Effective Date: 25th November 2020
These terms and conditions (hereinafter “Terms”) govern your use of our Services and your use of the Website “www.sugartooth.co” (which is hereinafter referred to as “the Website”), as well as the mobile application “Sugartooth” when it may be made available (hereinafter referred to as “the App”).
The Website and App are owned and operated by Nisan One Pty Ltd. (ABN 54 608 365 984), trading as Sugartooth App (“Sugartooth”, “us”, “we”, “our”).
These Terms constitute a binding contract between you and us.
If you continue to use the Website, the App, or our Services, regardless of whether or not you advertise or purchase any Products, you acknowledge that you have been given the chance to review the Terms. You acknowledge that you understand the Terms and that you agree to be bound by the Terms.
If you do not understand the Terms, if you do not agree to be bound by the Terms, or if you need more time to review and consider the Terms, then you must stop using the Website and the App immediately.
We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time.
“App” means the mobile application “Sugartooth” which may be made available from the Website as well as the Google Play Store and the Apple App Store.
“Buyer” means anyone purchasing goods or services through or using our App or Website.
“Content” means any and all material, links, words, images including but not limited to any goods and services the User submits, advertises or links to or on the App or Website.
“Platforms” means the Website and the App collectively.
“Product” means any product sold by a Seller to a Buyer via our Platforms.
“Seller” means anyone offering, advertising, listing or selling goods or services through our App or Website.
“Services” means a classified service whereby Sellers can advertise their goods and services and Buyers can make purchases through our App.
“We”, “our” and “us” or “Sugartooth” means Nisan One Pty Ltd (ABN 54 608 365 984), t/a Sugartooth App, and includes all directors, employees, contractors and affiliates.
“You” and “User” means the individual or business and includes any advertiser or person using the Website, the App or our Services. By using our Website, the App or our Services this individual or business agrees to these Terms.
ROLE OF SUGARTOOTH
We provide a platform to connect dessert businesses and caterers with customers. We are acting as a neutral facilitator only by providing an information and classified service that brings together Buyers and Sellers. We are not a party to any transaction between any Buyers and Sellers that may originate on or through the Platforms.
By continuing to use the Platforms you warrant and acknowledge that you have reviewed, understand and that you agree to be bound by the Terms. If you do not understand the Terms or do not agree to be bound by them then you must stop using the Platforms immediately. We only agree to provide use of the Platforms to you if you agree to these Terms.
By continuing to use the Platforms and Services you represent and warrant to us that you have legal capacity to enter these Terms.
ADVERTISING YOUR GOODS AND SERVICES
As a Seller, you must register and claim your business using our online form. We will then provide you with a login to your own Sugartooth listing.
FEES FOR SUBSCRIPTIONS
Under our free subscription model, you are able to:
- Register and claim your listing;
- Add your own photographs, videos, menus, price list, product order information, delivery policy, contact information, links to your website, and any other relevant information to your listing;
- Receive customer reviews;
- Communicate with customers and accept orders.
Depending on your subscription model, you may need to purchase a license or subscription. Any applicable fees will be communicated to you via the Website during the registration process.
We may add additional features in future, for which fees may apply. Please check these Terms for any updates regarding features and applicable fees.
As a Seller, in the event that fees apply to your subscription, you are required to make payment for the subscription fees in accordance with our invoice terms. All subscription fees must be paid within 7 days of invoice due date. We reserve the right to suspend any advertisement and subscription in the event any account is in arrears and payment is not received.
There will be no refunds or credit for fees, partial months of service, upgrade/downgrade subscription refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
In the event that fees apply to your subscription, subscription fees will be automatically renewed each month unless the subscription is cancelled in accordance with the below Cancellation terms.
REGISTERING FOR OUR SERVICES
As a Seller, in order to use our Services and our Platforms, we require you to register and claim your business and we will provide you with a login to set up your shop. You must at all times, keep your registration details accurate and up-to-date. You will not share your password or login details with any other person. Any breach of these terms will result in termination in accordance with our below Cancellation and Termination clause.
You must pay any applicable subscription fee on time in accordance with our invoice terms in order to be able to advertise your products or services on the Platforms. Any late payment may result in your subscription and account being suspended without notice.
By submitting any Content to the Platforms, you represent that you have the ownership rights and title to this information and material, and you have the right to advertise and sell it. You also represent that you are not breaching any regulations, restrictions or third party rights.
By using the Platforms and our Services, you authorise us to use, reuse and to grant others the right to use and reuse your Content and any reproduction or similar in any form of media or technology for any purpose related to the Platforms.
You acknowledge, agree and undertake that you shall be the legally responsible party for any Content placed by you in respect of any legal proceedings of any competent jurisdiction worldwide. You agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of any Content placed by you on our Platforms or for any action or inaction by you using our Services.
In addition, you agree to fully indemnify us for any and all claims as a result of your use of our Platforms or Services or for any third party claims which may result from your Content, or any business you conduct with any other user. We are also not responsible for any claim by any third party which may be a result of your links, material or Content on your website, business or otherwise.
LICENCE TO USE PLATFORMS
Subject to these Terms, we grant you a license to use the Platforms. The license created under these Terms is non-exclusive, limited, non-transferable, worldwide and revocable.
You may not use the Platforms for any purpose other than in accordance with the license that is provided under this clause, and this license to use the Platforms terminates upon your cessation of use of the Platforms or upon termination of these Terms.
AGE AND LOCATION RESTRICTION
In order to use the Platforms, you must be aged at least 18 years.
You are not permitted to use our Platforms or Services if you are resident or located in California, USA.
By using the Platforms, you represent and warrant that you are aged at least 18 years and are not located in or a resident of California.
We accept no responsibility or liability for any misrepresentation of your age or location.
YOUR GENERAL WARRANTIES AND ACKNOWLEDGEMENTS
In order to access and use our Platforms and Services, you agree to the below terms.
You warrant that:
- All information you provide is true, correct, up-to-date and accurate;
- You will not use our Services for any illicit, unlawful, fraudulent, inappropriate, offensive or otherwise illegal activities;
- You have the full legal capacity and authority to agree to these Terms on behalf of yourself and (if applicable) your organisation;
- You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;
- You will not transfer, sublicense or grant access to any of our Services to any other person, company, business or other organisation except as agreed in these Terms; and
You acknowledge and agree:
- We are a facilitator only for the purposes of permitting businesses and individuals to post their advertisement using our Platforms;
- We are not a party to any contract or relationship between a Buyer and a Seller, notwithstanding that they may have met or communicated via our Platforms;
- We are not responsible for, nor affiliated with any particular Buyer or Seller beyond providing the Services;
- Any disputes, issues, dealings and complaints are to be dealt with directly between the Buyer and Seller and we are not to be involved;
- The Platforms use third party vendors and partners to provide the necessary software, hardware, service and storage;
- It is your responsibility to keep your contact and payment details up to date. If we do not receive prompt payment in accordance with these Terms, we have the right to suspend your subscription.
We make no warranty that the Platforms or our Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will do our best endeavors to ensure the Platforms are always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the Platforms become unavailable for any lengthy and unusual time period.
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Platforms or the Services:
- For any unlawful purpose;
- To solicit others to perform or participate in any unlawful acts;
- To violate any international, federal, or state regulations, rules, laws, or local ordinances;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- To upload, post, host or transmit unsolicited material or messages to the Platforms;
- To submit false or misleading information;
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platforms or the Services, or of any other websites, or the internet;
- To post or transmit any malware, viruses, worms, trojan horses or any other contaminating or destructive code, or to otherwise interfere with the proper working of our business, the Platforms or the Services;
- To collect or track the personal information of others;
- For any obscene or immoral purpose;
- To interfere with or circumvent the security features of the Platforms, the Services, or any other websites, or the internet;
- To spam, phish, pharm, pretext, spider, crawl, or scrape; or
- To attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of our business, the Platforms, or the Services.
We reserve the right to terminate your use of the Platforms, the Services or any related website for violating any of the prohibited uses.
Through your use of the Platforms or the Services, you may provide us with some of your personal information. By using the Platforms or Services, you authorise us to use your information in Australia and any other country where we operate.
We take our privacy obligations very seriously. We may use the information we collect about you to maximise the Services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles.
The Platforms allow users to sell and/or purchase food products. This section applies to you if you are a Seller.
We Aim to Excel
Our goal is to improve access to top quality, delicious and well presented Products.
We aim to give Buyers access to brilliant Sellers in their local area, and to give Sellers more options for growing their business.
If you are a Seller, then you must share our passion for excellence. If you are not willing to commit to these standards of excellence, then you will not be accepted as a Seller.
If you operate as a Seller, you warrant that you will commit to these standards of excellence and any other standards and policies set out in these Terms or as communicated to you by us from time to time.
You must not do anything that adversely affects our reputation or goodwill.
If you operate as a Seller, you acknowledge and agree that the quality of your Products reflects on us. You hereby indemnify us (which, for the sake of clarity, also includes but is not limited to any of our employees, affiliates, agents or other representatives) and you agree to compensate us for any loss of business or loss of revenue which can reasonably be attributed to your failure to comply with these standards of excellence or any other standards and policies set out in these Terms or as communicated to you by us, or your failure to comply with these Terms or with any relevant safety standards or legal, regulatory, and licensing requirements.
Requirements for Sellers
If you operate as a Seller, you warrant, represent and agree that:
- You will, at your own expense, meet all relevant safety standards as well as legal, regulatory, and licensing requirements in relation to food safety and operating a food business in your local jurisdiction;
- You will at all times abide by and comply with all Australian Consumer Law (‘ACL’) legislation, including but not limited to prompt delivery, services and products, and you will fully indemnify us for any breach of the ACL, including any legal costs incurred in defending any claim;
- You will, at your own expense, at all times while operating as a Seller, maintain your food licence and continue to meet all relevant safety standards as well as legal, regulatory, and licensing requirements in relation to food safety and operating a food business;
- You will, at your own expense, obtain and maintain, at all times while operating as a Seller, product and public liability insurance with a reputable insurer, with a minimum coverage limit of $10 million per claim, or such other amount as notified by us in writing (“Insurance”);
- You will nominate us as an interested party under the Insurance;
- You will provide evidence to us, which demonstrates to our satisfaction that you have complied with this “Requirements for Sellers” clause including but not limited to a copy of your food license or food permit and evidence of your insurance upon request;
- You will complete our Seller application and submit it to us;
- You will immediately notify us and will immediately stop offering Products for sale via the Platforms in the event that you lose your food license or that you fail to comply with any relevant safety standards as well as legal, regulatory, and licensing requirements in relation to food safety or operating a food business;
- You will not do anything to void your Insurance and you will immediately notify us and immediately stop offering Products for sale via the Platforms in the event that any circumstances arise which cause your Insurance to be void;
- You will notify us of any change in ownership or control of your business (for example, if your restaurant or food business is sold to a new owner);
- You will register for GST and will remain registered for GST (if you are based in Australia) at all times while selling Products via the Platforms;
- You will only sell Products via the Platforms which have been approved by us;
- In the event that you sell or supply Products to Buyers via the Platforms, you will only do so on the terms and conditions set out in these Terms and on no other terms and conditions;
- You shall ensure that the product pricing on the Platforms will be the same as available on any other websites or apps including your own website or app;
- You shall regularly update Product prices and quantities and you assume any liability for incorrect prices or product quantity/availability (in case a Product gets sold out) or any other incorrect information on the Platforms;
- You shall ensure that a Buyer’s order is ready for collection or consumption at the time confirmed in the Buyer’s order and meet all other ACL requirements for your Product;
- The information you post or advertise on and through the Platforms is genuine, true and accurate;
- Any and all products, images, words, materials and anything you produce or create as a Seller is owned by you, you have full copyright ownership or license to use the material and it will not breach or infringe any third party rights;
- You will ensure that any Content you include on your advertisement, links or website complies with all applicable laws, codes and regulations and all material and Content you link to from our website is accurate, reliable, up-to-date, lawful, and not misleading;
- You also agree to ensure you, as a Seller, adhere to good practice service standards for the supply of goods and services to customers in a timely and responsive manner; and
- By using our services and contacting any Buyers through our Platforms, you represent that you are doing so in good faith, you have the ownership rights and title to all Products, and you will present all information in a true and correct manner to Buyers.
Product Standards and Descriptions
If you operate as a Seller, the following Product standards and provisions apply:
- You are responsible for setting the sale price for each Product that you offer via the Platforms;
- You are responsible for ensuring that all pricing information that is displayed via the Platforms is accurate and up to date. We will not be responsible for any pricing discrepancies;
- You are responsible for ensuring that your Products are appropriate for sale via the Platforms. This includes ensuring that the Products comply with all of your local laws, as well as these Terms and any of our policies;
- You are responsible for ensuring the safe preparation of your Products;
- You must ensure that all Product are prepared in accordance with any allergy warnings, and you must make sure to avoid any cross contamination of foods that pose allergy risks;
- You are responsible for determining the portion size, ingredients, preparation techniques and other characteristics of your Products;
- You must ensure that all Product descriptions and/or photographs that you provide are accurate and are not misleading;
- You must ensure that all nutritional information that you provide is accurate and is not misleading;
- If you modify or alter your Products from time to time you must update any descriptions and/or photographs to ensure that they continue to be accurate and not misleading; and
- You must ensure that Products are packaged in suitable boxes or containers.
Seller’s General Indemnity and Release
If you operate as a Seller:
- You hereby indemnify us (which, for the sake of clarity, also includes any of our employees, affiliates, agents or other representatives), you release us, and you agree to defend us and to hold us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs, losses and expenses (including legal costs and expenses on a full indemnity basis), direct or indirect, which may arise from or relate to:
- Your operating as a Seller via the Platforms, including but not limited to any claims which may arise in relation to food poisoning, food safety, allergies, failure to comply with any relevant safety standards as well as legal, regulatory, and licensing requirements in relation to food safety and operating a food business;
- Any other failure by you to comply with these Terms;
- Any agreement that is formed between you and a Buyer for the purchase of any Product by a Buyer from you;
- Any product supplied by you to a Buyer;
- Any order accepted by you;
- The publication of any of your information on the Platforms;
- Any reliance by a Buyer on the descriptions of Products or any of your other information that appears on the Platforms;
- You agree that we may select our own legal representation and may participate in our own legal proceedings if we choose; and
- You hereby indemnify us (which, for the sake of clarity, also includes any of our employees, affiliates, agents or other representatives) you release us, and you agree to defend us and to hold us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs, losses, loss of revenue, business interruption, and expenses (including legal costs and expenses on a full indemnity basis), direct or indirect which you may incur in connection with your use of the Platforms, or any unavailability of the Platforms and any breach of these Terms.
If you operate as a Seller, you acknowledge and agree that:
- We reserve the right, in our sole discretion, to remove any Seller, or any Seller’s information from the Platforms at any time;
- We reserve the right, in our sole discretion, to remove any Product from the Platforms at any time;
- We are not obliged to display, promote or advertise your Products via the Platforms at all times;
- We retain the absolute and unconditional right to determine the nature of all other businesses using the Platforms and all Products offered for purchase (including Products that are the same or similar to the Seller’s Products);
- We retain the absolute and unconditional right to determine the manner in which the Platforms are presented;
- From time to time, the Platforms, or some features of the Platforms, may be unavailable. We make no warranty that the Platforms will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will endeavour to ensure the Platforms are always available and virus free but from time to time, and in some instances, this may not be the case. We are not responsible for any unavailability of the Platforms or any interruptions with the Platforms, and we are not responsible for any loss of revenue or business interruption which you may incur as a result of unavailability of the Platforms;
- You use the Platforms at your sole risk;
- We are a facilitator only for the purposes of permitting businesses and individuals to post their advertisement using our Platforms but we do not guarantee any business, increase in revenue, traffic or otherwise;
- Any Products or Services you provide through your business is provided under a direct contractual relationship between you and the relevant Buyer that may find you by visiting our Platforms. We are not a party to any contract or relationship between you and any Buyer;
- We are not responsible for, nor affiliated with any particular Buyer or Seller beyond providing the Services;
- We do not guarantee any business, increase in revenue, traffic or otherwise from the listing of your goods or services;
- Any disputes, issues, dealings and complaints are to be dealt with the Buyer directly and we are not to be involved. You agree to indemnify us for any claim which may result directly or indirectly from your action or inaction with any Buyer;
- By using the Platforms and our Services, you authorise us to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the Platforms;
- You will ensure that any Content you post complies with all applicable laws, codes and regulations and all material and Content you link to from our Platforms is accurate, reliable, up-to-date, lawful, and not misleading;
- Any Products you offer comply with the requirements of the Australian Consumer Law as set out in Schedule 2 of Competition and Consumer Act 2010 (CCA) including, but not limited to product safety standards;
- The Platforms may use third party vendors and partners to provide the necessary software, hardware, service and storage.
Seller’s Granting of Rights
If you operate as a Seller, you agree that by submitting any Content to us through the Platforms, you are licensing that Content to us under the limited scope of providing the Services. We may use and store the Content, but only to provide the Services to you. By submitting this content, you represent that you are the rightful owner of it, without any obligation to pay any fees or other limitations.
This section applies to you if you are a Buyer purchasing Products via the Platforms.
Buyer’s General Indemnity and Release
If you operate as a Buyer, you hereby indemnify us (which, for the sake of clarity, also includes any of our employees, affiliates, agents or other representatives), you release us, and you agree to defend us and to hold us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs, losses and expenses (including legal costs and expenses on a full indemnity basis), direct or indirect, which may arise from or relate to:
- You operating as a Buyer via the Platforms;
- Any failure by you to comply with these Terms;
- Any agreement that is formed between you and a Seller for the provision of any Product by a Seller to you;
- Any Product supplied to you by a Seller;
- Any order placed by you;
- The publication of any of your information on the Platforms;
- Any reliance by you on the descriptions of Products or any other information that appears on the Platforms.
You agree that we may select our own legal representation and may participate in our own legal proceedings if we choose.
If you operate as a Buyer, you hereby indemnify us (which, for the sake of clarity, also includes any of our employees, affiliates, agents or other representatives), you release us, and you agree to defend us and to hold us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs, losses, loss of revenue, business interruption, and expenses (including legal costs and expenses on a full indemnity basis), direct or indirect which you may incur in connection with your use of the Platforms, or any unavailability of the Platforms.
If you operate as a Buyer, you acknowledge and agree that:
- We reserve the right, in our sole discretion, to remove or ban any Buyer from the Platforms at any time;
- You use the Platforms at your sole risk;
- While we always strive to provide up to date information on the Platforms, from time to time, Products which are visible on the Platforms may not be available. Product information on the Platforms is indicative only and we take no responsibility for Products which are not available;
- In the event that you have any dietary requirements or other special requirements (hereinafter “Requirements”), you are solely responsible for communicating these Requirements with the Seller, and for ensuring that these Requirements have been met and accounted for in the preparation of your Product;
- We do not prepare any Products and we have no control over the preparation of any Products; and
- We do not make any guarantees or representations regarding the quality of any Products or the accuracy of any descriptions or photographs of any Products.
Disclaimer for Allergies
Please be aware that there is always a risk of allergens that may be transferred during food preparation and processing.
We do not guarantee that any Products that are available via our Platforms are free from any traces of any allergens.
We are at no time responsible for any illness, injury, medical or other health condition that may arise or you may suffer as a direct or indirect result of any issue with any allergic reaction.
Should you develop, or suspect you may have, any symptoms, side effects or allergic reactions from consuming any particular Product, you should promptly contact your medical professional.
DELIVERY, REFUNDS AND PRODUCT ORDER CANCELLATION
We do not handle delivery of Products, refunds for Products or cancellation of your order. We are a third party facilitator only for the purposes of matching Buyers and Sellers and we are at no time involved in any order, delivery or other Product processes. Your order, as a Buyer, and any contractual obligations are direct between Buyer and Seller. We are at no time to be involved and any terms of Product order or sale are that of the Seller. Buyers need to familiarise themselves with any specific Seller terms of sale.
CANCELLATION AND TERMINATION OF SUBSCRIPTION
Cancellation by You
In the event that you are a Seller and you wish to cancel your subscription, you may do so by notifying us in writing using the email address listed in the “Contact Us” section of these Terms.
You can cancel your subscription at any time. You need to cancel your subscription at least 30 days prior to the next payment due date to ensure you will not be charged for the subsequent subscription fee. On cancellation of your subscription, all of your Content, material and links will be deleted. We do not provide refunds for any unused periods or pre-payment of any subscription.
We are, however, at no time responsible to you or any third party for any deleted files, advertisements, data or other information that may have been deleted, lost, corrupted by you or us accidentally or intentionally or have otherwise become unavailable prior to or after your advertisement cancellation.
Cancellation by Us
We have the right to terminate your use of our Services or the Platforms for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the Platforms with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
If we have reasonable grounds to suspect the information you provide in any Content you provide is untrue, inaccurate or incomplete, or that you have breached any Terms, if your Content is offensive, or for any other reason including if, in our opinion, you have acted in a way which is inconsistent with the purpose and vision of Sugartooth, at our sole discretion we have the right to immediately withdraw your information links and terminate your account. We may also deny the use of the Platforms and Services to you in the future in the event of any breach.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms.
In the event of any breach of our Terms or termination of your subscription, we are not required to provide any refund or part thereof.
We reserve the right to take any of the following actions in our sole discretion:
- Monitor, review, edit or delete any Content which you have added, uploaded or posted to the Platforms, whether or not you have breached these Terms;
- Record any correspondence that takes place on the Platforms;
- Review any allegations about breaches of these Terms, and determine in our sole discretion whether to take any action in response to those alleged breaches, including removal of any Content in relation to those alleged breaches; and
- Determine in our sole discretion whether to terminate your or another user’s access to any particular section or sections of the Platforms.
VARIATION OF TERMS
You hereby acknowledge and agree that these Terms may be varied or amended from time to time in our sole discretion. If you continue to use the Platforms following any such variation or amendment you will be deemed to have confirmed and agreed to the new Terms as varied or amended.
You agree to routinely monitor these Terms and to refer to the Effective Date posted at the top of these Terms in order to monitor any modifications or variations. You further agree to clear your cache when doing so in order to avoid accessing a prior version of these Terms.
In the event that you fail to monitor any modifications to or variations of these Terms, you agree that such failure shall be considered an affirmative waiver of your right to review the modified or varied Terms.
THIRD PARTY LINKS
You hereby acknowledge that we may from time to time include links or references to other websites or apps, other content or other materials (hereinafter “Third Party Links”), none of which are controlled by us.
You hereby acknowledge that these Third Party Links are provided for your information only and that we do not make any representations, warranties or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality or suitability for a particular purpose of these Third Party Links. We do not endorse, approve or support these Third Party Links. You use the Third Party Links at your own risk.
AFFILIATE MARKETING AND ADVERTISING
Through the Platforms, we may engage in affiliate marketing whereby we receive a commission on or a percentage of proceeds of sales of Third Party goods and services that occur through our Platforms.
Through the Platforms, we may accept advertising and sponsorships from commercial businesses whereby third parties pay us to advertise on the Platforms, or we may receive other forms of advertising compensation.
CHANGES TO WEBSITE AND APP
You acknowledge and agree that we may, in our sole discretion, vary, alter, amend, change or update the Platforms at any time.
You acknowledge, agree and accept that the Platforms may be unavailable from time to time (whether they are unavailable due to maintenance or for any other reason).
You acknowledge, agree and accept that we take no responsibility for, and to the maximum extent permitted by law we shall not be liable in any way for, the Platforms being temporarily unavailable, whether due to reasons within our control or not.
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Services or any advertisement on our Platforms.
You acknowledge and agree that we are a facilitator only and we are not in any way responsible for the conduct of any third party providers involved in the delivery of Services or Products (including but not limited to any Sellers).
We are in no way to be held liable, directly or indirectly for any loss, injury or damage that may result from any reliance on any advice, information or otherwise indirectly related to the use of our Platforms or Services.
Our liability is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom, or statute are expressly excluded by these Terms.
Under this limitation of liability clause, you agree and acknowledge that we are not liable for any reliance by you on any information that you receive via the Platforms or the Services, and we are not liable for any loss or damage which may result from your access to or inability to use the Platforms or the Services.
You assume all risk in using the Platforms and the Services and we cannot be liable for your use of or reliance on any Platforms or Services. While we endeavor to keep the Platforms up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any of the Platforms or Services for any particular purpose and we provide them for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.
AUSTRALIAN CONSUMER LAW
Certain legislation including the ACL as set out in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Platforms or the Services will be provided with due care and skill and fitness for a particular purpose.
When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:
- The supply of any services again; or
- The payment of the cost of having any services supplied again
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
We act as a third party facilitator only and are not a party to any relationship between any Buyers and Sellers.
By using the Platforms and the Services, you agree and acknowledge that you do so at your own risk. You agree to address any and all problems, concerns and issues with any goods or services directly with the relevant Buyer or Seller with which you are dealing, and that we are not liable for any action or inaction of the individual Buyers or Sellers.
In the event of any claim by any Buyer or third party against us resulting either directly or indirectly from your Products or other goods or services sold on or through our Platforms, you agree to indemnify and take over any such claim.
All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Sugartooth.
Any Content or materials you may access on or through our Platforms or the Services or that we may distribute from time to time are owned by and the intellectual property of Sugartooth. You are expressly forbidden from sharing, distributing, transmitting, transferring, uploading, selling, licensing, republishing, reproducing in any manner, any of our Content, materials or intellectual property at any time without our express permission.
You are solely responsible for obtaining written permission before re-using any copyrighted material that is available via the Platforms, or the Services. Any unauthorised use of these materials may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
THIRD PARTY INFRINGEMENT
In the event that you become aware of any infringement or any threatened infringement of any of our intellectual property rights in relation to the Platforms or the Services, or of any common law ‘passing off’ in relation to any of our intellectual property rights, (for example, if you discover that one of your employees or any other person is engaging in this conduct) then:
- You must immediately notify us of such infringement or ‘passing off’; and
- You must take all reasonably necessary steps, including executing all necessary documents, and must cooperate in good faith, in order to protect and enforce our intellectual property rights.
None of our powers or rights created under these Terms shall be deemed to have been waived by any act or acquiescence by us. Our powers or rights under these Terms may only be waived by us in writing. No waiver by us of any power or right under these Terms shall constitute a waiver of any other power or right or of the same power or right on a future date. Our failure to enforce any provisions of these Terms shall not constitute waiver of such provision or any other provision.
If any provision of these Terms is held to be unenforceable, then these Terms will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of these Terms, valid and enforceable. If a court declines to amend these Terms as provided herein, the invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in these Terms.
SURVIVAL OF OBLIGATIONS
Notwithstanding any other provisions of these Terms, at the termination, expiration or completion of these Terms, any provisions of these Terms which would by their nature be expected to survive termination, expiration or completion shall remain in full force and effect, including but not limited to any provisions which are explicitly stated to survive termination, expiration or completion.
These Terms are governed by the laws of New South Wales, Australia which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia for determining any dispute concerning these Terms.
You can contact us about these Terms at [email protected]