Terms and Conditions

Part 1: All Users

1.                 ELIGIBILITY

(a)               This Platform is not intended for unsupervised 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 and warrant that you are either:

(i)                 over the age of 18 years and accessing the Platform for personal use; or

(ii)                accessing the Platform on behalf of someone under the age of 18 years old and consent to that person's use of the Platform.

(b)               Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian's consent, or if you have previously been suspended or prohibited from using the Platform.

(c)                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. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Platform on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2.                 ACCOUNTS

(a)               In order to use most of the functionality of the Platform, all Users 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, bank account information, and other information as determined by Sweets n Shakkar from time to time.

(c)                You warrant that any information you give to Sweets n Shakkar in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.

(d)               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 contact details to any other User. 

(e)               Once you complete the Account registration process, Sweets n Shakkar may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.

(f)                 Sweets n Shakkar reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.

(g)               Sweets n Shakkar may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3.                 USER OBLIGATIONS

As a User, you agree:

(a)               not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;

(b)               to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Sweets n Shakkar of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform's security;

(c)                to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Goods, including:

(i)                 you must 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); and

(ii)                you must 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 Sweets n Shakkar;

(d)               not to act in any way that may harm the reputation of Sweets n Shakkar or associated or interested parties or do anything at all contrary to the interests of Sweets n Shakkar or the Platform;

(e)               you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Sweets n Shakkar;

(f)                 that Sweets n Shakkar may change any features of the Platform or Goods offered through the Platform at any time without notice to you;

(g)               that information given to you through the Platform, by Sweets n Shakkar or another User including a Seller, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and

(h)               that Sweets n Shakkar may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause ‎3;

(i)                 that in making or receiving any payments via the Platform, you warrant that you have read, understood and agree to be bound by Stripe.com terms at https://stripe.com/au/legal, or the terms of use of other third party payment portals or other payment methods from time to time, that will be available on the Stripe website and other payment portal websites.

4.                 POSTED MATERIALS

4.1               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 does 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;

(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.

4.2               LICENCE

(a)               You grant to Sweets n Shakkar a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Sweets n Shakkar 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 Sweets n Shakkar from any and all claims that you could assert against Sweets n Shakkar by virtue of any such moral rights.

(c)                You indemnify Sweets n Shakkar against all damages, losses, costs and expenses incurred by Sweets n Shakkar arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.

4.3               REMOVAL

(a)               Sweets n Shakkar 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, Sweets n Shakkar 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 Posted Material.

(b)               You agree that you are responsible for keeping and maintaining records of Posted Material.

5.                 REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

Sweets n Shakkar will have no liability or obligation to you if:

(a)               a Customer or Seller cancels at any time after the time for performance of the Listing is agreed; or

(b)               for whatever reason, including technical faults, the Goods cannot be provided,

and you will not be entitled to any compensation from Sweets n Shakkar.

6.                 IDENTITY VERIFICATION

(a)               (Verification) We may offer or require Users to verify their details, using our processes or an external identity verification service as applicable (Verification Service). 

(b)               (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause ‎16. Where a Verification Service is used, you acknowledge and agree that:

(i)                 we may contact and share your personal information with a Verification Service  to verify your details;

(ii)                you consent to us receiving, sharing and using this information to enable us to carry out Verification Services.

(c)                (Fees) We may charge non-refundable fees for Verification Services, as set out on the Platform. 

(d)               (Warranty and Indemnity) You acknowledge and agree that:

(i)                 we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Services will be accurate or guarantee that Verification Services will ensure you contract with a suitable User;

(ii)                you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and

(iii)               we do not endorse any User, Listing or Verification Service.

7.                 RATINGS AND ReviewS

(a)               Customers may rate a Listing, and and Users may provide feedback to other Users regarding the relevant Goods or experience with that User (Review).

(b)               Ratings and Reviews may be able to be viewed by other Users and these may remain viewable until the relevant Account and/or Listing is removed or terminated.

(c)                Users must provide true, fair and accurate information in their Reviews.

(d)               If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the relevant User from posting the Review. We do not undertake to review each Review made by a User.

(e)               To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

(f)                 You may not publish Reviews for Users to which you have personal or professional relations.

(g)               Users can only write a Review about another User if they have had a buying or selling experience with that User, which means that:

(i)                 they have purchased a product or service from that Seller; or

(ii)                they have sold a product or service to that Customer;

(iii)               you have placed an order with the Seller;

(iv)               you have had an order placed with you by the Customer; or

(v)                you can otherwise document that you had a buying or selling experience with that User, including via correspondence or other interaction with the User,

(collectively referred to as a Service Experience).

(h)               You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.

(i)                 You may not write a review about a Seller you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Seller, or work for the Seller. Similarly, you may not write a Review about a direct competitor to the Seller you own, are employed by or work for.

(j)                 Your Service Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.

(k)                You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a User to write a Review, you should include information about this in your Review. Incentives include the User offering you a gift, reward, discount or advantage for writing a Review about the User on the Platform.

8.                 SERVICE LIMITATIONS

The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that Sweets n Shakkar cannot and does not represent, warrant or 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.

9.                 INTELLECTUAL PROPERTY

(a)               Sweets n Shakkar retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform and the Goods (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.

(b)               You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from Sweets n Shakkar or as permitted by law.

(c)                In this clause ‎9, "Intellectual Property Rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

10.               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). Sweets n Shakkar accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

11.               THIRD PARTY TERMS

(a)               Any service that requires Sweets n Shakkar to acquire goods and services supplied by a third party on behalf of the Customer (including a third party payment service, like Stripe.com) may be subject to the terms and conditions of that third party (Third Party Terms), including 'no refund' policies.

(b)               Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Sweets n Shakkar to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.

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 Sweets n Shakkar via sweetsnshakkar@hotmail.com. We will assess the complaint and attempt to quickly and satisfactorily resolve it.

(c)                Sweets n Shakkar reserves the right to hold funds in relation to a dispute until the dispute is resolved, either by us, the relevant parties or by a mediator or arbitrator. We reserve the right to disperse funds held by us as we see fit, including by providing a Customer a refund.

(d)               Any costs you incur in relation to a complaint or dispute will be your responsibility.

(e)               Sweets n Shakkar has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.

(f)                 If you have a dispute with Sweets n Shakkar, 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 ‎12, you or Sweets n Shakkar may at any time cancel your Account or discontinue your use of the Platform.

13.               SECURITY

Sweets n Shakkar 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.

14.               DISCLAIMER

(a)               (Introduction service) Sweets n Shakkar is a medium that facilitates the introduction of Customers and Sellers for the purposes of buying and selling Goods. Sweets n Shakkar 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 Sellers in relation to such Goods or otherwise resulting from the introduction.

(b)               (Limitation of liability) To the maximum extent permitted by applicable law, Sweets N Shakkar 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 Seller. This includes the transmission of any computer virus.

(c)                (Disclaimer) 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 this agreement which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Sweets n Shakkar'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 Sweets n Shakkar 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':

(i)                 breach of any term of this agreement;

(ii)                use of the Platform; or

(iii)               your provision or receipt of Goods from another User.

(e)               (Consequential loss) To the maximum extent permitted by law, under no circumstances will Sweets n Shakkar 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, this agreement or their subject matter, or any services provided by any Seller (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

15.               CONFIDENTIALITY

You agree that:

(a)               no information owned by Sweets n Shakkar, 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 and of the Seller are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

16.               PRIVACY

You agree to be bound by the clauses outlined in Sweets n Shakkar's Privacy Policy, which can be accessed.

17.               TERMINATION

(a)               Sweets n Shakkar 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 may be unable to view the details of all other Sellers (including contact details, geographic details and any other details), and all Listings previously posted by the respective User will also be removed from the Platform.

(c)                Users may terminate their membership on Sweets n Shakkar at any time by using the Platform's functionality where such functionality is available. Where such functionality is not available, Sweets n Shakkar will effect such termination within a reasonable time after receiving written notice from the User.

(d)               Notwithstanding termination or expiry of your membership or this agreement, the provisions of ‎Part 1 and any other provision which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

18.               TAX

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 Sweets n Shakkar will not be held accountable in relation to any transactions between Customers and Sellers where tax related misconduct has occurred.

19.               RECORD / AUDIT

To the extent permitted by law, Sweets n Shakkar 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 Sweets n Shakkar.

20.               NOTICES

A notice or other communication to a party under this agreement must be:

(a)               in writing and in English; and

(b)               delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(c)                Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:

(i)                 24 hours after the email was sent; or

(ii)                when replied to by the other party,

whichever is earlier.

21.               GENERAL

21.1            GOVERNING LAW AND JURISDICTION

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.

21.2            WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

21.3            SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

21.4            JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

21.5            ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

21.6            COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

21.7            ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

21.8            INTERPRETATION

(a)               (singular and plural) words in the singular includes the plural (and vice versa);

(b)               (gender) words indicating a gender includes the corresponding words of any other gender;

(c)                (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d)               (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e)               (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f)                 (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g)               (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h)               (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i)                 (includes) the word "includes" and similar words in any form is not a word of limitation; and

(j)                 (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Part 2: CUSTOMERS

22.               PAYMENT

(a)               (Payment obligations) Unless otherwise agreed in writing with the Seller you must pay for all Goods specified in a Listing prior to the Seller performing those Goods.

(b)               (Card surcharges) Sweets n Shakkar 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).

(c)                (Online payment partner) Sweets n Shakkar processes payments through the Platform using Stripe.com (Online Payment Partner). In addition to this agreement, your purchase of any Goods via the Platform will be subject to the terms and the privacy policy of the Online Payment Partner, available on the Online Payment Partner's website.

(d)               (Release) You agree to release Sweets n Shakkar 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.

(e)               (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 Seller, 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.

23.               CANCELLATIONS

(a)               Sweets n Shakkar will have no liability or obligation to you if a job any time after you have accepted it and you will not be entitled to any compensation from Sweets n Shakkar, including any portion of the Service Fee.

(b)               If you wish to cancel a Good before the Seller has fulfilled the requirements specified in the Listing, you must contact the Seller. If Sweets n Shakkar decides to investigate your cancellation, you must provide assistance and information to Sweets n Shakkar as reasonably requested.

(c)                If you cancel a Good, whether the Remaining Balance paid to the Seller is refundable to you in respect of that Good will depend on the cancellation policy and refund policy of the Seller.

(d)               The Service Fee is by default non-refundable. However, Sweets n Shakkar may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.