Terms of service

MarketsGuide is operated by Jeerish Naradoo, a sole trader registered in New South Wales, ABN 82 513 864 085 (we, us, our). Contact: hello@marketsguide.com.au.

• The public directory and market-goer accounts are live and free.
• Organiser and stallholder tools are in development. They are not generally available.
• We are not taking payments. Nothing on MarketsGuide costs money at the moment.

The sections below describing organiser workspaces, stallholder applications and payments set out how those parts are built to work. They will apply to you when you use them. We will update this page before we introduce paid features.

MarketsGuide is a directory of Australian markets and, increasingly, software for running one.

We are not the market operator. We are not the venue, the insurer, or anyone's employer. We do not put up the stalls, take the money at the gate, or deliver anything on the day.

If a market is cancelled, if a stall is not what you expected, if a payment goes wrong between a stallholder and an organiser, or if somebody is hurt at an event, that sits with the organiser and the people involved. It does not sit with us.

Market details change constantly. Dates move, markets get rained out, venues change, and organisers stop trading without telling anyone.

We put real work into keeping listings current, but we cannot promise that a listing is correct on the day you read it. Before you travel, particularly if you are travelling a long way, check the market's own page or contact the organiser directly.

If you spot something wrong, tell us. We correct reported errors as quickly as we can, though we may need to confirm details with the market first.

Most listings on MarketsGuide were compiled by us from publicly available information, so that people could find markets without having to hunt across a dozen Facebook pages.

A listing does not mean that the market's organiser has an account, has agreed to these terms, or has any relationship with us at all.

If you run a market that is listed here and you want the listing corrected, updated, handed over to you, or taken down entirely, email hello@marketsguide.com.au. There is no self-serve claim button at the moment. We handle these manually and aim to respond within five business days.

We may edit, hide or remove a listing that is inaccurate, unlawful, misleading, or damaging to the directory. We may also keep a record that a market existed after a listing comes down, so that the history of the directory holds together.

You need to give us accurate information and keep your login details secure. You are responsible for what happens under your account, including anything done by people you have given access to.

You must be at least 13 to use the service.

If you use MarketsGuide on behalf of a market, a business or an organisation, you are confirming that you have the authority to agree to these terms for that group.

When a stallholder, team member or anyone else registers, applies or accepts an invitation, they become a MarketsGuide user for that access, and these terms and the privacy policy apply to them, even where an organiser started the invitation.

We may suspend or end access for non-payment, suspected abuse, or a serious breach of these terms.

You can browse the whole directory without an account. An account lets you save favourites, follow markets and manage notifications, and that is all it is for.

You can delete your account from within the app at any time.

Where ticket sales are offered in future, the agreement will generally be between you and the organiser or the connected account taking the payment. The listing and the checkout will show who is charging you. We are not the venue and we are not responsible for the event itself.

If you run a market on MarketsGuide, you are responsible for:

• the market itself, including delivery, safety, permits, insurance and local approvals
• the accuracy of your listing, your fees, your dates, your photos and your application rules
• how you assess applications and how you communicate with stallholders
• refunds, cancellations and disputes arising from your market, your invoices or your tickets
• collecting and remitting your own tax
• who you invite into your workspace, and whether they use that access lawfully

You must not publish content you do not have the right to use. To the extent the law allows, you indemnify us against claims arising from your breach of these terms, content you have published without the right to use it, or your negligent acts or omissions in running your market. This does not extend to claims caused by our own breach or negligence.

Organiser access to an existing listing is arranged by us after you create an account and get in touch. Creating an account does not transfer a listing to you on its own.

You are responsible for the accuracy of your profile, your applications and any documents you upload, and for having the right to provide them.

Submitting an application is an approach to an organiser, not a booking with us. Whether you are accepted, waitlisted or declined, what you pay, and where your stall ends up are all decided by the organiser, including through any automatic rules they have switched on.

If you take a paid stallholder plan in future, that is a software subscription with us. It is a separate thing from the stall fees you pay a market.

We are not currently charging anyone. Everything is free while the tools are in development.

When paid features go live:

• Paid plans will be billed in advance through Stripe and will renew automatically until you cancel.
• You can cancel at any time. Cancellation takes effect at the end of the billing period you have already paid for.
• We will not refund part-periods, except where the Australian Consumer Law says we have to.
• We will give notice before any price change takes effect.
• Stall fees, application fees, invoices and ticket sales may run through Stripe Connect, in which case the connected organiser or stallholder account is the merchant of record for that charge and we may take a platform fee. Checkout screens and invoices will show who is charging you.
• We will never store full card numbers. Stripe's own terms will also apply to payment processing.
• We will record which version of these terms you accepted and when.

We may suspend paid features if a payment fails. Organisers remain responsible for refunds and tax on their own charges.

Use the service lawfully. Specifically, do not:

• attempt unauthorised access, bypass security, or scrape in a way that degrades the service for other people
• interfere with other users or with the availability of the platform
• upload malware, or content you do not have the right to submit
• impersonate someone else, or mislead people about a market
• use the directory, applications or messaging to harass anyone or to send bulk spam

We monitor for abuse and will restrict access where we reasonably believe it is happening.

We may send you transactional and service messages by email, SMS or push, and promotional messages where we are permitted to. You can opt out of marketing. You will still get the messages needed to run your account or a transaction.

The MarketsGuide software, design and trademarks belong to us or are licensed to us. You get a limited, non-transferable right to use the service for what it is for. You may not copy it, reverse engineer it, or exploit it beyond what the law allows.

You keep ownership of the content you upload. You give us a licence to host, display and process it as needed to run the service, including showing approved listing content on public pages and in search results.

If you believe content on the service infringes your rights, email hello@marketsguide.com.au. Say what the content is and where it is, and we will deal with it.

The service is provided as-is and as-available. It may go down for maintenance, faults or third-party outages, including our hosting, email, maps or payment providers. We do not promise uninterrupted or error-free operation.

Nothing in these terms excludes, restricts or modifies any consumer guarantee or remedy you have under the Australian Consumer Law that cannot be excluded.

To the maximum extent the law allows, we are not liable for indirect, incidental or consequential loss, including lost revenue, profits or data, or for losses arising out of an organiser's event, a dispute with a stallholder, or a third-party outage.

Where our liability cannot be excluded, it is limited at our option to supplying the service again or paying the cost of having it supplied again. In any case, our total liability for any claim is limited to what you have paid us in the twelve months before the claim, or AUD $100 if you have not paid us anything.

If something has gone wrong, email hello@marketsguide.com.au first and give us a fair chance to fix it before either of us starts anything formal. Most things can be sorted out in an email.

You can stop using MarketsGuide whenever you like. Market-goers can delete their account in the app.

Organiser and stallholder accounts that own listings, invoices or applications may need a few extra steps so that other people are not left stranded. Email us and we will handle it properly.

You can end your agreement with us at any time by closing your account or cancelling your plan, without giving a reason.

We may suspend or end access for breach, non-payment or misuse. The parts of these terms that should outlast your account, including intellectual property, liability and indemnity, continue to apply afterwards.

We may update these terms. For minor changes, such as clarifications or contact details, the updated version on this page becomes current immediately.

For material changes, including changes to fees, liability, or how your information is handled, we will give at least 30 days notice by email where we have an address for you, and in the product. If you do not accept a material change, you can cancel any paid plan before it takes effect and we will refund the unused part of your current billing period.

Continuing to use the service after a change takes effect means you accept it.

We plan to transfer MarketsGuide from a sole trader to an Australian company. When that happens, these terms, your account and the business itself move across to that company on the same footing, and the operator details on this page will be updated. You will not need to do anything.

These terms are governed by the laws of New South Wales. The courts of New South Wales have exclusive jurisdiction, except that you can bring a claim in your local Australian court where the Australian Consumer Law says you can.

hello@marketsguide.com.au

Related: privacy policy and security and trust.