USAYSO PTY. LTD. – Freshwater NSW Australia 2096 – ABN:93-612- 198-615 / ACN:612-198- 615
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to usayso.com.au and “You” and “Your” refers to you, the client, vendor, consumer, visitor, website user or person using our website.
The information contained in this website is for general information purposes only and is provided by usayso.com.au. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you may be able to link to other websites which are not under the control of usayso.com.au. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, usayso.com.au takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure server. usayso.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
We receive and store information you enter on our website or give us in any other way from time to time. You may provide basic contact information such as your name, phone number, address, and email address to enable us to send information or process your product order and we may also collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with our customer support.
We may use personal information collected from you for the purpose of providing you with direct marketing material, updates regarding our website and information in the form of a newsletter. This will only apply if you have registered or subscribed to such publications by registering your details with us. However, if you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned immediately.
Individual profile and company details are not used for any other purpose. Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased or to protect our copyright, trademarks and other legal rights.
We respect the privacy of our online visitors. We may collect information on or through this website that can personally identify you. For example, we collect personally identifiable information which you volunteer to us to respond to visitor questions and comments about us and our products and services, and to mail e-newsletters (“Personal Data”).
Any non-personal information, communications and material you send to this website or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.
We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of usayso.com.au, our customers or third parties.
If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be disclosed to a potential purchaser under a confidentiality agreement. We would only disclose your information in good faith and where required by any of the above circumstances.
We do not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of usayso.com.au, our customers or third parties or if required by law.
We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
We strive to ensure the security, integrity and privacy of personal information submitted to our website, and we periodically update our security measures in light of current technologies.
This website may contain links to other websites. These links are meant for your convenience only
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and usayso.com.au’s rights and obligations to each other.
It is an essential pre-condition to you using our website that you agree and accept that usayso.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), usayso.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
usayso.com.au handles return and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 7 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of usayso.com.au.
usayso.com.au’s website may contain information or advertisements provided by third parties for which usayso.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, usayso.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. usayso.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to- date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of usayso.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of usayso.com.au. usayso.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then usayso.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. usayso.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website. usayso.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and usayso.com.au concerning your use and access to usayso.com.au website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and usayso.com.au that results in litigation, then you must submit to the jurisdiction of the courts of NSW.
2.1.1 These Terms of Engagement apply to all goods and services (‘Gig ’) every Gig
purchased is acquired from a Vendor.
2.1.2 Usayso means Usayso Pty Ltd (ACN 612 198 615), a company incorporated under the laws of NSW with its registered office in, Freshwater, NSW 2096.
2.1.3 A Gig means a set scope of contracted work or goods, it may also include a combination of goods and services.
2.1.4 A Vendor means a business, service or goods provider that makes goods and/or services available to consumers.
2.1.5 Gig Voucher means an instrument, in either physical or electronic form, which entitles the holder of such Gig Voucher (the ‘Gig Voucher Holder’) to receive the Gig from the Vendor during the period of time stated on the Gig Voucher (the ‘Redemption Period’).
2.1.6 Usayso is an intermediary in the arrangements, it prepares the Gig Voucher between the Vendor who offers the Gig and the Gig Voucher Holder, the purchaser of the Gig.
2.1.7 Usayso does not supply or provide the Gig nor does it acquire the Gig the Gig shall mean the goods or services to be supplied or provided by the Vendor to the Gig Voucher Holder, as specified on Usayso’s Website and on the Gig Voucher.
2.1.8 The Vendor is responsible for defining the deliverable scope of works of the Gig prior to acceptance by the Gig Voucher Holder and is bound to execute and complete the Gig in accordance with the Gig Voucher and any other terms and conditions as referred to in 2.3 below.
2.1.9 The Vendor is a third party unrelated to Usayso that sells, supplies or provides the Gig. Usayso does not sell, supply or provide the Gig. Usayso only arranges preparation and distribution of the Gig Voucher, it does not in any way promise, warrant or otherwise assume responsibility for delivery of the Gig.
2.1.10 You (as Vendor or Gig Voucher Holder) agree and acknowledge that unless otherwise specified, the Gig is provided by the Vendor, or other third-party providers, who are independent third parties and are not employed by, or agents of, Usayso.
2.1.11 Any agreement to provide the Gig is between the Vendor and the Gig Voucher Holder. The Gig may also be subject to any terms and conditions between the Vendor and the Gig Voucher Holder or other third-party provider of the Gig.
2.1.12 Usayso has no obligation to deliver the Gig, and makes no representation or warranty, and accepts no liability whatsoever in respect of the Gig (except to the extent that cannot be excluded under any consumer law or other law, which shall remain in full force and effect).
2.1.13 Usayso is able to unilaterally amend these Terms of Engagement at any time without reference to the Vendor or the Gig Voucher Holder. All amendments to these Terms of Engagement will be posted on-line. You will be bound by the version of the Terms of Engagement you agreed to at the time you purchase a Gig and any terms and conditions as referred to in 2.3 below.
2.2.1 You must be at least 18 years old to purchase the Gig from the Vendor and
be provided with a Gig Voucher. Before you can make a purchase, you need
to register and create an account with Usayso.
2.2.2 By clicking on the ‘Buy’ button you submit an offer to the Vendor to buy the Gig.
2.2.3 The Vendor may have its own terms and conditions applicable to the sale, supply or provision of the Gig, it is these terms and conditions which will govern the arrangement between the Vendor and the Gig Voucher Holder.
2.3.1 Unless expressly stated otherwise:
2.3.2 (a) a Gig is valid for 12 months from the purchase date;
2.3.3 (b) the Gig Voucher can only be redeemed once;
2.3.4 (c) the Gig Voucher can only be redeemed with the Vendor and not with Usayso;
2.3.5 (d) the Gig Voucher is valid for one person only and is not transferrable; and
2.3.6 (e) you must follow the redemption instructions associated with the Gig Voucher
when you redeem the Gig Voucher with the Vendor.
2.3.7 All Vouchers that are arranged by Usayso are single-purpose Gig Vouchers which can only be redeemed with the Vendor, for avoidance of doubt they are not redeemable by Usayso
2.3.8 In order to redeem a Gig Voucher, you must present it to the Vendor within the Redemption Period. If you do not redeem the Gig Voucher within the Redemption Period, the Gig Voucher expires automatically. It cannot be redeemed anymore.
2.3.9 Unless expressly stated otherwise, the Gig Voucher does not entitle the Gig Voucher Holder to receive the Gig at a specific time. You are strongly recommended to contact the Vendor at an early stage. Doing so will give you the best chance of securing your preferred time for the supply and/or provision of the Gig. Usayso cannot influence the supply of or provision of the Gig.
2.3.10 Gig Vouchers are redeemable in their entirety only. They may not be redeemed partially or incrementally. If, for whatever reason, you redeem the Voucher with a Vendor for less than the original (un-discounted) value of the Gig, you are not entitled to a credit, cash refund or new Gig Voucher for the difference between the original (un-discounted) value and the redeemed value.
2.3.11 On behalf of the Vendor, Usayso may arrange for or collect fees, commissions or other costs associated with the purchase of the Gig or redemption of a Gig Voucher.
2.4.1 Any purchase of the Gig is for your non-commercial, personal use only (although you
may give the Gig Voucher to someone else for their non-commercial, personal use).
2.4.2 Your Gig Voucher is solely your responsibility. Neither Usayso nor the Vendor are responsible for lost or stolen Gig Vouchers or for retrieving Gig Voucher reference code.
2.4.3 You promise not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase of the Gig or allow anyone else to do so.
2.4.4 Any attempt to redeem a Gig Voucher contrary to these Terms of Engagement may render a Gig Voucher void at Usayso’s discretion.
2.4.5 The reproduction of a Gig Voucher is prohibited.
2.4.6 The commercial trade of a Gig Voucher is prohibited
2.5.1 Please note that the Vendor, and not Usayso, is:
2.5.2 the seller, supplier or provider of the Gig;
2.5.3 the Vendor is the party who enters into a contract with the Gig Voucher Holder when the Gig Voucher is redeemed; and
2.5.4 the Vendor is solely responsible for providing the Gig Voucher Holder with the Gig and for the Gig itself and has responsibility for delivering the scope of works that they have advertised as a Gig;
2.5.5 The Vendor is responsible for delivery of the Gig scope in its entirety within 12 months of purchase;
2.5.6 It is the Vendor responsibility to Enable or Disable the Gigs on their dashboard;
2.5.7 Under no circumstances is Usayso acting as the agent of the Vendor.
2.6.1 Usayso does not warrant the quality or fitness for purpose of the Gig.
2.6.2 If the Gig Voucher Holder is unsatisfied with the Gig, or wishes to return Gig, the Gig Voucher Holder must arrange for a potential return of the Gig with the Vendor. Normal consumer protection laws will apply to the contract between the Vendor and the Gig Voucher Holder.
2.6.3 Usayso is not liable for any refund of the Gig and as Usayso is not the manufacturer, service provider or Vendor of the Gig, it is not liable for the Gig.
2.7.1 Excepting when there is a special promotion, Usayso will receive a 10% commission
from all Vendors upon sale of the Gig.
2.7.2 Additionally, Usayso will a credit card processing fee of 1.75% of the sale price of the Gig and AUD $0.30 for domestic credit card payments or 2.9% and of the sale price of the Gig and AUD $0.30 for international credit card payments.
2.8.1 Payment processing services for business owners or service providers on the
Usayso platform are provided by Stripe and are subject to the Stripe Connected
Account Agreement -https://stripe.com/au/connect-account/legal, which includes the
Stripe Terms of Service (collectively, the ‘Stripe Services Agreement’
2.8.2 By agreeing to these terms of Engagement and/or continuing to operate as a [account holder term] on the Usayso platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Usayso platform enabling payment processing services through Stripe, you agree to provide Usayso accurate and complete information about you and your business, and you authorise Usayso to share your data and any transaction information related to your use of the payment processing services provided by Stripe.