WEBSITE TERMS AND CONDITIONS OF USE
1.
About the Website
(a)
Welcome to https://www.dadsorder.com (Website).
The Website facilitates interactions between:
(i)
parties providing services (Supplier);
and
(ii)
parties receiving services (Customer),
making it easier for the Customer and the Supplier
to locate, communicate, arrange payment and deliver the services in a fast and
secure manner (Services).
(b)
The Website is operated by OCEANX CONSULTING PTY
LTD (ACN 615 055 368). Access to and use of the Website, or any of its
associated products or Services, is provided by OCEANX CONSULTING PTY LTD.
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 its products or Services,
immediately.
(c)
OCEANX CONSULTING PTY LTD reserves the right to
review and change any of the Terms by updating this page at its sole
discretion. When OCEANX CONSULTING PTY LTD updates the Terms, it will use
reasonable endeavours to provide you with notice of updates of 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 registering for the Services and/or making any payment as required
under the Terms for use of the Services. You may also accept the Terms by
clicking to accept or agree to the Terms where and if this option is made
available to you by OCEANX CONSULTING PTY LTD in the user interface.
3.
The Services
(a)
In order to access the Services, both the Customer
and the Supplier are required to register for an account through the Website (Account
).
(b)
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:
3.1.
Email address
3.2. Preferred username
3.3. Mailing address
3.4. Telephone number
3.5. Password
3.6. First Name
3.7. Last Name
3.8. Suburb, State
3.9. Profile Photo
3.10. ABN
3.11. Company Name
(c)
You warrant that any information you give to
OCEANX CONSULTING PTY LTD in the course of completing the registration process
will always be accurate, correct and up to date.
(d)
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.
(e)
You may not use the Services and may not accept
the Terms if:
(i)
you are not of legal age to form a binding
contract with OCEANX CONSULTING PTY LTD; or
(ii)
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.
Your obligations as a Member
As a Member, you agree to comply with the
following:
(a)
you will not share your profile with any other
person;
(b)
you will use the Services only for purposes that
are permitted by:
(i)
the Terms; and
(ii)
any applicable law, regulation or generally
accepted practices or guidelines in the relevant jurisdictions;
(c)
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;
(d)
any use of your registration information by any
other person, or third parties, is strictly prohibited. You agree to
immediately notify OCEANX CONSULTING PTY LTD of any unauthorised use of your
password or email address or any breach of security of which you have become
aware;
(e)
you must not expressly or impliedly impersonate
another Member or use the profile or password of another Member at any time;
(f)
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.
(g)
you agree not to
harass, impersonate, stalk, threaten another Member of the Website (where
interaction with other Members is made available to you);
(h)
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;
(i)
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 OCEANX CONSULTING PTY LTD;
(j)
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;
(k)
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 OCEANX CONSULTING PTY LTD for any
illegal or unauthorised use of the Website; and
(l)
you acknowledge and agree that any automated use
of the Website or its Services is prohibited.
5.
Customer and Supplier
Obligations
(a) Dadsorder
facilitates the utilization of the Dadsorder Platform for Customers to publish
Posted Orders.
(b) Suppliers
have the option to submit an Offer in response to a Posted Order, and certain
elements of Offer details may be publicly accessible, including to individuals
who are not Users.
(c)
A Customer retains the right to revoke or modify
a Posted Order at any time before accepting an Offer. Dadsorder reserves the
authority to annul all Offers made on a Posted Order prior to the modification.
(d) When a
customer accepts an Offer on the Dadsorder Platform, the Posted Order is
allocated to the specific Supplier, establishing an Order Contract between the
Supplier and
(f) Upon the
creation of an Order Contract, the Customer is required to remit the Agreed
Price for the Posted Order into the Payment Account.
(g)
Simultaneously with the creation of the Order
Contract, Dadsorder has provided Dadsorder Services, and the Connection Fee
becomes due and payable.
(h) Upon the formation
of the Order Contract, both the Supplier and Customer can modify the Contract
on the Dadsorder Platform. Utilizing Dadsorder's private messaging system is
strongly recommended for any adjustments or variations to the Order Contract,
including the Agreed Price, or for general communication.
(i) Once the
Services are finalized, both the Customer and Supplier must notify completion
on the Dadsorder Platform.
(j) Following
confirmation by both the Supplier and the Customer of the completion of the Posted
Order or Dadsorder's satisfaction that the Services have been fulfilled, the
Supplier Service Fee becomes payable, and the Supplier Funds are released by
Dadsorder from the Payment Account to the Supplier.
(k) After the
completion of the Order Contract, both parties are encouraged to provide
feedback on the Dadsorder Platform regarding the Services.
(l)
Customers acknowledge that Ocean X Consulting
does not provide any guarantee regarding the specific qualifications or
accreditations of buyers on the platform in relation to the services they offer.
6.
Payment
(a)
By OCEANX CONSULTING PTY LTD offering the
Services to you, you agree that:
Customers are required to remit a 3% Connection Fee for each order, while Suppliers are obligated to pay a 2% Service Fee for every order placed. Upon the Customer's receipt of the order and subsequent payment release, Dadsorder.com strives to process and disburse payments to Suppliers within the same business day ("Same Day Processing") after a customer successfully releases payment for a completed order. However, due to potential processing delays or limitations with financial institutions, payments may occasionally take up to 72 hours to reach your account.
(b)
All payments made in the course of your use of
the Services are made using Stripe. 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 Stripe terms and
conditions which are available on their website.
7.
Refund Policy
(a) All Suppliers agree to comply with the Australian
Consumer Law. Any benefits set out in this Policy may apply in addition to
consumer's rights under the Australian Consumer Law.
(b)
Since OCEANX
CONSULTING PTY LTD is only a facilitator in introducing the Customer to the Supplier
and providing a system to make safe payment, OCEANX CONSULTING PTY LTD does not
hold any liability to the Customer directly and will not personally refund them
any payments made in the use of Services.
(c)
Notwithstanding the above clause, if a Customer
is unsatisfied with the services provided by the Supplier or believes that they
may be entitled to a refund, then OCEANX CONSULTING PTY LTD requires the Customer
to:
(i)
contact the Supplier directly to request a
refund; and
(ii)
if contacting the Supplier is not successful
after fourteen (14) days, contact OCEANX CONSULTING PTY LTD 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 Supplier should be removed from
the Services.
(d)
If contacted by a Customer who is requesting a
refund pursuant to the above clause, the Supplier agrees that it will
immediately:
(i)
fill out the OceanX Consulting Pty Ltd refund
request form (Request Form) available upon request by contacting
help@dadsorder.com.and
(ii)
provide both the Request Form and the email from
the Customer requesting the refund to OCEANX CONSULTING PTY LTD.
(e)
If the Supplier agrees to a refund it is
acknowledged that the Supplier will instruct OCEANX CONSULTING PTY LTD to
refund all or part of the payments made to the Customer directly, less any fees
and charges incurred by OCEANX CONSULTING PTY LTD in processing the refund.
(f)
Both the Customer and Supplier agree that they
will comply with the Refund Policy contained in this clause of these Terms.
9.
Copyright and Intellectual
Property
(a)
The Website, the Services and all of the related
products of OCEANX CONSULTING PTY LTD 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 Services 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 Services
are owned or controlled for these purposes, and are reserved by OCEANX
CONSULTING PTY LTD or its contributors.
(b)
All trademarks,
service marks and trade names are owned, registered and/or licensed by OCEANX
CONSULTING PTY LTD, who grants to you a worldwide, non-exclusive, royalty-free,
revocable license whilst you are a Member to:
(i)
use the Website pursuant to the Terms;
(ii)
copy and store the Website and the material
contained in the Website in your device's cache memory; and
(iii)
print pages from the Website for your own
personal and non-commercial use.
OCEANX CONSULTING PTY LTD does not grant you any
other rights whatsoever in relation to the Website or the Services. All other
rights are expressly reserved by OCEANX CONSULTING PTY LTD.
(c)
OCEANX CONSULTING PTY LTD retains all rights,
title and interest in and to the Website and all related Services. Nothing you
do on or in relation to the Website will transfer any:
(i)
business name, trading name, domain name, trade
mark, industrial design, patent, registered design or copyright, or
(ii)
a right to use or exploit a business name,
trading name, domain name, trade mark or industrial design, or
(iii)
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),
to you.
(d)
You may not,
without the prior written permission of OCEANX CONSULTING PTY LTD 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 Services or third party Services 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.
(e)
Where you broadcast, publish, upload, transmit,
post or distribute Your Content on the Website, then you grant to OCEANX
CONSULTING PTY LTD a non-exclusive, transferrable, perpetual, royalty-free,
irrevocable, worldwide licence to broadcast, republish, up-load to a third
party, transmit, post, distribute, show or play in public, adapt or change Your
Content.
11.
Privacy
OCEANX CONSULTING PTY LTD takes your privacy
seriously and any information provided through your use of the Website and/or
Services are subject to OCEANX CONSULTING PTY LTD's Privacy Policy, which is
available on the Website.
12.
General Disclaimer
(b)
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.
(c)
Subject to this clause, and to the extent
permitted by law:
(i)
all terms, guarantees, warranties,
representations or conditions which are not expressly stated in the Terms are
excluded; and
(ii)
OCEANX CONSULTING PTY LTD 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 Services or these Terms
(including as a result of not being able to use the Services or the late supply
of the Services), whether at common law, under contract, tort (including
negligence), in equity, pursuant to statute or otherwise.
(d)
Use of the
Website and the Services is at your own risk. Everything on the Website and the
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 OCEANX CONSULTING
PTY LTD make any express or implied representation or warranty about the
Services or any products or Services (including the products or Services of
OCEANX CONSULTING PTY LTD) 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:
(i)
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;
(ii)
the accuracy, suitability or currency of any
information on the Website, the Services, or any of its Services related
products (including third party material and advertisements on the Website);
(iii)
costs incurred as a result of you using the
Website, the Services or any of the products of OCEANX CONSULTING PTY LTD; and
(iv)
the Services or operation in respect to links
which are provided for your convenience.
(e)
You acknowledge that OCEANX CONSULTING PTY LTD
Website and the Services are only intended to facilitate the interactions
between the Customer and the Supplier and does not offer any services other
than the Services and
OCEANX
CONSULTING PTY LTD 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).
12.
Competitors
If you are in the business of providing similar
Services for the purpose of providing them to users for a commercial gain,
whether business users or domestic users, then you are a competitor of OCEANX
CONSULTING PTY LTD. Competitors are not permitted to use or access any
information or content on our Application. If you breach this provision, OCEANX
CONSULTING PTY LTD will hold you fully responsible for any loss that we may
sustain and hold you accountable for all profits that you might make from such
a breach.
13.
Limitation of Liability
(a)
OCEANX CONSULTING PTY LTD's total liability
arising out of or in connection with the Services or these Terms, however
arising, including under contract, tort (including negligence), in equity,
under statute or otherwise, will not exceed the resupply of the Services to
you.
(b)
You expressly understand and agree that OCEANX
CONSULTING PTY LTD, 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.
(c)
You acknowledge and agree that OCEANX CONSULTING
PTY LTD 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.
(d)
OCEANX CONSULTING PTY LTD is not liable for any
information shared through the private message feature. Users acknowledge and
agree that the platform is not responsible for the content, accuracy, or
consequences of messages exchanged between customers and suppliers using the Private
Message feature or Questions feature.
14.
Termination of Contract
(a)
If you want to terminate the Terms, you may do
so by providing OCEANX CONSULTING PTY LTD with 14 days' notice of your
intention to terminate by sending notice of your intention to terminate to
OCEANX CONSULTING PTY LTD via the 'Contact Us' link on our homepage.
(b)
OCEANX CONSULTING PTY LTD may at any time,
terminate the Terms with you if:
(i)
you have breached any provision of the Terms or
intend to breach any provision;
(ii)
OCEANX CONSULTING PTY LTD is required to do so
by law;
(iii)
OCEANX CONSULTING PTY LTD 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
(iv)
the provision of the Services to you by OCEANX
CONSULTING PTY LTD is, in the opinion of OCEANX CONSULTING PTY LTD, no longer
commercially viable.
(c)
Subject to local applicable laws, OCEANX
CONSULTING PTY LTD 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 OCEANX
CONSULTING PTY LTD's name or reputation or violates the rights of those of
another party.
(d)
When the Terms come to an end, all of the legal
rights, obligations and liabilities that you and OCEANX CONSULTING PTY LTD 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.
15.
Indemnity
(a)
You agree to indemnify OCEANX CONSULTING PTY
LTD, its affiliates, employees, agents, contributors, third party content Suppliers
and licensors from and against:
(i)
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;
(ii)
any direct or indirect consequences of you
accessing, using or transacting on the Website or attempts to do so; and/or
(iii)
any breach of the Terms.
16.
Dispute Resolution
16.1. Compulsory:
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).
16.2. Notice:
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.
16.3. Resolution:
On receipt
of that notice (Notice) by that other party, the parties to the Terms (Parties)
must:
(a)
Within 28 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;
(b)
If for any reason whatsoever, 28 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 Australian Mediation Association;
(c)
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 precondition to the mediation commencing. The Parties must
each pay their own costs associated with the mediation;
(d)
The mediation will be held in Sydney, Australia.
16. 4. Confidential
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.
16.5. Termination of Mediation:
If 2
months 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.
17.
Venue and Jurisdiction
The
Services offered by OCEANX CONSULTING PTY LTD are intended to be used 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.
18.
Governing Law
The Terms
are 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 the Terms 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. The Terms shall be binding to the benefit of the parties hereto
and their successors and assigns.
19.
Severance
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.