Terms and Conditions
ONLINE STORE TERMS
Welcome to [https://madebytinycrowd.com] (our Online Store).
Tiny Crowd owns and operates this Online Store which is accessible from any of our websites, domain names, landing pages, or other platforms as available to users from time to time.
Tiny Crowd Pty Ltd (ACN 609 970 434) (Tiny Crowd, we, us, our) is a creative design consulting business that offers branding and marketing products and services to individuals and businesses.
These Terms and Conditions (Terms) govern your use of our Online Store, and our products and services, and form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to Tiny Crowd in writing at firstname.lastname@example.org before using our Online Store, buying our products, or engaging our services.
Tiny Crowd’s products and services are intended for users aged 18 and over.
These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
These Terms were last updated in April 2019.
1. ACCEPTANCE OF TERMS
- 1.1 By browsing, accessing, downloading, purchasing, or using the products and services offered on our Online Store, whether or not you have purchased or engaged our products and services either directly or indirectly, and irrespective of your capacity as an individual, as an employee of a business, or as a business, you acknowledge that you have read and understood these Terms and agree to be bound by them.
2. VARIATIONS TO TERMS
- 2.1 Tiny Crowdreserves the right, in its sole discretion, to vary, change or amend any part of these Terms.
- 2.2 In that event, Tiny Crowdwill provide notice of the variation by publishing the updated Terms on our Online Store.
- 2.3 The updated Terms will be taken to have effect on the date of publication.
- 2.4 Your continued use of our products and services and the Online Store constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.
- 2.5 Should you object or disagree to these Terms, you must discontinue your use of our products and services, and our Online Store.
- 3.1 Before you purchase our products and services through our Online Store, you may be required to create an account with us.
- 3.2 To create an account, you must provide us with accurate, complete and up-to-date user information, as requested from time to time, and it is your responsibility to inform us of any changes to your user information.
- 3.3 We may at any time request documents to verify your identify either at, or after, the time of creating an account.
- 3.4 You must ensure the security and confidentiality of your account details, including any username and/or Password at all times. You must notify us immediately if they become aware of any unauthorised use of your account details.
- 3.5 Once an account is created, you must not allow any other person or user to use your Password or your account or to share our products and services with anyone else.
- 3.6 If you are using our products or services, you acknowledge and agree that:
- You are solely responsible for protection and confidentiality of any password or user identification that may be issued to at the time of account creation or from time to time (Password);
- You will not reveal (or cause to be revealed through any act or omission) your Password to any other person, other than yourself;
- You will not cause any of the products and services that are available on our Online Store to be revealed or supplied to any other person or business;
- You will immediately notify us if your Password is lost or becomes known to any other person;
- You are solely responsible for all access to and use of this Online Store via your Password, whether such access or use is by you or any other person; and
- Any information you provide to us for posting or inclusion in our Tiny Crowd Community, at any time, becomes our property.
4. ONLINE STORE TERMS
- 4.1 You may buy products and services offered online by us by completing the order form available on our Online Store. To buy products and services on our Online Store, you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.
- 4.2 Subject to your compliance with these Terms, we grant you a non-exclusive and non-transferrable right to access and use our Online Store for your own personal use. You must not exploit any of Our Content for commercial benefit. Any other use of our Online Store is expressly prohibited.
- 4.3 You must not use the Online Store to:
- provide or upload false or misleading information, create a false identity or use or attempt to use another person’s Online Store account;
- hack into any part of our Online Store through password mining, phishing, or any other means;
- knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware or other similar material;
- circumvent the Online Store’s structure, presentation or navigational function so as to obtain information the Law Society has chosen not to make publicly available through the Online Store;
- act in a manner that negatively affects other users, including through a denial-of-service attack or a distributed denial-of-service attack;
- transmit any unsolicited advertising, promotional materials or other materials that contain any solicitation with respect to products or services that are not deemed items, unless expressly authorised by Tiny Crowd; or
- attempt to modify, reverse engineer, or reverse-assemble any part of Tiny Crowd’s Online Store.
- 4.4 Without limiting clause 4.3 above, you must comply with all applicable laws, regulations, codes or standards when using the Online Store.
6. PLACING YOUR ORDER
- 6.1 You may place an order to purchase Tiny Crowd’s products and services via our Online Store or directly via correspondence with one of our representatives.
- 6.2 Once you submit an order, you cannot cancel it. All orders are subject to acceptance by us within our sole discretion.
- 6.3 All orders will be processed on business days in Victoria, Australia, which are Monday to Friday, excluding public holidays.
7. ORDER PROCESS
- 7.1 Any order you submit via our Online Store is subject to our acceptance of your order and the availability of items. Until you complete a purchase, any item(s) in your cart are not reserved and may be purchased by other customers.
- 7.2 You must pay for an item at the time you place your order through our Online Store and Tiny Crowd will deduct all amounts owing at the time of processing your order.
8. ONLINE STORE AVAILABILITY AND CHANGES
- 8.1 Tiny Crowd may withdraw and/or re-offer any item listed for sale on its Online Store, including through any means of access to the Online Store (websites, domain names, URLs, landing pages and/or any other medium) if the item:
- becomes unavailable, or
- was incorrectly described or listed.
- 8.1 Tiny Crowd may withdraw and/or re-offer any item listed for sale on its Online Store, including through any means of access to the Online Store (websites, domain names, URLs, landing pages and/or any other medium) if the item:
- 9. DISCOUNTS, PROMOTIONS AND OFFERS
- 9.1 From time to time, Tiny Crowd may offer the opportunity to purchase its products and services at a discounted or promotional price on our Online Store, subject to these Terms.
- 9.2 Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as published online from time to time on our Online Store.
- 10. PRICES
- 10.1 All prices for Tiny Crowd’s products and services are in Australian dollars (AUD) and as displayed via our Online Store or otherwise confirmed verbally at the time of purchase.
- 10.2 We display all prices as a single price (final price at checkout), which means they are GST inclusive. We don’t sell products or services that require in person delivery and so there are no delivery charges, customs duty, or other taxes charged by us to you within Australia.
- 10.3 All prices are subject to change without notice, except as displayed online or confirmed verbally at the time of purchase.
- 10.4 All products and services are offered for sale subject to availability. If an item is out of stock or not being run at a certain point in time, we may contact you to offer a substitute. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged.
- 11. PAYMENTS
- 11.1 Invoices and receipts for any of Tiny Crowd products and services are automatically generated to the email address entered at the time of purchase or as registered to your account, but can otherwise be requested at any time by emailing email@example.com.
- 11.2 In circumstances where we invoice you for payment, payment becomes due and payable in accordance with the date prescribed on that invoice. Failure to make payment by the payment due date may lead to suspension or termination of our products and services in accordance with clause 20.
- 11.3 Some of our payments are operated through an online and automated billing system by using a default payment provider (Online Payment). Our default payment provider may include Stripe, PayPal, Zipay, Afterpay or any other such default payment providers as nominated by us and made available on our Online Store from time to time. Where your payments are made via Online Payment:
- You authorise us to receive the Online Payment and agree that this may occur by either debiting your account for a once-off payment, or by debiting periodic payments over a period of time (as the case permits), to ensure that all Online Payments are met and made in accordance with these Terms and the terms of our default payment provider.
- You agree to ensure sufficient funds are available in your nominated account to meet each Online Payment.
- You agree not to cancel any Online Payment due to us and that we may rely on these Terms to reinstate or recover any cancelled Online Payment or default in Online Payment until such time as they are made.
- In the event there are insufficient funds in your nominated account to meet the periodic payment, or where the periodic payment is in default, we reserve our right to charge you a fee.
- In that event, you also authorise us to debit your nominated account within 3 business days of the initial default, for the Online Payment and any associated fee referred above.
- 11.4 Any default in Online Payment or any payment by the payment date may lead to suspension, or termination of the Online Store or our products and services in accordance with clause 20.
- 12. REFUNDS AND CANCELLATION POLICY
- 12.1 Tiny Crowd does not provide refunds for change of mind purchases.
- 12.2 Any cancellation or refund request will be assessed on a case-by-case basis, in accordance with the following:
- the costs associated with each product or service delivered by Tiny Crowd to you, or otherwise where Tiny Crowd determines in its sole discretion that genuine value has not been received or is not able to be received by you.
- 12.3 Cancellation or refund requests must be made in writing to us at firstname.lastname@example.org.
- 12.4 Nothing in these Terms is intended to exclude or limit your rights as a consumer in accordance with the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law set out in Schedule 2 of this Act (ACL) whereby any refunds or claims in respect of our goods and/or services is limited to the following, at our option, unless otherwise compelled to do so by law or a Court of competent jurisdiction, as follows:
- in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
13. PRODUCTS AND SERVICES DISCLAIMER
- 13.1 All of Tiny Crowd products and services are intended for general personal and business coaching, consulting, educating and training but also for the generation of business branding, creative and graphic design products and services for businesses, and individuals. Our coaching and educational products and services are primarily in the form of online education and training modules, or otherwise as facilitated through video meetings, e-workshops and e-seminars from time to time, whereas our business branding, creative and graphic design services are generated according to proforma packages or customised work for you according as outlined by our online terms and conditions of use, and any proposal or contract entered into with us. Any template or pro-forma packaged bundle services, information, guidelines, forecasts and recommendations made by Tiny Crowd in relation to its products and services are made on the basis of information that was available to Tiny Crowd at the time.
- 13.2 Any timelines or delivery dates are provided by Tiny Crowd on an estimated basis only. Tiny Crowd makes no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond its control, such as the failure to provide or delay in provided information from you to us, and is not responsible for any delay in delivering its final products and services.
- 13.3 Nothing on our Online Store, or any of the content provided to you by us in the supply or in connection with our products and services, purports to offer any legal, financial, business, information technology or other professional advice. You acknowledge and agree that we are branding, creative and graphic design industry professionals first and foremost, and that we aim to teach skills and equip you with tools and templates for your own navigation, implementation, development and use within these disciplines, or otherwise as custom built and designed by us for you. Before acting on any recommendations and information you receive in connection with our products and services you acknowledge and agree to seek such other independent professional advice as required.
- 13.4 We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you. You also acknowledge and agree to hold Tiny Crowd harmless for any loss suffered as a result of our recommendations and information supplied in connection with our products and services and in accordance with this Online Store and further acknowledge and agree that the indemnities under clause 12 are considered reasonable.
- 13.5 Tiny Crowd is not a legal services provider and cannot provide any legal advice or business advisory services relative to the suitability of our products and services. You are solely responsible for determining whether our products and services are suitable for use in accordance with any laws and regulations that govern you, your employ within a business, and your employer’s industry.
14. RESULTS AND PROFITABILITY DISCLAIMER
- 14.1 Tiny Crowd’s products and services are educational, and consultancy based only and the extent of any results to be attained by you whether for your own personal or professional development is dependent upon you solely.
- 14.2 Tiny Crowd provides online coaching and education, by supplying, courses, content, information, teaching skills, and providing support, guidance and tools for its clients and students, i.e., you, to set goals, determine priorities and achieve results, but any decisions made, and the consequences that flow from those decisions, is your sole responsibility. Your success depends on many factors, including your own commitment, dedication, desire, and motivation, your dissemination and application of our education and training modules to your own circumstances or to that of the business you are in the employ of, considering your own personal and professional development, or your employer’s capabilities, and the general economic climate.
- 14.3 Tiny Crowd cannot and does not make any guarantees about your ability to obtain personal or business results or improve business profitability in connection with our products and services, particularly arising from our online coaching, courses, education, content, training, ideas, information, publications, templates and tools. You acknowledge that there is inherent uncertainty in any personal and professional development, professional enterprise and revenue generating activity and agree there is no guarantee that personal and professional development, efficiency, productivity or profitability will improve or increase as a result of your use and supply of our products and services.
- 14.4 Any testimonials and examples of our products and services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results.
15. GENERAL DISCLAIMER
- 15.1 We offer a number of services and products on our Site from time to time.
- 15.2 You acknowledge and agree that each service or product offering may have different terms, prices and fees, as displayed on our Site or as contained in any contract entered into with you and us for those services.
- 15.3 Any timelines or delivery dates are provided by Tiny Crowd on an estimated basis only. Tiny Crowd makes no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond its control, and is not responsible for any delay in delivering its final products and services.
- 15.4 All pre-branding kits are not intended to provide bespoke or custom-made solutions. Our kits are delivered on a template basis that allows you to change the wording of your brand and the colour scheme, but will not include changes to the font, design or layout. All kits are delivered online according to the details supplied by you to us in our online form. You acknowledge and agree that timeframes will become extended where details are missing, or you delay provision of this form to us.
16. COPYRIGHT AND TRADE MARK NOTICES
- 16.1 All material within this Online Store, or otherwise delivered in connection with our products and services, including (but not limited to) access to our portal, templates, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
- 16.2 You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
- 16.3 The trade marks, logos, and service marks displayed on our Site to denote the Tiny Crowd brand are the registered or unregistered trade marks of Tiny Crowd (Tiny Crowd Marks). The Tiny Crowd Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to Tiny Crowd, in any manner that is likely to cause confusion with customers, or in any manner that disparages Tiny Crowd.
- 16.4 Nothing contained on this Site or in our Tiny Crowd should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Tiny Crowd Marks without our express written permission.
- 16.5 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Tiny Crowd will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
- 17.1 While Tiny Crowd will reasonably endeavour that its Online Store is available continuously, Tiny Crowd does not make any representations or warranties that your access will be uninterrupted, timely, secure or error free.
- 17.2 Your access to the Online Store may be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond our control.
- 17.3 Except as expressly provided otherwise in the Terms, Tiny Crowd reserves the right to change or discontinue any Online Store feature or service (or part thereof) on the Online Store at any time.
18. THIRD PARTY LINKS, AFFILIATES & SPONSORS
- 18.2 As affiliates of certain products and services we may also receive compensation for recommending, endorsing or promoting products and services as featured on our Online Store, via Tiny Crowd Community or in the course of delivering our products and services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those products and services which are not our own.
- 18.3 We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain products and services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored products and services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted products and services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.
- 19.1 You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damages (including but not limited to legal costs and disbursements on a full indemnity basis) whether incurred or suffered by you, or us, as a direct, or indirect consequence of using, or attempting to use our information, products, services, or for any breach of these Terms by you, or your agents.
- 19.2 We are not responsible, and expressly limit our liability to the extent permitted by law in accordance with clause 13 above, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site, Tiny Crowd Community or by engaging with us for our products and services.
20. LIABILITY IS LIMITED
- 20.1 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.
- 20.2 In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, our products or our services.
- 20.3 These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
- Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
- Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
- Accessing websites or servers maintained by other organisations through links on our Site, Tiny Crowd Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.
- The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
- 21. TERMINATION
- 21.1 If you have breached these Terms or any of the terms and conditions governing the supply of our products and services, Tiny Crowd may (at its option, and without limiting the remedies available to it in any way) bar, suspend or terminate your access or use of the Online Store on a permanent or temporary basis.
- 21.2 If this occurs, you must not access or attempt to access or use the Online Store during the period of your bar, suspension or after termination.
- 22. GENERAL
- 22.1 We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.
- 22.2 If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
- 22.3 If any provision in these Terms is unenforceable, illegal or void or makes these Terms or any part of them unenforceable, illegal or void, then that provision is severed, and the rest of these Terms remain in force. If any provision in these Terms is unenforceable, illegal or void in one jurisdiction but not in another jurisdiction or makes these Terms or any part of them unenforceable, illegal or void in one jurisdiction but not in another jurisdiction, then that provision is severed only in respect of the operation of these Terms in the jurisdiction where it is unenforceable, illegal or void.
- 22.4 Clauses 15 and 22 survive termination or expiry of these Terms together with any other term by which its nature is intended to do so.
- 23. DISPUTE RESOLUTION
- 23.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause 22.
- 23.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
- 23.3 In the case of claims against us, all notices are to be provided to email@example.com.
- 23.4 If the dispute is not resolved by agreement within five business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
- 23.5 Once a mediator is appointed, the parties agree that:
- The costs of the mediator shall be borne equally between the disputing parties.
- The chosen mediator shall determine the procedures for mediation.
- The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
- 23.6 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
- 23.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
- 24. APPLICABLE LAW
- 24.1 These Terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the non-exclusive jurisdiction of the courts in Victoria, Australia to determine any matter or dispute which arises between us.
- 25. CONTACT US
- 25.2 If you have questions or comments regarding our Online Store or Tiny Crowd products and services, please email us at firstname.lastname@example.org.
Company Name: Tiny Crowd Pty Ltd
ACN: 609 970 434