Terms & conditions
Last updated on 27/11/18
The Platform is a passive medium that facilitates the introduction of:
users of the Platform who are or represent sellers of giftware, lifestyle products and other items, who post listings on the Platform (Service Providers); and
users of the Platform who are seeking to purchase giftware, lifestyle products and other items (Customers).
Please carefully read these terms including the disclaimer at clause 1.12. If you do not agree to these terms, please do not use the Platform.
We may change these Terms at any time by updating this webpage, and your continued use of the Platform following such update will represent an agreement by you to be bound by the Terms as amended.
WHAT PARTS OF THESE TERMS APPLY TO ME?
The remainder of these Terms are divided into three parts:
Part 1 (All Users), which sets out terms that apply to all Users, including Service Providers and Customers (see pages 2 – 6 inclusive);
Part 2 (Service Providers), which sets out additional terms that apply to Service Providers (see pages 7 and 8); and
Part 3 (Customers), which sets out additional terms that apply to Customers (see pages 9 and 10).
If you intend to use the Platform as a Service Provider, only Parts 1 and 2 of these Terms will apply to you.
If you intend to use the Platform as a Customer, only Parts 1 and 3 of these Terms will apply to you.
PART 1: ALL USERS
(a) This Platform is not intended for use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent that you are over the age of 18 years and have not been suspended or prohibited from using the Platform. If you are under the age of 18 years, please do not access or use the Platform.
(b) If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so.
(a) In order to use most of the functionality of the Platform, all Users, both Service Providers and Clients, are required to sign-up, register and receive an account through the Platform (an 'Account').
(b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, photos and video, audio files, profile information, payment details, ratings and reviews, verified identifications, verified certifications and authentications, and other information as determined by Prazar from time to time.
(c) Your Account includes access to a live chat function which you may only use in accordance with these Terms and applicable laws.
(d) You warrant that any information you give to Prazar in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(e) Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your personal email address or telephone number to any other User.
(f) Once you complete the Account registration process, Prazar may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
(g) Prazar reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(h) Prazar may suspend or cancel your Account for any reason, including for any failure to comply with the Terms.
1.3. USER OBLIGATIONS
As a User, you agree:
(a) to comply with the Terms;
(b) to not copy, reproduce, translate, adapt, vary or modify the Platform without the express consent of Prazar;
(c) to not share your Account with any other person;
(d) you will be solely responsible for any activities that occur under your Account;
(e) that any use of your Account registration information by any other person is strictly prohibited;
(f) to immediately notify Prazar of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
(g) you must not expressly or impliedly impersonate any other User of the Platform or use the profile or password or account of another User at any time;
(h) that you are solely responsible for your mobile phone, access to and connectivity to the internet and all costs, including mobile data, required to use the Platform;
(i) to receive marketing materials and other communications from Prazar, that you may unsubscribe from, though you cannot unsubscribe from messages on the Platform to your Account;
(j) not to use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services;
(k) not to harass, impersonate, stalk, threaten, bully or endanger any other User;
(l) to not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes);
(m) you will not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Prazar;
(n) to not use the contact details of other Users for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
(o) you must not make any automated use of the Platform;
(p) you will not use the Platform for any illegal or unauthorised purpose, which includes collecting email addresses of Users for any purpose such as sending unsolicited email, or unauthorised framing of or linking to the Platform;
(q) that any commercial advertisements, affiliate links and other forms of solicitation may be removed from your Account, profile or communications without notice and may result in termination of your Account. Appropriate legal action will be taken by Prazar for any and all illegal or unauthorised use of the Platform;
(r) not to act in any way that may harm the reputation of Prazar or associated or interested parties or do anything at all contrary to the interests of Prazar or the Platform;
(s) you are solely responsible for your use of the Platform, including for:
(i) if you are a Customer, requesting, confirming, booking and using and ceasing to use a Service Provider; and
(ii) if you are a Service Provider, making and accepting offers to provide, and providing, services; and
The Services Provider agrees that shipping costs will be calculated by the service provider and billed to the Customer unless stated as free of charge shipping.
1.5. RETURNS & EXCHANGES
(a) All Goods being returned in accordance with this clause 1.5 must be shipped within 7 days of the return being approved, and must be in their original condition and packaging and not affected by being used, or reduced in value by delay on the part of the Customer. If these requirements are not met, the Service Provider may, in its absolute discretion, refuse a return.
(b) No Goods can be returned unless returned by the original Customer.
(c) No Goods can be exchanged once purchased.
(d) Unless clause 1.5(f) applies, personalised items, underwear, food & beverages, earrings, made to order items, or open bathroom or beauty products are non-refundable.
(e) (Change of mind returns) Subject to the other provisions of this clause 1.5, Service Providers will grant a refund (at the Customer’s choice) where an item is returned within 30 days of receipt by the Customer. However, if the Customer seeks a change of mind return, the Customer must pay for all postage and handling costs and must use a trackable or signature verified delivery service.
(f) (Faulty products) If a Customer believes that Goods provided are faulty, the Customer must contact the Service Provider using the details provided on our website with a full description of the fault (including images).
If the Service Provider determines, in its absolute discretion, that the Goods may be faulty, the Service Provider will provide the Customer with replacement Goods. The Service Provider may also request that the Customer return the Goods send the product at the Service Provider’s cost.
1.6. POSTED MATERIALS - WARRANTIES
By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
(a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
(b) the Posted Material is accurate and true at the time it is provided;
(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;
(e) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
(f) the Posted Material does not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (IPR);
(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
(h) the Posted Material does not breach or infringe any applicable laws.
1.7. POSTED MATERIALS - LICENCE
(a) You grant to Prazar a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any IPR in any Posted Material in order for Prazar to use, exploit or otherwise enjoy the benefit of such Posted Material.
(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Prazar from any and all claims that you could assert against Prazar by virtue of any such moral rights.
(c) You indemnify Prazar against all damages, losses, costs and expenses incurred by Prazar arising out of any third party claim that your Posted Material infringes any third party’s IPR.
1.8. POSTED MATERIALS - REMOVAL
(a) Prazar acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Prazar may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the material and/or information.
(b) You agree that you are responsible for keeping and maintaining records of Posted Material.
1.9. SERVICE LIMITATIONS
The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge that Prazar cannot guarantee that:
(a) the Platform will be free from errors or defects;
(b) the Platform will be accessible at all times;
(c) messages sent through the Platform will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Platform will be secure or confidential; or
(e) any information provided through the Platform is accurate or true.
1.10. INTELLECTUAL PROPERTY
Prazar retains ownership of the Platform and reserves all rights in any IPR owned or licensed by it not expressly granted to you.
1.11. THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Prazar takes no responsibility for Third Party Content and makes no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
1.12. DISPUTES BETWEEN USERS
(a) You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
(b) If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Prazar via email: firstname.lastname@example.org. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
(c) Any costs you incur in relation to a complaint or dispute will be your responsibility.
(d) Prazar has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between the Users that are party to the dispute.
(e) Prazar reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
(f) If you have a dispute with Prazar, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
(g) Notwithstanding any other provision of this clause 1.12, you or Prazar may at any time cancel your Account or discontinue your use of the Platform.
Prazar does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
(a) (Introduction service) Prazar is a medium that facilitates the introduction of Customers and Service Providers for the purposes of making arrangements to fulfil service offerings regarding location hire services and event services and similar. Prazar simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Service Providers in relation to such services or otherwise resulting from the introduction.
(b) (Limitation of liability) To the maximum extent permitted by applicable law, Prazar excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Service Provider. This includes the transmission of any computer virus.
(c) (Limitation of liability) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Prazar's liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(d) (indemnity) You agree to indemnify Prazar and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’ use of the Platform or your provision or receipt of Services from another User.
(e) (Consequential loss) Under no circumstances will Prazar be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, these Terms or their subject matter, or any services provided by any Service Provider.
You agree that:
(a) no information owned by Prazar, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
(b) all communications involving the details of other users on this Platform are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
(a) Prazar reserves the right to terminate a User’s access to any or all of the Platform (including any listings and memberships) at any time without notice, for any reason.
(b) In the event that a User’s membership is terminated:
(i) the User’s access to all posting tools on the Platform will be revoked;
(ii) the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
(iii) the User will also be unable to view the details of all other Service Providers (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
(c) Users may terminate their membership on Prazar at any time by using the Platform’s functionality where such functionality is available. Where such functionality is not available, Prazar will effect such termination within a reasonable time after receiving written notice from the User.
(d) Notwithstanding termination or expiry of your membership or these Terms, the provisions of Part 1 and any other provision which by its nature would reasonably be expected to be complied with after termination, will continue to apply.
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Prazar will not be held accountable in relation to any transactions between Customers and Service Providers where tax related misconduct has occurred.
To the extent permitted by law, Prazar reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Prazar.
1.20. GOVERNING LAW
This agreement is governed by the law applying in New South Wales, Australia.
Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
PART 2: SERVICE PROVIDERS
1. SERVICE PROVIDERS – ADDITIONAL TERMS AND CONDITIONS
1.1. SERVICE LISTINGS
You acknowledge and agree that:
(a) you must use your best endeavours to provide as much information as possible in any listing you upload to offer to provide services on the Platform (Service Listing);
(b) Prazar may choose not to accept any Service Listing you submit to the Platform, and Prazar may limit the number of Service Listings you can submit on the Platform;
(c) for each Service Listing you submit on the Platform that is requested by a Customer and accepted by you, Prazar will keep a Service Fee (defined in clause 2.2) which will be a percentage of the amount that you quote;
(d) you may only charge each Customer the amount you have quoted minus the Service Fee (Remaining Balance) for the services quoted and you must not try to claim the Service Fee from the Customer;
(e) subject to clause 2.1(f), the Remaining Balance will be paid by the Customer to Prazar upon your acceptance of a Customer request in response to a Service Listing, and Prazar will pay the Remaining Balance to you within a reasonable time after having received it from the Customer;
(f) you must take all reasonable steps to complete the services as described in every Service Listing that is accepted by a Customer, including by not cancelling any part of such a Service Listing;
(g) you must deal with any dispute with a Customer in accordance with clause 1.10;
(h) Prazar reserves the right to allocate the Quoted Amount between a Customer and a Service Provider in accordance with any other agreement between that Customer and Service Provider;
(i) any additional terms and conditions relating to a Service Listing or quote provided via the Platform are solely between you and the Customer and do not involve Prazar in any way, except that they must not be inconsistent with your obligations under these Terms; and
(j) Prazar will have no responsibility for the accuracy, reliability or timeliness of the content provided by a Customer responding to a Service Listing.
(a) Using the Platform and posting a Service Listing to be quoted for by a Service Provider is free.
(b) Once you accept a quote from a Customer (responding to a Service Listing), the Customer will be prompted to pay the GST inclusive quoted amount (Quoted Amount) to us via the Platform. Once we receive payment from the Customer in respect of a quote, we will transfer the Remaining Balance to you, being the Quoted Amount minus 17% of the Quoted Amount, including any GST (Service Fee). Prazar reserves the right to change or waive the Service Fee at any time by updating these Terms.
1.3. REFUNDS & CANCELLATIONS
(a) Prazar will have no liability or obligation to you if a Customer cancels at any time after you have accepted offer to receive the services specified on a Service Listing, and you will not be entitled to any compensation from Prazar, including any portion of the Service Fee.
(b) The Service Fee, and any membership or subscription fee charged by Prazar is by default non-refundable. However, Prazar may, in its absolute discretion, issue refunds of such fees in certain circumstances.
(c) If you wish to cancel a service before you have fulfilled the requirements of the service the Customer requested, you must contact us using the Platform’s functionality (subject to your compliance with clause 1.10), including providing details as to why you are cancelling. If Prazar decides to investigate your request, you must provide assistance and information to Prazar as reasonably requested.
(d) You must ensure that your cancellation policy and refund policy in relation to Customers cancelling services is in compliance with all applicable laws.
(e) If we accept your request to a cancel a service, we may take one or more of the following actions:
(i) cancel your membership with Prazar;
(ii) refund the Service Fee to the relevant Customer; and/or
(iii) require that you pay all or part of the Service Fee refunded to the Customer and issue you an invoice for that amount.
(f) The Service Fee is by default non-refundable. However, Prazar may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
(g) You agree to honour and comply with the process set out in clause 3.3(g) in the event of a pricing error on the Platform.
(a) You agree that while you are a Service Provider on the Platform, and for one (1) year after you cease using the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or with whom you provided services to directly or indirectly, by using the Platform. This provision will apply whether or not the Customer or their representative is still active on the Platform.
(b) Prazar, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 2.4.
1.5. BINDING CONTRACT
You agree that when a Customer submits a Purchase Order (defined in clause 3.1) in response to your Service Listing, this constitutes their intention and offer to enter into a contract with you, where you will provide the Customer with the service in the Service Listing they responded to in exchange for payment of the Quoted Amount in the Service Listing. A contract is formed in this respect when you respond to a Purchase Order with an email or message on the Platform confirming that you accept the Customer’s offer.
By listing yourself as a Service Provider on the Platform and posting a Service Listing, you represent and warrant that:
(a) you are able to fulfil the requirements of the services specified in the Service Listing;
(b) you will provide the relevant services to Customers:
(i) using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
(ii) in compliance with all applicable laws;
(c) you understand that Prazar does not hold insurance in respect of any services you may provide to a Customer, including any public liability insurance, and that it is your responsibility to obtain and hold any such insurances; and
(d) any individuals or companies involved in performing the relevant services have not been previously convicted of a felony, and there are no current legal, criminal, civil or administrative proceedings against such individuals or companies.
PART 3: CUSTOMERS
1. CUSTOMERS – ADDITIONAL TERMS AND CONDITIONS
1.1. OFFER TO PURCHASE
(a) By submitting an order for purchase of a service using the Platform’s functionality (Purchase Order) you represent and confirm that you:
(i) have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) are authorised to use the debit or credit card included in your order.
(b) Submitting a Purchase Order constitutes your intention and offer to enter into a contract with the Service Provider, where the Service Provider will provide you with the service in the Service Listing you have ordered in exchange for your payment of the Quoted Amount in the Service Listing. A contract is not formed until you receive an email or message on the Platform from the Service Provider confirming that the Service Provider has accepted your offer.
1.2. SERVICE LISTINGS AND FEES
You acknowledge and agree that:
(a) for each offer you submit in response to a Service Listing on the Platform that is accepted by the Service Provider, you must pay the Quoted Amount and Prazar will keep a Service Fee which will be a percentage of the Quoted Amount; and
(b) any terms and conditions relating to services or a quote provided via the Platform are solely between you and the Service Provider and do not involve Prazar in any way, except that they must not be inconsistent with your obligations under these Terms.
(a) (Payment obligations) Unless otherwise agreed in writing with the Service Provider you must pay for all services specified in a Service Listing prior to the Service Provider performing those services.
(b) (Bonds) The Service Provider may request a bond in an amount set out in the Service Listing (Bond). Prazar may either take the Bond in cash or by placing a hold on your credit card. Prazar will return the Bond (minus any deductions it may make under these Terms) once the services specified in the relevant Service Listing have been performed and Prazar is satisfied that there was no damage to the Service Provider’s goods in the Customer’s receipt of the services, provided that Prazar may retain any amount of the Bond and transfer it to the Service Provider if it reasonably considers there was damage caused to the Service Provider’s goods or the Service Provider will have rights to make deductions to the Bond under these Terms.
(c) (Card surcharges) Prazar reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(e) You agree to release Prazar and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Service Provider, you will then have the option of purchasing the relevant services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
(a) Prazar will have no liability or obligation to you if a Service Provider cancels a job any time after you have accepted it and you will not be entitled to any compensation from Prazar, including any portion of the Service Fee.
(b) If you wish to cancel a service before the Service Provider has fulfilled the requirements specified in the Service Listing, you must contact the Service Provider (subject to your compliance with clause 1.10). If Prazar decides to investigate your cancellation, you must provide assistance and information to Prazar as reasonably requested.
(c) If you cancel a service, whether the Remaining Balance paid to the Service Provider is refundable to you in respect of that service will depend on the cancellation policy and refund policy of the Service Provider.
(d) The Service Fee is by default non-refundable. However, Prazar may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
1.5. LINKED BUSINESSES
You acknowledge and agree that:
(a) the Platform provides links and introductions to Service Providers owned and operated by third parties that are not under the control of Prazar;
(b) the provision by Prazar of introductions to Service Providers does not imply any endorsement or recommendation by Prazar of any Service Provider;
(c) Prazar does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Service Provider who uses or is listed on the Platform; and
(d) any terms and conditions relating to a service, Service Listing or quote provided via the Platform constitute a contract between you and the Service Provider and do not involve Prazar in any way.
1.6. COMMUNICATION OUTSIDE THE PLATFORM
(a) You must not communicate with a Service Provider, or request or entice a Service Provider to communicate with you, outside the Platform (except in the course of accepting the Service Provider’s services).
(b) Prazar, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 1.6.