Terms and Conditions of Use
Last updated on 21st April 2019
Handkrafted connects people with makers to commission custom made furniture and goods. We showcase independent makers and facilitate transactions with them.
If you have any questions about the Terms, please do not hesitate to contact us at email@example.com
- About the Website
- Thank you for visiting www.handkrafted.com (the “Website”). The Website provides an opportunity for individuals to connect and transact with craftspeople and artisans (the “Service”).
- The Website is owned and operated by Handkrafted Pty Ltd (ACN 166 700 803) (“Handkrafted”). Access to and use of the Website, or any of its associated products, is provided by Handkrafted. Please read the Terms carefully. By using or browsing the Website, reading the content on the Website or posting content to the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of this Website immediately and we ask that you please leave the Website.
- Handkrafted reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Handkrafted updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication.
- Acceptance of the Terms
- You accept the Terms by:
- remaining on the Website;
- clicking to accept or agree to the Terms where this option is made available to you by Handkrafted in the user interface on the Website; or
- continuing to use the Website or its associated products and/or services after you have been informed and directed by Handkrafted that these Terms apply to you.
- Membership services
- In order to access the membership services, you are required to provide personal information about yourself (such as identification or contact details) as part of the registration process, or as part of your continued use of the Services. You may also be requested to provide Handkrafted with:
- a username;
- an email address; and
- a password.
- You agree that any personal and/or registration information you give to Handkrafted will always be accurate, correct and up to date.
- You will become a registered member of the Website once
- you have accepted the Terms in accordance with Clause 2 above; or
- you have completed the registration process.
(hereinafter referred to as “Member”)
- You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Handkrafted.
- Your account obligations
- As a Member, you agree to comply with the following:
- not to share your profile with any other person;
- use the Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your membership;
- whilst using the Services, Handkrafted may be required to transfer your personal information to a foreign country for the provision of the Services. Accordingly, you hereby expressly agree for Handkrafted to transfer your personal information overseas, but only for the provision of the Services to you;
- you agree and warrant that if you receive any personal information regarding another Member, you will not use that personal information for any purpose other than to provide that Member with your services in accordance with the Terms;
- any use of your membership by any other person, or third parties, is strictly prohibited. You agree to immediately notify Handkrafted of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
- you are solely responsible for your interactions you have with other Members;
- you understand that Handkrafted does not in any way screen its Members, nor does Handkrafted inquire into the backgrounds of its Members or attempt to verify the statements of its Members. Handkrafted makes no representations or warranties as to the conduct of its Members or their compatibility with any current or future Members;
- you agree that you will not broadcast, publish, transmit, up-load, post or upload (“Publish”) content to the Website which is false, misleading or contains sexually explicit material, references or innuendos;
- you agree and warrant that any content you Publish to the Website does not infringe any third parties copyright and/or intellectual property rights;
- you agree that while you retain ownership of any content and images you Publish to the website or provide Handkrafted, you hereby grant to Handkrafted a non-exclusive, royalty-free, worldwide licence to use that content, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
- you agree not to harass, impersonate, stalk or threaten another Member of the Website;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the duration of the membership;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Handkrafted or the Terms;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges;
- unless your subscription plan provides you with the ability to do so in your profile, you agree that you will use the Website to communicate with other Members where this feature is made available to you. To this end, you must not upload any content to your Member profile which contains your email address, website address, mailing address or any other personal contact details which will enable another Member to contact you directly, circumventing the purpose and nature of this Website;
- you agree that in submitting any feedback, comments or ratings (“Feedback”) to Handkrafted or other Members in connection with the Services provided, you grant Handkrafted a worldwide, royalty-free, non-exclusive, perpetual and irrevocable licence to use and otherwise utilise all Feedback without any restriction or obligation on account of intellectual property rights or otherwise;
- you agree to not post any content or Feedback that is untrue, malicious, offensive, illegal, immoral or defamatory, and you agree that you may be held legally responsible for any damages suffered by Members and/or Handkrafted as a result of such;
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
- If you are a Member who has been engaged by another Member to build a Product (a “Member Maker”), you acknowledge and agree:
- that if you are a builder, designer, craftsperson or artisan, the Website may classify your services for the purposes of other Members being able to search the Website for particular skills. If you have been classified into a particular industry or otherwise for which you do not agree, you must notify the Website. Upon receipt of your notification, the Website will use reasonable endeavours to investigate your request, nevertheless, it will have no obligation whatsoever to reclassify you or change the information the Website;
- you will act honestly, respectfully and in a professional manner in relation to all your dealings with other Members;
- to be bound by the relevant applicable laws in your State or Territory in Australia, which includes but is not limited to the Australian Consumer Laws and the relevant guarantees that your services and/or product will be of acceptable quality; fit for any specified purpose; match the description provided; and match the sample or demonstration model provided;
- there are various regulations, certificates and laws which apply to the construction, design and delivery of products in Australia. Accordingly, by agreeing to provide a service to the Website’s Members, you warrant that you have/will comply with the applicable regulations, certificates and law which apply to your services including, but not limited to, the Building Code of Australia and the Australian Standards;
- that any Feedback submitted by other members in relation to Services provided will be displayed against your public profile and that Handkrafted, in its absolute discretion, reserves the right to amend or delete any comments, ratings or feedback, yet has no obligation to do so;
- that Handkrafted is only facilitating the transaction between you and its Members and therefore, under no circumstances will Handkrafted or its directors, officers, employees, agents or contractors (“Personnel”) be liable to you for any payments, compensation or consideration of any kind with respect to any products or services delivered by you to our Members and you agree to indemnify Handkrafted and its Personnel against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees) in connection with your dealings with other Members.
- Fees, purchase, refund and dispute resolution policy
- The Website provides you with the opportunity to purchase items or post ideas and job descriptions (“your Product”) for Member Makers to respond to you. You acknowledge and agree that Handkrafted does not provide any Products to you directly and is not liable to you for whatever reason if your Product is not of merchantable quality or if you feel entitled to a refund for any monies you have paid to a Member for creating your Product.
- In setting the price for the Product, the Member Maker warrants that they will ensure that the price for the Product is equal or less than any price for the Product listed by the Member Maker outside the Handkrafted Website (the “Price Guarantee”).
- The parties acknowledge and agree that, upon successful connections arising through the Handkrafted Website that result in a transaction between Members, then Handkrafted will levy a commission for the provision of the Services (the “Commission”).
- The Commission payable by the Member Maker is dependent on the membership type of the Member Maker at the time they are initially connected with the Member client. The Commission is calculated as a fixed percentage of the total transaction value, including any applicable shipping and tax charges. The Commission is equal to:
- 15% (GST inclusive) for Standard Members
- 10% (GST inclusive) for Premium Members
- For the avoidance of doubt, please note that there is no fee charged to a Member to post a job description or send a contact enquiry via the Handkrafted Website.
- Where the Member Maker contracts third parties in the provision of the good or service supplied to the Member client, the parties acknowledge that the Commission will apply equally to any and all costs paid by the client for the completion and delivery of their Product.
- The Commission is payable in the event that the Member Maker accepts payments for any successful transactions initiated via the Handkrafted Website, as well as any subsequent transactions between those Members for a period of six (6) months.
- Where a Member is supplying goods or services, the Member must not charge a Commission on top of the agreed or listed price for the goods or services as listed on the Website.
- Where the Member Maker accepts a direct payment from the Member client, the Member Maker warrants that they will notify Handkrafted of the payment value within seven (7) days of becoming aware of the same. An invoice for the applicable Commission will then be issued by Handkrafted to the Member Maker and must be paid in full within (7) days after payment has been received from the Member client.
- Any Member Makers failing to notify Handkrafted of such transactions or pay the agreed Commission to Handkrafted within the agreed timeframes may have their membership terminated and Handkrafted reserves their right to seek to recover any Commissions owed.
Where Handkrafted provides a payment facility on the Website, the
Members agree to solely using that payment facility. Any applicable
Commission will then be automatically deducted from the payment total.
Handkrafted may use a third party service provider (“Payment Provider”)
to provide payment services acting as a payment facilitator on behalf
of the Members.
Members have the flexibility to mutually agree on the payment structure
most appropriate for their project. This may involve a full upfront
payment or a payment deposit followed by instalments.
- Handkrafted offers Members a premium subscription service (“Premium”) offering a range of additional features. Associated fees are payable monthly or annually in advance, as notified from time-to-time. To the maximum extent permitted by law, any subscription fees and charges paid to Handkrafted are not refundable, even if you cancel your subscription plan.
- For Members in Australia, GST is applicable to any fees charged by Handkrafted to the Member. Unless expressed otherwise, all fees levied by Handkrafted shall be deemed inclusive of GST. Handkrafted will provide the Member Maker with a tax invoice for any Premium subscription and Commissions charged. Handkrafted will provide the Member client with a tax invoice for any Card Payment Processing Fees charged.
- Notwithstanding 5.1 of these Terms, as a Member, you agree to the following dispute resolution policy:
- If a dispute arises between you and another Member which arises out of or relates to the Services offered by the Website, then you must not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). If the dispute relates to Handkrafted or the Website in any way whatsoever, you understand that this clause 5 does not apply and you must comply with clause 12 of the Terms.
- If you are claiming a dispute has arisen against another Member (“Dispute”), you must give written notice to the other Member detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.
- On receipt of that notice (“Notice”) by that other Member, the parties must:
- Within twenty-one (21) days of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, either party may institute legal proceedings concerning the subject matter of the Dispute.
- Monitoring your use
- Although Handkrafted does not have any obligation to monitor the Services, Handkrafted reserves the right (but shall have no obligation) to:
- pre-screen, review, flag, filter, modify, refuse or remove any or all content from any service;
- use tools to filter out explicit sexual content; and
- conduct criminal record checks on you.
- Copyright and Intellectual Property
- The Website, Services, and all of the related products of Handkrafted are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the “Content”) are owned or controlled for these purposes, and are reserved by Handkrafted or its contributors.
- Handkrafted retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
- You may not, without the prior written permission of Handkrafted and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
- General Disclaimer
- If you are a Member
- seeking services from a Member to build a Product, you are not engaging Handkrafted to build your Product;
- building a Product for a Member, you are not being engaged by Handkrafted to pay for the Product;
- you hereby acknowledge and agree that the Website is only facilitating the transaction between Members and accordingly, you are not entering into any legal agreement with Handkrafted to pay for, or deliver, any Product to you.
- As a consequence of the Website only facilitating a transaction between its Members, use of the Website, the Services, and any of the products of Handkrafted, is at your own risk. Everything on the Website, the Services, and the products of Handkrafted, are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Handkrafted make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages, injury or reliance in connection with the Website, its use, its Content or any products or Services (including the products or services of Handkrafted) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of Handkrafted;
- the Content or operation in respect to links which are provided for the Member’s convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
- Limitation of liability
- The total liability of Handkrafted to you (if any) for loss, damage or reliance shall be limited to the re-supply of information or its Services.
- You expressly understand and agree that Handkrafted, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- Handkrafted is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Services, whether posted or caused by Members, by third parties or by any of the services offered by Handkrafted.
- Handkrafted does not control and is not responsible for the behaviours and actions of its Members, their comments, posts, services provided or information that they upload. Accordingly, Handkrafted is not responsible to you for any loss or damage if that loss or damage has resulted by any action of one of the Members.
- Termination of Contract
- The Terms will continue to apply until terminated by either you or by Handkrafted as set out below.
- If you want to terminate the Terms, you may do so by:
- notifying Handkrafted at any time; and
- closing your accounts for all of the services which you use, where Handkrafted has made this option available to you. Your notice should be sent, in writing, to firstname.lastname@example.org.
- Handkrafted may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Handkrafted is required to do so by law;
- the partner with whom Handkrafted offered the Services to you has terminated its relationship with Handkrafted or ceased to offer the Services to you;
- Handkrafted is transitioning to no longer provide the Services to Members in the country in which you are resident or from which you use the service; or
- the provision of the Services to you by Handkrafted is, in the opinion of Handkrafted, no longer commercially viable.
- Subject to local applicable laws, Handkrafted reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Handkrafted’s name or reputation or violates the rights of those of another party.
- When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Handkrafted have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
- You agree to indemnify Handkrafted, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
- Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:
- Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of New South Wales or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Sydney, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
- Termination of Mediation
If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
- Legal Proceedings
In the event that the Dispute is not resolved at the conclusion of the mediation, either Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
- Venue and Jurisdiction
The Services offered by Handkrafted are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
- Governing Law
This agreement is governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This agreement shall be binding to the benefit of the parties hereto and their successors and assigns.
- Independent Legal Advice
Both parties confirm and declare that the provisions of this agreement are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
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