11.1 EK provides or facilitates an online marketplace connecting parents and caregivers with activity providers. EK acts as a marketplace, discovery, booking, payment collection and support service for Australian users.
11.2 EK is not the provider of activities listed on the platform unless EK expressly states otherwise in writing.
11.3 Activity providers are solely responsible for the safety, quality, supervision, delivery, licensing, insurance and regulatory compliance of their activities, staff, venues and equipment.
11.4 To the maximum extent permitted by law, EK does not guarantee uninterrupted access, error-free operation, provider quality, booking availability, specific discounts or commercial outcomes.
11.5 EK is not liable for any act, omission, injury, loss, damage, death or harm arising from an activity provider’s service, including negligence, inadequate supervision, unsafe premises, inadequate insurance, unqualified staff, breach of contract or regulatory non-compliance by the provider.
11.6 To the maximum extent permitted by law, EK’s total liability arising out of or relating to the platform, a booking, membership or these terms is limited to the greater of: (a) the amount paid by the user to EK in connection with the relevant transaction, booking or membership; and (b) AUD $500.
11.7 Nothing in these terms limits rights that cannot be excluded under Australian Consumer Law. Where a non- excludable right is breached, EK’s liability is limited, at EK’s option, to resupplying the service or paying the cost of having the service resupplied.
11.8 EK reserves the right to take action against providers who cause loss to users, including adjusting payouts, withholding commissions, suspending listings, recovering losses from provider funds, and terminating provider accounts.