Terms & Conditions

Customer Terms and Conditions

1. Introduction
   1.1. These terms and conditions govern use by Customers who use The Together Project platform and app (together referred to as Platform). The Platform is available at www.thetogetherproject.co.
   1.2. The Platform is provided by The Together Project Pty Ltd (ABN 60 128 374 505) (we, us and our) to users. These users may be:
   (a) Artisans, creators, and others who wish to list and sell Goods globally. (Vendors); or
   (b) People who wish to buy those Goods (Customers).
   Vendors and Customers are referred to collectively as Users.
   1.3. The Platform enables Customers to find and connect with Vendors.
   1.4. To access and use the Platform Goods as a Customer, you need to register and agree to comply with these terms and conditions.
   1.5. If you are accessing the Platform to purchase Goods on behalf of a Customer, you warrant:
   (a) that you are authorised to do so by that Customer; and
   (b) you will commit that Customer to these terms and conditions.
   1.6. These terms and conditions govern use of the Platform by Customers. If you are wanting to have access to the Platform as a Vendor, please click here.
   1.7. When a Customer purchases a Vendor’s Goods through the Platform, a separate agreement, to which we are not a party, will come into existence between the Vendor and the Customer. The supply of Goods is made pursuant to that Vendor’s Supply Terms.
2. Definitions and Interpretation
   2.1. In these terms and conditions, the definitions have the following meanings:
   Applicable Laws means all laws that apply in the jurisdiction of a Vendor and the jurisdiction of a Customer and that are applicable to a purchase by that Customer of that Vendor’s Goods.
   Australian Law means any Commonwealth, State, Territory or local government legislation in force in Australia.
   Customer Profile means the online profile a Customer creates that allows them to search for Vendors and purchase Goods.
   Goods means the goods or products that a Vendor supplies to a Customer via the Platform.
   GST means Goods and Services Tax, as defined by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
   Loss includes any liability, damage, costs (including legal costs on a solicitor and own client basis) and other outgoing, and any diminution in value of, or deficiency of any kind, in anything.
   Payment means amount paid by a Customer to a Vendor for the provision of Goods.
   Sales Tax means a tax or charge that a seller of goods is required to levy on the price of goods, and payable by the purchaser of goods, however that tax is described.
   Vendor Profile means the online profile of a Vendor that allow Customers to search for and purchase Goods form that Vendor.
   Supply Terms means the terms (if any) between the Vendor and the Customer pursuant to which a Vendor supplies Goods to Customer, and are separate from these terms and conditions.
   2.2. In these terms and conditions, unless the context otherwise requires:
   (a) words denoting any gender include all genders;
   (b) headings are for convenience only and do not affect interpretation;
   (c) the singular includes the plural and vice versa;
   (d) a reference to a party includes its successors and permitted assigns;
   (e) a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity; and
   (f) a reference to a statute or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them.
3. Agreement
   3.1. By creating a Customer Profile on the Platform, you agree to comply with these terms and conditions.
   3.2. You will be able to purchase Goods from Vendors through the Platform.
   3.3. Nothing in these terms and conditions constitutes a relationship of employer and employee, principal and agent or partnership between you and us or between you and a User.
4. Your Responsibilities
   4.1. The responsibilities in this clause apply when you are using the Platform, purchasing, and receiving Goods from Vendors, unless otherwise stated.
   4.2. You must comply with the policies and procedures we publish on our website. You can find these here and here.
   4.3. Your failure to comply with our policies and procedures may result in suspension and/or termination of your right to use the Platform.
   4.4. You must:
   (a) comply with all Applicable Laws when using the Platform and purchasing Goods;
   (b) bear all costs and expenses related to your use of the Platform.
   4.5. During and for a period of 12 months following when you cease to be a Customer you must not, without our prior written consent, engage with any of our Vendors, for the purpose of purchasing Goods, outside of the Platform.
   4.6. You warrant that all information required to be provided to us when you registered as a Customer and during the time you remain registered as a Customer or using the Platform is true accurate, current and complete.
   4.7. You must not, in relation to your use of the Platform:
   (a) interrupt or attempt to negatively impact or alter the operation of the Platform in any way;
   (b) engage in any other practices which may adversely affect the credibility or reputation of the Platform and/or us;
   (c) use the Platform in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
   (d) reverse engineer, decompile or disassemble the Platform or use the Platform to develop a solution that is the same or substantially similar to the Platform;
   (e) licence, sell, rent, lease, transfer, assign or otherwise commercially exploit, or otherwise make the Platform available to any third party;
   (f) except as permitted under this agreement, modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or resell any information, content, software, or materials made available through the Platform; or
   (g) engage in any misleading or deceptive conduct or any other conduct that would contravene the Australian Consumer Law.
   4.8. You grant to us a royalty-free, non-exclusive, worldwide licence to use your name together with your images and other information in your profile on the Platform for the purpose of promoting you on the Platform and for the purpose of promoting the Platform to new Users. This licence will automatically terminate when you close your account on the Platform.
   4.9. In order to use the Platform, you must provide us with certain information about yourself. We will handle and store this information in accordance with our privacy policy.
5. Our Responsibilities
   5.1. We will provide you with access to the Platform. We will take commercially reasonable measures to ensure the availability of the platform. You agree that we will not be liable for any losses suffered by you during any period during which the Platform is not operational.
   5.2. We may, at any time, enhance and/or alter the features of the Platform at our sole discretion and without notice to you.
   5.3. We will engage a third-party payment facilitator to enable you to purchase Goods without us collecting your payment details.
6. Price of Goods and Payment
   6.1. Vendors are responsible for setting the price of the various Goods that they offer for sale.
   6.2. The invoice will contain sufficient information to enable you to know the amount of gross payments you have made and to which Vendors in any period.
   6.3. We will collect the payment for the Goods on behalf of the Vendors.
   6.4. We will keep and maintain true, complete and accurate financial records of the gross Service Fees paid by you. These records will be made available to you on the Platform.
   6.5. Where GST or other Sales Tax is payable on Goods you purchase, the Vendor will reflect this in their invoice.
7. Liability
   7.1. We are not responsible for any communication, interaction or relationship between you and any other Users of the Platform, whether or not it occurs on the Platform or by another means.
   7.2. Terms, conditions and warranties implied by Applicable Laws which cannot be excluded, restricted or modified apply to these terms and conditions to the extent required by Law.
   7.3. to clause 7.2, our total and aggregate liability for loss suffered or sustained by you or a Vendor in connection with the provision of the Platform:
   (a) whether arising as a result of breach of contract, in tort (including negligence) or under statute; and
   (b) whether or not arising pursuant to an indemnity in these terms and conditions,
   is limited to us providing you with access to the Platform again.
   7.4. Neither party will be liable to the other party (or any other person) for any Indirect Loss arising from a breach of this Agreement.
   7.5. For the purposes of clause 7.4, the term Indirect Loss means Losses which do not arise naturally (that is, according to the usual course of things) from the relevant breach of these terms and conditions (including loss of profits or revenue, loss of goodwill or reputation, loss of anticipated benefits or savings, loss of any prospect or business opportunity, loss of production or other business interruption loss.
   7.6. You agree to indemnify, defend and hold us (and each of our officers, employees and agents) (together, the Indemnified Persons) harmless against any Loss incurred or arising in respect of:
   (a) the death or illness of, or personal injury to, any individual in connection with any purchase of the Goods; or
   (b) the loss or destruction of, or damage to, any tangible property of the Customer or any person in connection with the Goods, except to the extent such Loss arises from our wilful misconduct.
8. Termination and Suspension
   8.1. We reserve the right to suspend or terminate your right to use the Platform if, at any time, you breach these terms and conditions, or if we suspect, on reasonable grounds, that you have, might or will commit a breach of this agreement. We 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 with such termination or suspension.
   8.2. You may terminate your use of the Platform by closing your account.
   8.3. If the Platform is shut down for any reason (Closure) we will give you as much notice as is practicable of a Closure. In the case of a Closure we will have no liability to:
   (a) Vendors for any purchases that may have been received but do not result in provision of the Goods as a result of the Closure; or
   (b) you for being unable to benefit from the provision of the Goods which you have purchased.
9. Updates to these Terms and Conditions
   9.1. We may change these terms at any time. If we make changes, we will take reasonable steps to let you know about the changes.
   9.2. If you access the Platform following any amendment to these terms and conditions you will be taken to have agreed to comply with the terms and conditions as changed. If you do not agree with changes to the terms and conditions, you can choose to close your account with us.
10. Notices
    10.1. Notices given under these terms and conditions must be in writing and delivered by email to the recipient’s email address specified on the Platform.
    10.2. A notice is taken to be duly given and received if delivered by email on the business day after it is dispatched if the sender does not receive a message to the effect that the sender is ‘out of office’ or that delivery has failed.
11. General
    11.1. Any confidential information disclosed by us to you must be kept confidential by you and only used for the purpose of providing the Goods.
    11.2. We have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Platform any general suggestions, enhancement requests, recommendations or other feedback provided by you.
    11.3. We reserve the right to monitor your use of the Platform for the purpose of ensuring that the Platform is functioning as we intended, and that Users are complying with these terms and conditions.
    11.4. Each of us must (at our own expense) do all things as the other party asks as may be reasonably required or necessary to give the other the full benefit of any obligations owed to the other and expressed in these terms and conditions.
    11.5. The rights and obligations in clauses 3, 4, 7, 8, 10 and 11 will survive the termination or expiry of these terms and conditions.
    11.6. All or any part of these terms and conditions that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.
    11.7. These terms and conditions are governed by the laws of New South Wales. Each of us submits to the non-exclusive jurisdiction of courts exercising jurisdiction in the State of New South Wales in connection with all matters concerning these terms and conditions.

Vendor Terms and Conditions

1. Introduction
   1.1. These terms and conditions govern use by Vendors who use The Together Project platform and app (together referred to as Platform). The Platform is available at www.thetogetherproject.co.
   1.2. The Platform is provided by The Together Project Pty Ltd (ABN 60 128 374 505) (we, us and our) to Users. These Users may be:
   (a) artisans, creators, and others who wish to list and sell Goods globally. (Vendors); or
   (b) people who wish to buy those Goods (Customers).
   Vendors and Customers are referred to collectively as Users.
   1.3. The Platform enables Customers to find and connect with Vendors.
   1.4. To access and use the Platform you need to register as a Vendor and agree to comply with these terms and conditions.
   1.5. If you are accessing the Platform to sell Goods on behalf of a Vendor, you warrant:
   that you are authorised to do so by that User; and
   you will commit that User to these terms and conditions.
   1.6. These terms and conditions govern use of the Platform by Vendors. If you are wanting to have access to the Platform as a Customer, please click here.
   1.7. When a Customer purchases a Vendor’s product through the Platform, an agreement will come into existence between the Vendor and the Customer. The supply of Goods is made pursuant to that Vendor’s Supply Terms.
   1.8. You must make your Supply Terms (if any) available to the User before you accept a purchase.
2. Definitions and Interpretation
   2.1. In these terms and conditions, these words have the following meanings:
   Applicable Laws means all laws that apply in the jurisdiction of a Vendor and the jurisdiction of a Customer and that are applicable to a purchase by that Customer of that Vendor’s Goods.
   Australian Law means any Commonwealth, State, Territory or local government legislation in force in Australia.
   Customer Profile means the online profile a Customer that allows them to search for Vendors and purchase Services.
   Goods means the goods or products that a Vendor supplies to a Customer via the Platform.
   GST means Goods and Services Tax, as defined by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
   Loss includes any liability, damage, costs (including legal costs of a solicitor and own client basis) and other outgoing, and any diminution in value of, or deficiency of any kind, in anything.
   Payment means the amount paid by a Customer to a Vendor for the provision of Goods.
   Platform Fee is the fee you pay us to use the Platform to sell Goods to Customers.
   Sales Tax means a tax or charge that a seller of goods or required to levy on the price of goods, and payable by the purchased of goods, however that tax is described.
   Vendor Profile means the online profile of a Vendor that allow Customers to search for and purchase Services form that Vendor.
   Supply Terms means the terms (if any) between the Vendor and the Customer pursuant to which a Vendor supplies Goods to Customer, and are separate from these terms and conditions.
   2.2. In these terms and conditions, unless the context otherwise requires:
   (a) words denoting any gender include all genders;
   (b) headings are for convenience only and do not affect interpretation;
   (c) the singular includes the plural and vice versa;
   (d) a reference to a party includes its successors and permitted assignors;
   (e) a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity; and
   (f) a reference to a statute or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them.
3. Agreement
   3.1. By creating a Vendor Profile on the Platform, you agree to comply with these terms and conditions.
   3.2. You will be able to sell Goods to Customers through the Platform. You acknowledge and agree that you will do this as an independent contractor.
   3.3. Nothing in these terms and conditions constitutes a relationship of employer and employee, principal and agent or partnership between you and us or between you and a User.
4. Your Responsibilities
   4.1. The responsibilities in this clause apply when you are using the Platform or providing Goods to Customers, unless otherwise stated.
   4.2. You must comply with the policies and procedures we publish on our website. You can find these here and here.
   4.3. Your failure to comply with our policies and procedures may result in suspension and/or termination of your right to use the Platform.
   4.4. You must:
   (a) provide your Goods with reasonable care and in accordance with all Applicable Laws and;
   (b) bear all costs and expenses related to your use of the Platform and provision of Goods to Customers.
   4.5. During and for a period of 12 months following when you cease being a Vendor you must not directly or indirectly establish or operate a business which is in the same business as us or which offers a service that is substantively similar to that offered by us.
   4.6. During and for a period of 12 months following when you cease being a Vendor you must not without our prior written consent:
   (a) solicit, canvass, approach or accept an approach from a person (who was at any time during the 12 months prior to the date you ceased being a Vendor) a User with an intention to obtaining their custom;
   (b) interfere with the relationship between the us and our Users clients, employees, or contractors; or
   (c) induce or help to induce an employee or contractor engaged by us to leave their employment or terminate their contract.
   4.7. You must provide to us, at your expense and on our request, with the following:
   (a) an Australian Business Number (ABN) if you are an Australian Vendor.
   (b) Information required pursuant clause 5 to assess your application or conduct an audit.
   4.8. You warrant:
   (a) You warrant that all information required to be provided to us when you registered as a Vendor and during the time you remain registered as a Vendor or using the Platform is true accurate, current, and complete.
   (b) that you have all necessary rights and licenses in all jurisdictions applicable to you to provide the Services.
   4.9. You must not, in relation to your use of the Platform:
   (a) interrupt or attempt to negatively impact or alter the operation of the Platform in any way;
   (b) engage in any other practices which may adversely affect the credibility or reputation of the Platform and/or us;
   (c) use the Platform in any way that violates applicable laws, that violates the intellectual property rights and/or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
   (d) reverse engineer, decompile or disassemble the Platform or use the Platform to develop a solution that is the same or substantially similar to the Platform;
   (e) licence, sell, rent, lease, transfer, assign or otherwise commercially exploit, or otherwise make the Platform available to any third party;
   (f) except as permitted under this agreement, modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or resell any information, content, software, or materials made available through the Platform; or
   (g) engage in any misleading or deceptive conduct or any other conduct that would contravene the Australian Consumer Law.
   4.10. You grant to us a royalty-free, non-exclusive, worldwide licence to use your name together with your images and other information in your profile on the Platform for the purpose of promoting you on the Platform and for the purpose of promoting the Platform to new Users. This licence will automatically terminate when you close your account on the Platform.
   4.11. In order to use the Platform, you must provide us with certain information about yourself. We will handle and store this information in accordance with our privacy policy.
5. Ethical production and distribution responsibilities
   5.1. We will assess your application to become a vendor according to the criteria specified in our Ethical Production and Distribution Policy, available here. The decision made by us in this assessment is final and in our absolute discretion.
   5.2. While you remain a Vendor on the Platform, we may audit you to ensure you continue to satisfy the criteria specified in our Ethical Production and Distribution Policy. You agree to provide information and assistance we reasonably require to undertake such audits.
   5.3. If, in our absolute discretion, we form the view that you do not satisfy the criteria specified in our Ethical Production and Distribution Policy, we will notify you of this. We may, in our absolute discretion, elect to permit you to remedy any deficiencies in this respect, however we reserve the right to suspend or terminate your participation in the Platform unless and until such deficiencies are remedied.
   5.4. We may amend the Ethical Production and Distribution Policy at any time. If we make amendments, we will take reasonable steps to let you know about the changes.
   5.5. If you access the Platform following any amendment to the criteria specified in our Ethical Production and Distribution Policy, you will be taken to have agreed to comply with the terms and conditions as changed. If you do not agree with any changes to the terms and conditions, you can choose to close your account with us.
6. Our Responsibilities
   6.1. We will provide you with access to the Platform. We will take commercially reasonable measures to ensure the availability of the Platform. You agree that we will not be liable for any losses suffered by you during any period during which the Platform is not operational.
   6.2. We may, at any time, enhance and/or alter the features of the Platform at our sole discretion and without notice to you.
   6.3. We will engage a third-party payment facilitator to enable Customers pay for your Goods without us collecting payment details.
   6.4. We will facilitate integration of a Shipping Provider with the Platform so as to offer shipping fee options. You are responsible for arranging shipping to Customers who purchase your Goods.
7. Price of Goods and Payment
   7.1. You are responsible for setting the prices of the various Goods that you offer for sale.
   7.2. You are responsible for arranging shipping to Customers who purchase your Goods.
   7.3. We will charge you the Platform Fee and retain it out of the Payment received on your behalf. We reserve the right to vary the Platform Fees at any time but will give you no less than 30 days’ notice of any change.
   7.4. You will invoice the Customers for the Payment you are entitled to for the Goods you have provided. We will send this invoice on your behalf. We will invoice you separately for the Platform Fee.
   7.5. We will do this (as the agent of the User) by issuing a recipient created tax invoice once the Goods have been provided.
   7.6. The amount we invoice to the Customers will be paid to us (and received by us on your behalf) by the Customers.
   7.7. Following receipt of the Payment which you are entitled, we will account to you for that amount. When we do this, you will receive from us:
   (a) the sum of the gross Payment paid by the User less the Platform Fee payable by you to us in respect of that gross Payment; and
   (b) our invoice for the Platform Fee.
   7.8. We will keep and maintain true, complete, and accurate financial records of the gross Payment generated by you and amounts we have invoiced you for Platform Fees. These records will be made available to you on the Platform.
   7.9. GST is chargeable by us and payable by you on the Platform Fees.
   7.10. Where GST or other Sales Tax is applicable to the Goods you provide to the Customer, you are responsible for complying with the requirements of the GST or other Sales Tax law, including reflecting the GST or Sales Tax payable on the invoices you provide to Customers via us.
8. Liability
   8.1. We are not responsible for any communication, interaction or relationship between you and any other Users of the Platform, whether or not it occurs on the Platform or by another means.
   8.2. Terms, conditions, and warranties implied by Applicable Laws which cannot be excluded, restricted or modified apply to these terms and conditions to the extent required by Law.
   8.3. Subject to clause 7.2, our total and aggregate liability for loss suffered or sustained by you or a User in connection with the provision of the Platform:
   (a) whether arising as a result of breach of contract, in tort (including negligence) or under statute; and
   (b) whether or not arising pursuant to an indemnity in these terms and conditions, is limited to us providing you with access to the Platform again. Neither party will be liable to the other party (or any other person) for any Indirect Loss arising from a breach of this Agreement.
   8.4. Neither party will be liable to the other party (or any other person) for any Indirect Loss arising from a breach of this Agreement
   8.5. For the purposes of clause 7.4, the term Indirect Loss means Losses which do not arise naturally (that is, according to the usual course of things) from the relevant breach of this Agreement (including loss of profits or revenue, loss of goodwill or reputation, loss of anticipated benefits or savings, loss of any prospect or business opportunity, loss of production or other business interruption loss.
   8.6. You agree to indemnify, defend and hold us (and each of our officers, employees and agents) (together, the Indemnified Persons) harmless against any Loss incurred or arising in respect of:
   (a) the death or illness of, or personal injury to, any individual in connection with provision of your Goods; or
   (b) the loss or destruction of, or damage to, any tangible property of the Vendor or any person in connection with the Vendor Services, except to the extent such Loss arises from our wilful misconduct.
9. Termination and Suspension
   9.1. We reserve the right to suspend or terminate your right to use the Platform if, at any time, you breach these terms and conditions, or if we suspect, on reasonable grounds, that you have, might or will commit a breach of this agreement. We 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 with such termination or suspension.
   9.2. You may terminate your use of the Platform by closing your account.
   9.3. If the Platform is shut down for any reason (Closure) we will give you as much notice as is practicable of a Closure. In the case of a Closure we will have no liability to:
   (a) you for any bookings that may have been received but do not result in provision of your Services as a result of the Closure; or
   (b) Customers who may not be able to benefit from the provision of your Services which they have purchased.
10. Updates to these Terms and Conditions
    10.1. We may change these terms at any time. If we make changes, we will take reasonable steps to let you know about the changes.
    10.2. If you access the Platform following any amendment to these terms and conditions you will be taken to have agreed to comply with the terms and conditions as changed. If you do not agree with any changes to the terms and conditions, you can choose to close your account with us.
11. Notices
    11.1. Notices given under these terms and conditions must be in writing and delivered by email to the recipient’s email address specified on the Platform.
    11.2. A notice is taken to be duly given and received if delivered by email on the business day after it is dispatched even if the sender does not receive a message to the effect that the sender is ‘out of office’ or that delivery has failed.
12. General
    12.1. Any confidential information disclosed by us to you must be kept confidential by you and only used for the purpose of providing the Services.
    12.2. We have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Platform any general suggestions, enhancement requests, recommendations or other feedback provided by you.
    12.3. We reserve the right to monitor your use of the Platform for the purpose of ensuring that the Platform is functioning as we intended, and that Users are complying with these terms and conditions.
    12.4. Each of us must (at our own expense) do all things as the other party asks as may be reasonably required or necessary to give the other the full benefit of any obligations owed to the other and expressed in these terms and conditions.
    12.5. The rights and obligations in clauses 3, 4, 8, 9, 11 and 12 will survive the termination or expiry of this Agreement.
    12.6. All or any part of these terms and conditions that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.
    12.7. These terms and conditions are governed by the laws of the State of New South Wales. Each of us submits to the non-exclusive jurisdiction of courts exercising jurisdiction in the State of New South Wales in connection with all matters concerning these terms and conditions.