Marketplace terms of service
1. About the Website
1.1.Welcome to https://www.tradetales.global ('Website'). The Website facilitates:
i. people looking to connect with others or learn, mentor and/or develop personally and/or professionally, including but not limited to learning different skills, schools of thought, business ventures (the ‘User’);
making it easier for the Users to locate, communicate, arrange payment and/or deliver the services in a fast and secure manner (the ‘Services’).
1.2.The Website is operated by Trade Tales Pty Ltd (‘Trade Tales’). Access to and use of the Website, or any of its associated Products or Services, is provided by Trade Tales. Please read these terms and conditions ('Terms') carefully. By using, browsing and/or reading 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 the Website, or any of Services, immediately.
1.3.Trade Tales reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Trade Tales updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2 Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Trade Tales in the user interface.
3. The Services
3.1.In order to access the Services, you are required to register for an account through the Website (the 'Account').
3.2.As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
3.3.You warrant that any information you give to Trade Tales in the course of completing the registration process will always be accurate, correct and up to date.
3.4.Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
3.5.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 Trade Tales; or
you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. User obligations
4.1.You agree to comply with the following:
you will not share your profile with any other person;
you will 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 the Services;
any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Trade Tales 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;
any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
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 Trade Tales;
you will not use the Services or Website for any illegal and/or unauthorised use which includes but is not limited to avoiding employment law obligations, collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email, 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 the Services. Appropriate legal action will be taken by Trade Tales for any illegal or unauthorised use of the Website; and
you acknowledge and agree that any automated use of the Website or its Services is prohibited.
you agree to use the blog and marketplace community section of the website in a respectful and lawful way.
you will only share content in accordance with these Terms and Conditions. We reserve the right to monitor, not approve and remove content that may be in breach of these Terms and Conditions or is determined at our sole discretion to be unsuitable for the Website, and to disable access, terminate, suspend or change the conditions of your access to the Website without prior warning.
we reserve the right to bring a legal action against any individual who we deem to be in breach of the Terms and Conditions, or to take any such other action as we deem to be reasonably appropriate.
whilst we may attempt to monitor posts and content, we are not legally responsible for any material posted by third parties, and we may stop, or suspend moderation of posts and content on the Website at any time.
you acknowledge that any view expressed on the Website by a third party is not the view of Trade Tales, and does not necessarily reflect the views of Trade Tales.
Information posted on the Website should not be regarded as reliable advice, and should not be accepted as true or correct. It is up to the Member to check the validity of any advice or information disclosed before relying on it, especially where the consequences could be dire.
you agree not to attempt to engage, produce or solicit any works that would constitute plagiarism, collusion or academic misconduct. For the purposes of this agreement, plagiarism means presenting someone else’s work, in whole or in part, as your own. Work means any intellectual output, and typically includes text, data, images, sound or performance.
You agree not to list services or goods or solicit funding for AUD500,000 or greater in value
5.1.Payments made in the course of your use of the Services directly with the Website are made using a payment gateway. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the payment gateway terms and conditions which are available on their Website.
5.2.You expressly authorise Trade Tales to direct debit their administrative fees and commissions associated with your purchase of Services from your preferred method of payment.
6. Refund Policy
6.1.Since Trade Tales is only a facilitator in introducing the Users and providing a system to make safe payment, Trade Tales does not hold any liability to the User directly and will not personally refund any payments made in the use of Services.
6.2.Notwithstanding the above clause, if a User is unsatisfied with the service provided by another User or believes that they may be entitled to a refund, then Trade Tales requires the aggrieved User to:
1. contact the User who provided the services directly to request a refund; and
2. if contacting the User is not successful after (14) days, contact Trade Tales through the ‘Contact Us’ section of the Website outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services.
6.3. The annual membership fee is non refundable.
6.4. In the event of a refund, Trade Tales commission payment and processing fee is non refundable.
7. Copyright and Intellectual Property
7.1.The Website, the content and all of the related products of Trade Tales 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 content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Trade Tales or its contributors.
7.2.All trademarks, service marks and trade names are owned, registered and/or licensed by Trade Tales, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
Trade Tales does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Trade Tales.
use the Website pursuant to the Terms;
copy and store the Website and the material contained in the Website in your device's cache memory; and
print pages from the Website for your own personal and non-commercial use..
7.3.Trade Tales 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),
7.4.You may not, without the prior written permission of Trade Tales 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, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
7.5.Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Trade Tales a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
9. General Disclaimer
9.1.You understand and agree that Trade Tales does not undertake any investigation, including but not limited to criminal background checks or verification of qualification, in relation to any users before they’re admitted to the platform. You are solely responsible for conducting any appropriate checks and obtaining references prior to engaging a user for Services. You are
responsible for making your own evaluations, decisions and assessments about choosing a tasker.
9.2.Trade Tales may from time to time publish feedback on user experiences on the Website from users. While Trade Tales will attempt to verify users have had genuine experiences prior to publishing, the content of the feedback is the user’s opinion. The inclusion of feedback from users does not constitute an endorsement or recommendation by Trade Tales.
9.3.You acknowledge that in submitting any feedback you will act honestly and fairly and that you will not do anything which might falsely and unfairly damage the reputation of another user.
9.4.Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.5.Subject to this clause 9, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
Trade Tales will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.6.Use of the Website and the content is at your own risk. Everything on the Website and the content and services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Trade Tales make any express or implied representation or warranty about the content or any products or content (including the products or content of Trade Tales) 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 content, 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 content or any of the products of Trade Tales; and
the content or operation in respect to links which are provided for your convenience.
9.7.You acknowledge that Trade Tales and the Services are only intended to facilitate the interactions between the Users and does not offer any services other than the Services and Trade Tales holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
9.8. You acknowledge and understand that in the event of potential funding services, you should obtain independent legal advice prior to engaging in any transactions. Trade Tales disclaims all liability, to the extent permitted under law, for any losses, damages, claims, actions or suits arising directly or indirectly as a result of engaging with another User for the purposes of potential funding.
10. Limitation of liability
10.1.Trade Tales total liability arising out of or in connection with the Content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
10.2.Except in respect of the ACL Consumer Guarantees and to the extent permitted by law, you expressly understand and agree that Trade Tales, its affiliates, employees, agents, contributors 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. Our liability for any claim rising from a breach of any term or condition implied by any law which may not be excluded will be limited to the maximum extent permissible which, in the case of services, will be the resupply of the relevant services or payment of the cost of having the relevant services re- supplied.
10.3.You acknowledge and agree that Trade Tales holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your Content to the Website.
11. Termination of Contract
11.1.If you want to terminate the Terms, you may do so by deleting your profile in the Account section once you are logged in.
11.2.Trade Tales may at any time, terminate the Terms with you if:
you have breached any provision of the Terms or intend to breach any provision;
Trade Tales is required to do so by law;
Trade Tales is transitioning to no longer providing 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 Trade Tales, is in the opinion of Trade Tales, no longer commercially viable.
11.3.Subject to local applicable laws, Trade Tales reserves the right to discontinue or cancel your access 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 Trade Tales's name or reputation or violates the rights of those of another party.
11.4.When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Trade Tales have benefitted 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.
12.1.You agree to indemnify Trade Tales, 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 your content;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
any breach of the Terms.
13. 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 14 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, 14 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 Western Australia;
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;
d. The mediation will be held in Western 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.
13.5.Termination of Mediation:
If 2 weeks 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.
14. Venue and Jurisdiction
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 Western Australia, Australia.
15. Governing Law
The Terms are governed by the laws of Western Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Trade Tales welcomes any feedback and in the event you have a complaint, please contact us outlining your concern. We reserve our discretion to investigate any complaint received.
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.