b) your negligent, fraudulent or wilful act or omission; (c) your listing, content, infringement of another person's rights, or misuse of the Platform; or (d) if you are a Supplier, an Event Service, your personnel or your breach of a Supplier Contract. This indemnity is reduced to the extent a loss was caused by OceanX's own negligent or wrongful act, and it does not require a consumer to indemnify OceanX for a liability that cannot lawfully be transferred.
13. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law ("ACL"). Where a guarantee under the ACL applies and cannot be excluded, but OceanX is able to limit its liability, OceanX's liability is limited (at our option) to re-supplying the relevant service or paying the cost of having it re-supplied. For the Event Services, the Supplier — not OceanX — is the "supplier" for ACL purposes, and consumer guarantees in respect of those services are owed to you by the Supplier.
14. Suspension and termination
You may stop using the Platform at any time. We may suspend or terminate access, remove content, or delay a payout where we reasonably believe there has been a breach of these Terms, fraud, a chargeback or non-payment risk, or a legal, regulatory or safety concern, and only for as long as reasonably necessary and permitted by law. Termination does not affect accrued rights, payment obligations or an existing Supplier Contract. Clauses that by their nature should survive termination (including 5, 11, 12, 13 and 16) survive.
15. Changes, force majeure and assignment
We may update these Terms prospectively. We will give reasonable notice of a material change where practicable; changes required for law, security or fraud prevention may take effect immediately. A change does not retrospectively alter an existing Supplier Contract. If you do not agree, you may stop using the Platform before the change takes effect. Neither party is liable for failure or delay caused by events beyond its reasonable control, except for obligations that cannot lawfully be excluded. We may assign these Terms to a related body corporate or in connection with a bona fide sale or restructure of our business.
16. Governing law and contact
These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of its courts. If any provision is invalid or unenforceable, it is read down to the minimum extent necessary and the remainder continues. A failure to enforce a right is not a waiver. These Terms, together with policies expressly incorporated into them, are the agreement between you and OceanX about the Platform; they do not replace the separate Supplier Contract. Questions? Contact OceanX at help@dadsorder.com.
OceanX Consulting Pty Ltd · ABN 67 615 055 368 · Sydney, Australia. These Terms are provided in good faith and in plain English; they are not legal advice to you.