SHINDIG MOBILE APPLICATION
TERMS AND CONDITIONS
Updated: November 2016
Please read these terms and conditions (“Terms”) carefully before using the Shindig mobile application (“Application”) operated by Shindig Industries Pty Ltd (“Shindig”, "us", "we", or "our").
These Terms apply to the use of the Application, and your access to and use of the Application is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Application. You warrant that you are at least 18 years old and you are legally capable of entering into binding contracts. If you are under 18 years old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf. By accessing or using the Application you agree to be bound by these Terms. If you disagree with any part of the Terms then please discontinue using the Application. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this Application.
“Account” means a user account registered via the Application;
"ACL" means the Australian Consumer Law Schedule of the Competition and Consumer Act;
“Application” means the Shindig mobile application;
“Buyer” means a User who is buying or purchasing Goods or Services on the Application;
“Goods” means the goods made available for purchase on the Application;
“Messages” means the messenger communication system available within the Application;
“Seller” means a User who is providing Goods or Services for sale on the Application;
"Services" means the services made available for purchase on the Application;
"Terms" means these terms and conditions;
“User” means a user of the Application who has registered accordingly; and
"You" means the person, jointly and severally if more than one, using the Application.
APPLICATION OF THE TERMS
1. The Application is owned and operated by Shindig.
2. Through this Application you can:
a. register an Account;
b. advertise and sell Services and Goods; and
c. purchase Services and Goods.
3. Shindig may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on this Application. It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Application. Your continued use of this Application after any amendment becomes effective will constitute your agreement to be bound by these Terms, as amended.
4. Shindig reserves the right to vary or modify the information contained on this Application, to change or discontinue any feature or part of this Application, and/or to change the requirements needed to access this Application, without notice and without liability.
BUYER / SELLER RELATIONSHIP
5. The Application provides a platform for Users to browse and acquire certain Services and Goods. It is important to note that when you are purchasing a Service or Good, you are buying it from one of the many independent Sellers who we are hosting on the Application, not from Shindig itself. At no stage does our hosting create a buyer/seller relationship between us and any User.
ACCOUNTS AND ACCOUNT INFORMATION
6. You will be prompted to register an Account with Shindig in order to access to the Application. You will be required to provide certain information when registering an Account (“Account Information”). The Account Information may include, but is not limited to, your name, contact details, identification details, social security number, bank account details and credit card details.
7. You are responsible for the content of all Account Information. All Account Information you enter must be accurate, complete, current and not misleading. Failure to do so constitutes a breach of these Terms, which will result in immediate termination of your Account. You are responsible for maintaining and updating your Account Information.
8. Upon registering an Account, you will create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any and all activities on the Application which occur under your login and password.
9. You must not assign, provide access to or otherwise dispose of your Account to any other person.
10. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any Account Information which you transmit to us. Accordingly, any Account Information which you transmit to us is transmitted at your own risk. Nevertheless, once you submit the Account Information, we will take reasonable steps to preserve the security of such Account Information. You agree that you will not share your password, let anyone else access your Account, or do anything that might put the security of your Account at risk.
11. You must indemnify Shindig for any losses, costs, expenses or damages that Shindig may suffer or incur if any if the Account Information provided by you is not correct.
12. Shindig may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
13. Upon termination, your right to use the Application will immediately cease. If you wish to terminate your Account, you may simply discontinue using the Application. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Shindig shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
15. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Application or by sending a communication to any address (email, within the application or otherwise) that we have for you in our records.
LINKS TO THIRD PARTY WEBSITES
17. You may be able, through hypertext or other links, to gain access to websites which are not owned or operated by Shindig (“Linked Sites”) from time to time. Unless otherwise specified, the Linked Sites are not under Shindig's control.
18. The Linked Sites may have different terms and conditions and privacy requirements. We strongly advise you to read the terms and conditions and privacy policies of any Linked Sites that you visit. Shindig is not responsible for the content or practices of any Linked Sites, or any changes or updates to such sites.
19. You acknowledge and agree that Shindig shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Site.
20. Shindig provides these links for your convenience only. Unless specified, Shindig does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.
DISCLAIMER (USE OF THE APPLICATION)
21. Shindig does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on the Application (“Information”). The Information is provided by Shindig in good faith on an "as is" basis without warranty of any kind.
22. Shindig does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Application and the Information is at your own risk.
23. We are not liable for the consequences of any interruptions or error in the Application.
24. All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Application or the Information is expressly excluded to the maximum extent permitted by law.
25. Shindig makes no warranties, guarantees or representations that the material in this Application will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information accessed or downloaded.
LIMITATION OF LIABILITY (USE OF THE APPLICATION)
26. Shindig will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on the Application. Under no circumstances will Shindig be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits.
27. Where liability cannot be excluded, any liability incurred by Shindig is limited to the re-supply of the Information on the Application or the reasonable costs of having the Information re-supplied.
CONTESTS, SWEEPSTAKES AND PROMOTIONS
29. The Application allows Users to communicate via Messages. However, any inappropriate communications on behalf of any User will not be tolerated and is a breach of these Terms. Inappropriate communications include:
a. harassing, vilifying, abusing and bullying another User;
b. using the communication tools for the purposes of spam or unnecessary requests;
c. using any language that is unlawful, threatening, abusive, defamatory, racist, sexist, homophobic, incites hate, anti-religion or otherwise disrespectful to any member for any reason; and
d. any use of the Messages for the purposes of bringing a particular seller’s reputation into unfair disrepute, including making false or misleading statements to other Users about a particular User, Service or Good in an attempt to reduce that User’s business.
30. You agree to indemnify Shindig for any losses, costs, expenses or damages that Shindig may suffer or incur as a result of your breach of section 29 of these Terms.
31. You acknowledge and agree that all original content, coding, graphics, and Information available on this Application (excluding User Content) (“Original Content”) is protected by copyright, trade mark or other intellectual property rights and laws and remains the property of Shindig or third party suppliers as the case may be.
32. No part of the Original Content may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without Shindig's prior written consent. However, you may download and print these Terms for your personal non-commercial use.
33. All trade marks and trade names which appear on the Application in connection with the Original Content are proprietary to Shindig and/or its affiliates. Use of these trade marks without the owner's consent will infringe the owner's intellectual property rights. Nothing in the Application should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.
34. You are permitted to use the Application only as authorised by us. As a User, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Application to access the Original Content and purchase the Goods and/or Services, subject to these Terms.
35. As a condition of your access to and use of the Application, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Application or your breach of these Terms and any applicable law or the rights of another person or party.
36. This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
37. Our Application allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you submit to, publish or display on or the Application, including its legality, reliability, and appropriateness.
38. By submitting, publishing or displaying User Content on the Application, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Application. You retain any and all of your rights to any User Content you submit, publish or display on or through the Application and you are responsible for protecting those rights. You agree that this license includes the right for us to make your User Content available to other Users of the Application, who may also use your User Content subject to these Terms.
39. You represent and warrant that:
a. you own the User Content or you have the right to use it and grant Shindig the rights and license as provided in these Terms;
b. the posting of your User Content on or through the Application does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person.
c. the submission, publication or display of the User Content on the Application will not cause you or Shindig to breach any law, regulation, rule, code or other legal obligation;
d. the User Content will not be, or could not be reasonably considered to be, obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
e. the User Content will not be or contain unsolicited, undisclosed or unauthorised advertising;
f. the User Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and
g. the User Content does not bring Shindig or the Application into disrepute.
40. We are under no obligation to regularly monitor the accuracy or reliability of the User Content incorporated into the Application. We reserve the right to modify or remove any User Content at any time.
41. You acknowledge and agree that all User Content you provide on the Application will be publicly available information and you bear the risks involved with such public disclosures.
LISTING OF GOODS OR SERVICES FOR SALE
42. As a User, you are able to list Services or Goods on the Application for purchase by other Users of the Application.
43. It is your responsibility to list your Services or Goods for sale (“Listing”). All information submitted to the Application relating to your Listing, including but not limited to product description and price (“Listing Information”) must be accurate, complete and not misleading. It is your responsibility to maintain and update your Listing as required, and to remove your Listing when you are no longer offering the relevant Service or Good for sale.
44. Any Seller found falsifying their Listing Information will have their Listing removed immediately and will have their Account permanently deleted. You agree to indemnify Shindig for any losses, costs, expenses or damages that Shindig may suffer or incur if any of the Listing Information provided by you is not correct.
45. As a Seller, you agree that you are representing yourself and your Listings to the greater public. As such, Shindig requires that any information you provide about yourself, your Services or Goods and your own policies (including payment methods, refund policies etc.) is fair, honest, accurate and not misleading. A failure to abide by these policies can result in your Account being permanently deleted.
46. You acknowledged that you are responsible for the Listing Information at all times. Shindig will not be responsible for any inaccuracies in the Listing Information, including but not limited to inaccuracies regarding the price, description or availability of the Services or Goods, whether caused by human or technical error. You also acknowledge that you may experience delays when updating Listing Information on the Application.
LIMITATION OF LIABILITY (SELLING)
47. Shindig will in no way be liable to any Seller for any injury, loss or damage arising out of or related to the listing of (or inability to list) their Services or Goods on the Application. Under no circumstances will Shindig be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits.
48. Where liability cannot be excluded, any liability incurred by Shindig is limited to the re-listing of your Service or Good on the Application or the reasonable costs of having the relevant Listing re-listed.
49. All transactions made through Shindig will incur a 5% transaction fee on the price of the purchase (“Transaction Fee”). The Transaction Fee will be deducted from the purchase price after payment is made by the Buyer.
50. The Transaction Fee is non-refundable in the event of changes of mind, cancellations or refunds for whatever reason.
WHAT SERVICES AND GOODS CAN AND CANNOT BE LISTED
51. The types of Services and Goods that a Seller is allowed to list are as follows:
i. Graphic & Web Design services
ii. Web Development services
iii. Photography services
iv. Photo booth services
v. Videography services
i. Music/Band services
ii. DJ (Disc Jockey) services
c. Amusement services (Jumping castles, Magicians, Face painting, Balloon twisting, Bubble Soccer, Foosball, Air Hockey, Arcade Video Games, Mechanical Bulls, Pinball Machines, High Striker machines, Twister)
i. Hair Styling services
ii. Makeup (MUA) services
iii. Nail Technician services
iv. Fake Tanning Services
i. Mobile Food and Beverage Services
ii. Cake creation services
iii. Catering Services
f. Specialty Services:
i. Event Specialist Services (Event Stylists, Event coordinators)
ii. Security Services
iii. Speaker services (MC Host, Celebrants, Comedians)
i. Costume services
iii. Equipment Services
iv. Transportation Services
v. Venue Services
52. Prohibited items which must not be sold on the Application include:
a. Adult-only items, including adult entertainment, enhancing drugs or ex toys;
b. Animal parts;
c. Animal Trapping Devices;
d. Bongs and water pipes;
f. Capital bonds;
g. Cigarettes and related products;
h. Drugs and drug paraphernalia;
i. Fake, replica or trademark items (unless clearly specified as so);
j. Firearms and ammunition, including guns (including air guns, replica guns and silencers), ammunition and hunting equipment;
k. GPS signal blockers;
l. Human parts, remains or services, including organs, blood, bone and waste, sperm and eggs, donor, surrogacy and fertility services and pregnancy tests;
m. Lottery tickets;
n. Nazi memorabilia;
o. Parking permits;
p. Personal information or mailing lists;
q. Red diesel;
r. Security tag removal items;
s. Stolen goods;
t. Unlocked hardware;
u. Unlocking software;
v. Used underwear;
w. Weapons and knives (excluding knives as part of a cutlery set); and
x. any other items that are illegal in the state and/or country of purchase, or which Shindig deems to be prohibited for sale on the Application from time-to-time its in absolute discretion.
53. If you see any potentially prohibited Services or Goods for sale on the Application, please contact Shindig immediately.
54. Under no circumstances may a Seller offer for sale any Services or Goods which contains another person’s intellectual property or copyrighted material. This is not only a breach of these Terms but also a breach of the ACL. Such a breach will result in the User’s Account being deleted.
55. You agree to indemnify Shindig for any losses, costs, expenses or damages that Shindig may suffer or incur as a result of your breach of any third party’s intellectual property rights
56. The Application allows Users to review Sellers’ Services and Goods.
57. When providing a review for a Service or Good, you warrant that:
a. You have purchased and used the Service or Good;
b. The content of the review is honest and accurate; and
c. You have not falsified the review so as to damage the reputation of the Seller who provided the Service or Good.
58. Under no circumstances may a Seller adopt the process of ‘shilling’ - by creating fake Accounts in order to leave positive reviews for themselves (in turn making their Service or Good look more desirable). Shilling is a clear breach of these policies and contravenes the ACL.
59. In the interests of honesty, no Seller may delete or manipulate any negative review that another User has left on their store (provided the review was itself fair and accurate). They may, however, leave a response to any negative feedback addressing the issue at hand.
60. If a Seller does not agree with any review left on their store, they may communicate with the User who left the review in an amicable and friendly manner to address the issue. If the issue is resolved, the Seller may ask the User to clarify (but not remove) the review and highlight how their issue has been resolved. Or, the Seller may respond to the review highlighting how the issue was resolved.
61. You agree not to post any review that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material. If you do, you agree to indemnify Shindig for any losses, costs, expenses or damages that Shindig may suffer or incur as a result.
62. Shindig reserves the right, but not the obligation, to review, edit or delete any review that Shindig deems to be illegal, offensive or otherwise inappropriate.
ISSUES / ESCALATION
63. If any legitimate dispute or issue arises in regards to a purchase, you may contact Shindig. We will try and help you resolve your issue with the particular Seller or Buyer. Please note that we ask that you attempt to come to an amicable resolution with the Seller or Buyer first and foremost in a polite and reasonable manner – often it is just a matter of misunderstanding.
64. Should such a resolution not be possible and the Buyer is not satisfied with the Good or Service the Buyer is able to request a refund by contacting Shindig (via the contact details below) within 48 hours from the date on which the Seller marks the sale or booking as ‘complete’.
65. After contacting Shindig and requesting a refund, the Buyer must explain the reasons they are requesting a refund. Shindig will then contact the Seller if necessary and review the situation to help identify the issue. If the refund is approved by Shindig, in its absolute discretion, the Seller must refund the Buyer the purchase price minus the Transaction Fee. The Buyer acknowledges that the Transaction Fee is non-refundable (subject to your rights under the Australian Consumer Law).
66. If a particular item ordered and duly purchased does not arrive at the correct address (or at all), you may contact the Shindig via the contact details below. We note that sellers are required to keep documentary proof that an item was properly sent to a buyer’s address to help address this issue.
67. Making any frivolous or unnecessary complaints as a Buyer in relation to a Seller is a breach these policies. Any complaints made must be serious and based on sufficient grounds. Frivolous complaints include issues outside of a seller’s control (for example, a delivery company fault), or any other complaints that may be regarded as trivial or minute in nature.
68. By purchasing a Service or Good, you warrant that:
a. you understand you are not entering into a buyer/seller relationship with Shindig (as stated above);
b. you have clearly read and understood the Listing Information;
c. you have either paid for the Service or Good or are going to pay for the item;
d. you have the legal right to use any credit card(s) or other payment method(s) in connection with the purchase of the Service or Good; and
e. the information you supply in connection with the purchase is true, correct and complete.
69. When purchasing a Service or Good, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, credit card security number, your billing address, and your shipping information. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of the Purchase.
70. When you commit to purchasing a Service or Good, you are bound by that decision and required to pay the relevant purchase price to the Seller (unless otherwise specified by the Seller). A failure to pay is a clear breach of these Terms.
71. The Application is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any Services or Goods. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Application.
72. Making unreasonable demands of a Seller or Buyer constitutes a breach of these policies. As a purchaser, you are subject to whatever express terms the Seller has outlined on his or her Listing. Demanding the Seller or Buyer to change the way he or she processes payment, delivers the item to the buyer or to significantly change the purchase price (etc.) will not be tolerated.
73. All Goods and Services should be purchased through the Application. If Goods or Services are purchased outside of the Application the Buyer will not be afforded the protections offered by Shindig when using the Application. Shindig will not be liable for any losses incurred by the Buyer or Seller when the relevant Goods or Services are purchased outside of the Application.
CANCELLATIONS AND REFUNDS
74. Shindig reserves the right to refuse or cancel your reservation, order or purchase at any time for any reason including but not limited to: Service or Good availability, errors in the Listing Information, errors in your order or if fraud or an unauthorised transaction is suspected.
75. If you wish to cancel a reservation, order or purchase, it is your responsibility to make contact with the Seller. Each Seller may have their own refund policies.
DISCLAIMER (SERVICES AND GOODS)
76. Shindig does not warrant or guarantee that the Services or Goods are suitable for your intended use.
77. You agree that Shindig is not responsible for examining or evaluating the content or accuracy of the Services, Goods, Listings or any User Content, and that Shindig will not, to the fullest extent permitted by law, have any liability or responsibility for any Services or Goods sold via the Application.
78. Shindig does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability or completeness of the Listings. You purchase the Services and Goods entirely at your own risk.
79. Shindig does not warrant or represent that the Listings are free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
LIABILITY (GOODS AND SERVICES)
80. Shindig will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) a Service or Good on the Application. Under no circumstances will Shindig be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits.
81. If you are a consumer, nothing in the Terms restricts limits or modifies your rights or remedies against a Seller for failure of a statutory guarantee under the ACL.
82. Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.
83. By accessing and using this Application, you agree to submit to the exclusive jurisdiction of the Courts of Victoria. If you access this Application from other jurisdictions, you are additionally responsible for compliance with local laws.
84. Shindig's failure to enforce any of these Terms shall not be construed as a waiver of any of Shindig’s rights.
85. If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms.
86. Payment processing services for Buyers and Sellers on Shindig are provided by Stripe and are subject to the (https://stripe.com/au/connect-account/legal), which includes the (https://stripe.com/au/legal) (collectively, the “Stripe Services Agreement”). By agreeing to these terms and conditions or continuing to operate as a Buyer or Seller on Shindig 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 Shindig enabling payment processing services through Stripe, you agree to provide Shindig accurate and complete information about you and your business, and you authorize Shindig to share it and transaction information related to your use of the payment processing services provided by Stripe.
87. If you have any queries about these Terms, please contact us using the information below
Website and Social Media