Terms and Conditions

This terms and conditions is set forth between Audmaster Technologies Pty Ltd and the end user of the Tinycart Ecommerce website.

Registration

By registering as a user you agree to be bound by the terms and conditions as specified below.

Terms and Conditions

Before registering as a user, you must agree to read the terms and conditions of your use of the website and TinyCart services. On completing the registration process, you agree that you have read and understood all of these terms and conditions.

The Terms and Conditions refer also to any additional terms, conditions, offers, notices and disclaimers published on the website and any documents available for download on the website for the TinyCart services.

Through your use of the website and TinyCart services, you acknowledge and agree that the Terms and Conditions constitute the rules and conditions of access to, use of and supply of information from the website.

Please take time to review this document. If you use or continue to use the website and/or services provided by TinyCart you acknowledge and agree that you accept to abide by and be bound by the Terms and Conditions and any changes made by TinyCart or any authorised officer, agent, employee or contractor of TinyCart to the Terms and Conditions from time to time.

From time to time the Terms and Conditions may be amended without notifying users. It is the responsibility of you as a user to ensure that you regularly review the website and the Terms and Conditions prior to using our services each time. Your continued use of our services after any such changes will be deemed to constitute your acknowledgement and acceptance of those changes.

From time to time the website will generate automated emails to registered users. Should you no longer wish to receive our emails, you may click on the unsubscribe link located in each email.

General Information Only

The information, opinions and other similar statements and content published on the website are provided for information purposes only and are not intended as, nor do they constitute legal, financial, taxation, technical or expert advice or to be in any way relied upon by you without undertaking your own independent verification. Information provided on the website has been derived from sources believed to be accurate at the time of compilation and no warranty or representation is made as to the accuracy or authenticity of the content of the website.

TinyCart and its directors, agents or employees do not accept and are by these Terms and Conditions released by you of any liability to you arising (whether directly or indirectly) out of the information provided on the website or anyone else through the website or any errors in, or omissions from information on the website.

TinyCart does not make any representation or warranty that any user, tradesperson or service agent is reputable, or will act in good faith, or according to their terms of engagement; any information on the website will be complete, reliable or accurate; or your access to the website will be secure, available or uninterrupted.

TinyCart disclaims and will not be liable for loss arising out of (whether directly or indirectly) and action or decision by you in reliance on the information on or provided to you through the website or provided by any business you engage on the website, nor any interruption, delay or impairment in the functioning, operation or availability of the website, exposure to or transmission of any computer virus, internet access difficulties in connection with the website, or malfunction in equipment or software.

You should seek legal or other professional advice before acting or relying on the information set out on or provided to you through the website or provided by any business you engage on the website.

Information on the website is for general information only.

As a user of the website, you should make your own inquiries and obtain independent advice based on your specific circumstances prior to making any decisions.

Your Conduct

As a user of the website, you indemnify TinyCart for any loss or damage or costs arising (whether directly or indirectly) out of any breach of the Terms and Conditions; any other legal obligation by you or your use of or conduct on the website; or any negligent actions by the tradespersons or service agents accepted via the TinyCart website.

Limitation of Liability

TinyCart excludes all conditions and warranties that may be implied by law. To the extent permitted by law, TinyCart’s liability for breach of any warranty or condition (implied or otherwise) which cannot be excluded is restricted, at TinyCart’s option, to the re-supply of the relevant TinyCart service or a refund in accordance with the Refund Policy published below.

As a user of the website, you expressly agree and acknowledge that in no circumstances will TinyCart be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of any nature arising (including but not limited to any act or omission by TinyCart) which result from:

1. The use or access to or any inability to use or access the website or any material on the website;

2. Unauthorised access to your user account, or internet transmissions or data; or

3. Statements or conduct of any third party on the website.

Disclaimer

By using the website you agree to abide by and acknowledge the following disclaimer.

TinyCart are not involved in the actual transaction between business users and customers who contract their services after first being introduced via the website.

We have no control over the quality, safety or legality of the items or content posted on the website by any user, the truth or accuracy of any posting, the ability of businesses to provider services or the ability of customers to buy services. We cannot censure and do not guarantee that a customer or business user will actual complete a transaction or act lawfully in using the website.

TinyCart cannot and does not confirm each business user’s purported identity.

In the event that you have a dispute with one or more users of the website, you release TinyCart (and our directors, agents, contractors, affiliates, parents, subsidiaries, and employees from claims, demands and damages of every kind and nature arising (whether directly or indirectly) out of such dispute.

TinyCart sends emails and notices regarding the status of your matters and your user account. Our emails and notices do not represent any guarantee or endorsement of your transactions. You are responsible for completing all transactions in which you participate (including monitoring the status of, and complying with all relevant legal and other obligations). We do not control, endorse or approve the services provided by the users of the website.

You acknowledge and release TinyCart in the event that you deal with underage persons or people acting under false pretence.

Warranty

You agree to accept the sole responsibility for the legality of your actions used the laws that apply to you. You agree that TinyCart have no responsibility for the legality of the actions of users of the website or TinyCart services.

Indemnity

You indemnify and release TinyCart and its directors, employees, agents, contractors, affiliates from and against any claims, demands, proceedings, losses and damages of every kind and nature including reasonable solicitor’s fees, made by you or any third party due to or arising (whether directly or indirectly) out of your breach of these Terms and Conditions or your violation of and law or the rights of a third party.

No Agency

You and TinyCart are independent contractors and no agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or intended by this Terms and Conditions agreement or your use of the website or TinyCart services.

User Information

As a user of the website you must provide TinyCart with complete, up to date and accurate information as requested and it is your responsibility to inform TinyCart of any changes to that information. All personal information you provide to TinyCart as a user will be treated in accordance with the Personal Information & Privacy Policy shown below.

TinyCart reserve the right to modify or delete any general information you submit to the website in order to enhance the services we provide to you and other TinyCart users.

Username & Password

To become a member of TinyCart, you will nominate a username and password. Your username must be a valid email address.

You are entirely responsible for all activities that occur under your username and password. You must ensure these remain confidential at all times.

You must notify TinyCart immediately if you become aware of any unauthorised use of your username and password.

Each username and password must be used by a single individual and is not transferrable.

Phone Recordings

TinyCart reserves the right to record phone calls between you and TinyCart employees or agents for training purposes. 

Personal Information & Privacy

TinyCart collects personal information from a variety of sources, including from members of the public, advertisers, mailing lists, contractors and business partners.

In general, the personal information TinyCart collects includes (but is not limited to) name, address, contact details, drivers licence, passport and, where relevant, financial information, including credit card information, banking details and income information.

TinyCart stores the personal information you enter on the website. TinyCart obtains most personal information through the website registration process outline above. You may, however, provide information through a variety of different means (for example if you contact TinyCart via email, respond to a survey published on the website or third party survey used by TinyCart, or answering questions asked by staff or agents of TinyCart over the phone).

The website uses cookies which contain information by which TinyCart can identify your computer (or other devices you use to access the website) to our servers and the servers of third parties contracted by TinyCart including, but not limited to, third parties providing analytical and advertising services. You may configure your browser so that you are notified before a cookie is downloaded or so that your browser does not accept cookies. TinyCart may use information contained in cookies to make assumptions about the user of the device and to provide users of that device with focused advertising that TinyCart believes may be of interest, based on that information. You can disable cookies through your Internet browser.

TinyCart endeavours to collect personal information about an individual only from that individual. In some circumstances TinyCart may obtain personal information from a third party or check your details against records kept by other parties. If you provide personal information about another person to TinyCart, TinyCart requires that you inform that person you have done so and provide them a copy of this Personal Information & Privacy policy.

How TinyCart uses your Personal Information

TinyCart may use your personal information for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection. TinyCart generally uses personal information to:

1. Personalise and customise your experience on the website;

2. Help TinyCart manage and enhance its services;

3. Communicate with you by email, SMS message or telephone; and

4. Provide you with ongoing information about opportunities on the website which TinyCart believes you may be interested by email, SMS message or telephone.

Management & Security of Personal Information

TinyCart protects the users’ personal information in accordance with the Terms and Conditions and the Commonwealth Privacy Act.

TinyCart may retain any personal information you provide during your use of the website, including, but not limited to, copies of identification documents, for a minimum period of 12 months after your last interaction with the website. After 12 months TinyCart will delete, or anonymise, on your request, specific personal information from our servers, files, and databases, unless TinyCart are required by law to retain that information.

Updating Personal Information

TinyCart endeavours to ensure the personal information it holds is accurate, complete and up-to-date. It is the user’s responsibility to update their personal information as needed.

Accessing Personal Information

You have the right to seek access to the personal information TinyCart holds about you and to advise TinyCart of any inaccuracy. There are some exceptions to this right set out in the Privacy Act.

If you make an access request, TinyCart will ask you to verify your identity and specify what information you require. TinyCart may charge you a fee to cover the costs of meeting your request.

Licence to Use Your Information

Solely to enable TinyCart to use the information you supply us with, so that we are not violating any rights you have in that information, you agree to grant us a non-exclusive, worldwide, irrevocable, perpetual, fee-free right to exercise the copyright and other intellectual property rights you have in that information in any format (including, but not limited to, any text, photographs, graphics, video or audio). You agree that TinyCart can use that content in any way, now and in the future. TinyCart also reserves the right not to use the content that you submit. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law within Queensland or Australia. You indemnify TinyCart against any and all legal fees, damages and other expenses that may be incurred by TinyCart as a result of a breach of this warranty. TinyCart will only use your information in accordance with our Personal Information & Privacy Policy.

Feedback Ratings & Comments

TinyCart allows users of the website to rate and comment on the performance of TinyCart business users whose business services they have either contracted, or have experienced in the course of evaluating the business user’s suitability for a job.

TinyCart reserves the right to publish or not to publish those ratings and comments (feedback) on the website at its absolute discretion.

TinyCart reserves the right to delete or modify feedback submitted on the website at any time for any reason.

TinyCart will delete or modify if it is clear that, in the opinion of TinyCart, the feedback is factually incorrect, does not relate to the provision of business services by the business to the user who submitted feedback, or is for a business that has since been sold to or taken over by new management. Feedback may also be deleted if the business in question performed the service for the customer more than six months prior to leaving feedback.

TinyCart reserves the right to aggregate each businesses feedback into a percentage score and publish that score on the website.

Certain types of feedback may be considered defamatory of the reputation and standing of individuals and businesses. You acknowledge and agree that TinyCart accepts no responsibility for liability, damage, injury or loss that may arise from feedback submitted to or published on the website, and you, by these Terms and Conditions, release forever and indemnify TinyCart from any liability it may incur arising out of (whether directly or indirectly) any feedback you post on the TinyCart website.

Further you agree that, if you or anyone else commences or threatens any action or proceeding against TinyCart or makes any claim or demand against TinyCart as a result of any feedback you submit to the website, TinyCart may, in it’s absolute discretion, without any notice to you immediately cancel or suspend your membership of the website.

Breaching Our Terms and Conditions

Without limiting other remedies available to TinyCart at law, in equity or under this Terms and Conditions, we may, in our sole discretion, immediately issue a warning, temporarily suspend or terminate your membership and refuse to provide services to you if:

1. You breach these Terms and Conditions or Personal Information & Privacy policy;

2. We are unable to verify or authenticate any information you provide to us; or

3. We believe your actions may cause legal liability to you, TinyCart users or TinyCart.

Termination of User’s Account with TinyCart

TinyCart may at its discretion terminate your use or, or access to, the website at any time. If this happens we may notify you by email. If your use of the website is terminated:

1. You are no longer authorised to access the website or use any other TinyCart services with the email address you used to register with the site or any other email address you possess;

2. You will continue to be subject to and bound by all restrictions imposed on you by the Terms and Conditions; and

3. All licences granted by you and all disclaimers by TinyCart and limitations of TinyCart’s liability set out in the Terms and Conditions or elsewhere on the website will survive.

Customer Support & Complaints Policy

TinyCart make a considerable investment in staff and technology to help answer customer support questions and respond to complaints. Our staff will endeavour to process questions or complaints from registered users of the website according to the following policy:

1. TinyCart will attempt to resolve any customer complaints and answer any questions within 1-3 business days of the first contact made by a customer.

2. Technical complaints or product development suggestions will be considered for future software upgrades. Your suggestions may not result in changes to the software or TinyCart business practices.

3. All other complaints are reviewed by TinyCart customer support representatives and may be escalated to a manager for resolution if required.

4. TinyCart reserves the right not to respond to customer support questions or complaints that offend TinyCart employees or agents.

5. TinyCart reserves the right not to respond to questions or complaints made by individuals who, in the opinion of TinyCart, are not current users of the website, or have been suspended from using the website.

Dispute Resolution Policy

TinyCart will use reasonable endeavours to mediate any dispute concerning the use by parties of the website.

Disputes in relation to the actual services carried out by a business or any other issue will be referred, where appropriate, to external dispute resolution services or authorities.

Suspension and Termination of Business User Accounts

Business users of the website may have their access to the website and TinyCart services suspended for any length of time for any breach of the Terms and Conditions, as well as, but not limited to, any of the following reasons:

1. Providing false or inaccurate information during business registration or when quoting on the website;

2. Providing false or inaccurate information to TinyCart employees or agents;

3. Receiving in aggregate more than 2 negative feedback ratings or complaints from other website users in relation to services contracted by the users who initiate the negative feedback or complaint (2 strikes and you’re out policy);

4. Acting as an agent of another business or individual who is not a current paying business member of the website without the written approval of TinyCart; and,

5. Submitting quotes via any means to any other person or entity for work that the business user is not qualified, or licenced to perform.

Cancellations of Paid Business Memberships

Users of the website that pay for membership (paying businesses) are entitled to contact, and offer quotes to, other website users who have submitted a job listing on the website matching the paying business’ industry and geographic settings.

Paying businesses can cancel their membership at any time during business hours at least 2 business days before the next billing date indicated on the account.

Paying businesses that have prepaid for any length of time will not be refunded for the unused portion of their membership in accordance with the Refunds Policy.

Paying businesses who are billed on a recurring cycle will not be charged further provided they cancel online or advise TinyCart of their intention to cancel their membership before 5pm on the last business day before their next membership payment is due. TinyCart will publish the date of the next upcoming charges for recurring payments on the website within a paying business’ user account.

Refunds Policy (Business)

Paying businesses can access the quoting and messaging facilities on the website. Paying businesses agree that all products/services are non-refundable at the time that payment is made.

If you are dissatisfied with the website or TinyCart services you are free to discontinue using the website, and as such membership fees or other payments you have made to TinyCart are not subject to refunds.

In the case of an event not specifically covered in the Refund Policy, refunds will be given at the discretion of TinyCart.

Refunds paid in accordance with this Refund policy will be paid within 60 business days via the same method the payment to be refunded was made to TinyCart in the first instance.

Business users who claim a refund from their credit card provider or bank without contacting our Customer Support team first (unauthorised refund) will have their paid membership immediately suspended. TinyCart may issue an invoice to recover up to the full value of any unauthorised refund to the relevant business user. TinyCart may contract a debt collection agency or use other legal means to recover unauthorised refunds. TinyCart may charge you interest plus any costs we incur as a result of collecting your payment. 

Updates to the Website

TinyCart may from time to time and at any time change or discontinue any feature of the website including content, hours or availability and equipment required for access.

Arbitration

Any controversy or claim arising out of or in connection with these Terms and Conditions may at our discretion be settled by binding arbitration through a commercial dispute resolution centre selected by us. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator of the dispute.

Promotions & Competitions

If TinyCart run promotions or competitions involving the awarding of prizes or other gifts, TinyCart may modify the Terms and Conditions and implement additional terms and conditions, which will be communicated to you by posting them on the website at the time of such promotions and competitions.

Discount Codes and Promotions

TinyCart may at its discretion run promotions which entitle you to a discount on services purchased through the website. A promotion will entitle you to a discount (for e.g $20 or $50 off) any 1 service you hire and pay for through the TinyCart website and the following terms and conditions apply:

1. Any such discount code or promotion cannot be applied to jobs posted prior to the release of any such discount code or promotion or to jobs posted after the expiry of the discount code or promotion.

2. Any such discount offered will not apply to services transacted outside the TinyCart website, for e.g if you pay the business in cash or via EFT or cheque.

3. Discount code and promotions are not transferable or redeemable for cash.

4. To apply a promo code or discount, you must visit the URL specified prior to posting your job and must pay for the service through the TinyCart website

5. The promotion or discount code will be valid until the termination date communicated to you by email, on the flyer or on the landing page that you are instructed to visit for the purposes of redeeming the discount or utilising the promotion.

6. If the discount code or promotion specifies a minimum price of the service, you acknowledge that such discount code or promotion will not be available to you if the service you book and pay for through the website is below that minimum value.

7. A discount code or promotion is only valid for one transaction per customer.

8. If the discount code or promotion stipulates that you must be a new customer of TinyCart, you agree not to set up a new account for the purpose of utilising the discount code or promotion and that if we detect any fraudulent activity, you acknowledge and agree to be charged (on the credit card you use to pay for the service) an amount that corresponds to the value of the discount or promotion that you redeem in contravention of these terms and conditions.

9. We have the right to amend or withdraw this promotion at any time and for any reason without prior notice to you.

Third Party Links & Advertising

TinyCart may display advertisements, which may or may not contain hyperlinks or buttons which take you to websites operated by third parties. TinyCart does not endorse or recommend its advertisers, their products or services, or the information, products or services of any website linked to the website.

If you contact a third party through the website, including via email, TinyCart accepts no responsibility for any actions taken by that third party in connection with you as the user.

ZIP Money Pty Ltd Financial Conditions

TinyCart from time to time may offer promotions to its customers from ZIP Money Pty Ltd. Any offer provided will adhere to ZIP Money Pty Ltd terms and conditions as outlined at Zip Money.

Identity Check

As a business member of TinyCart you’ll need to confirm your identity if you continue to quote on work for more than 2 days after first registering. If you can’t confirm your identity by then you won’t be entitled to a refund.

Objectionable content

You may not post nude, partially nude, pornographic, sexually suggestive photos, violent, discriminatory, hateful, unlawful or infringing content via the website or Apps.

You must not stalk, bully, abuse, threaten, harass, defame, impersonate or intimidate people or entities and you must not post private or confidential information via the website and Apps, including, without limitation, your or any other person’s credit card information, non-public phone numbers or non-public email addresses.

Early Termination of Contract

Once your domain goes live with your own domain (no more a sub domain of Tinycart's primary domain), your minimum contract period is 12 months. After 12 months from this service start date, you may decide to end your service contract with Audmaster Technologies. If you wish to discontinue your service before the end of this contract period, you will be charged a half payment of the remaining full month's subscription price.