- Access and use
- Accounts and verification
- User obligation
- User content - warranties
- User content - licence
- Service removal
- Service limitations
- Intellectual property
- Third party content
- No endorsements
- Disputes between users
- Governing law
- Laws We Comply With
- Types Of Personal Information We Collect
- How We Collect Personal Information
- Use Of Your Personal Information
- Requesting Access Or Correcting Your Personal Information
- Change Of Control
- Transfers Outside The European Economic Area (‘ eea ’)
- Contact Us
- Community Do
- Fill out your profile
- Start using the site
- Tell others about us
- Express yourself, but also consider others
- Stay on topic
- Quality is just as important as quantity
- Have fun
- Community Don't
- Don't be offensive or rude
- Don't steal or copy
- Don't try being someone else or sell things under false pretenses
- Don't speak in other languages
- Don't be a busybody
- Don't SPAM
- Don't be a sales pitch
- Moderation, our rights
Last updated on 1 November 2018
We may change these Terms at any time by updating this webpage, and your continued use of the Platform following such update will represent an agreement by you to be bound by the Terms as amended.
The Platform is a passive medium that facilitates the introduction of:
- Users of the Platform who (a) are seeking to purchase products, or (b) are seeking to engage independent service Sellers or similar and who post job postings on the Platform (Buyers); and
- Users of the Platform who (a) are offering products for sale, or (b) represent independent service Sellers or similar (Sellers).
The remainder of these Terms are divided into four parts:
- Part 1 (General), which sets out terms that apply to all Users, including Buyers and Sellers;
- Part 2 (Premium Services), which sets out terms that apply to Users who receive or offer to receive services from SavvySME, including Buyers and Sellers;
- Part 3 (Buyers), which sets out further terms that apply to Buyers; and
- Part 4 (Sellers), which sets out further terms that apply to Sellers.
You acknowledge and agree to each part of the Terms, including the further terms that apply to Buyers and Sellers, and agree to comply with them, even if you are not a Buyer or a Seller.
This Platform is not intended for use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent that you are over the age of 18 years and have not been suspended or prohibited from using the Platform. If you are under the age of 18 years, please do not access or use the Platform.
1.2 ACCESS AND USE
(a) You must only use the Platform in accordance with these Terms and any applicable laws, regulations, codes of conduct or generally accepted practices or guidelines in the relevant jurisdictions, and must ensure that your employees, sub-contractors and any other agents who use or access the Platform comply with the Terms and any applicable laws.
(b) If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so.
(a) You acknowledge and agree that SavvySME is an intermediary service.
(b) You must not hold yourself out as having any relationship of employment, agency, partnership, joint venture or contractor with SavvySME or as being entitled to contract or accept payment in the name of or on account of SavvySME.
1.4 ACCOUNTS AND VERIFICATION
(a) In order to have access to some features of the Platform, Users, including Sellers and Buyers, are required to sign-up, register and receive an account through the Platform (an 'Account').
(b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, photos and video, audio files, profile information, emergency contacts, payment details, ratings and reviews, verified identifications, verified certifications and authentications, and other information as requested by SavvySME from time to time.
(c) SavvySME reserves the right not to grant you an Account, and as part of the Account registration process may analyse you and your business to consider whether to grant you an Account. As part of this process, SavvySME may request information, authentications, verifications or documents from you, and you agree to use your best endeavours to provide them.
(d) You warrant that:
(i) any information you give to SavvySME in the course of completing the Account registration process will always be accurate, honest, correct and up to date; and
(ii) if you apply for an Account on behalf of a company or organisation, you have the necessary authority from that company or organisation:
A. to apply for an Account; and
B. to provide that company or organisation’s information to SavvySME as part of applying for an Account.
(e) Once you complete the Account registration process, SavvySME may, in its sole discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
(f) SavvySME reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(g) SavvySME may suspend or cancel your Account for any reason, including for any failure to comply with the Terms.
(h) If you cancel your Account, or if we cancel your Account for a failure to comply with any of the Terms, you will not receive a refund of any fees for Premium Services (defined in Part 2 of the Terms). If you have a balance due on any Account, you agree that SavvySME may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
1.5 USER OBLIGATIONS
As a User, you agree:
(a) to comply with the Terms;
(b) not to copy, reproduce, translate, adapt, vary or modify the Platform without the express consent of SavvySME;
(c) not to share your Account with any other person;
(d) you will be solely responsible for any activities that occur under your Account;
(e) that any use of your Account registration information by any other person is strictly prohibited;
(f) to immediately notify SavvySME of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
(g) you must not expressly or impliedly impersonate any other User of the Platform or use the profile or password or account of another at any time;
(h) that you are solely responsible for your mobile phone, access to and connectivity to the internet and all costs, including mobile data, required to use the Platform;
(i) to receive marketing materials and other communications from SavvySME, that you may unsubscribe from, though you cannot unsubscribe from messages on the Platform to your Account;
(j) not to use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services;
(k) not to harass, impersonate, stalk, threaten, bully or endanger any other User;
(l) not to use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes);
(m) not to use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by SavvySME;
(n) not to use the contact details of other Users for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
(o) you must not make any automated use of the Platform;
(p) you will not use the Platform for any illegal or unauthorised purpose, which includes collecting email addresses of Users for any purpose such as sending unsolicited email, or unauthorised framing of or linking to the Platform;
(q) that any commercial advertisements, affiliate links and other forms of solicitation may be removed from your Account, profile or communications without notice and may result in termination of your Account. Appropriate legal action will be taken by SavvySME for any and all illegal or unauthorised use of the Platform;
(r) not to act in any way that may harm the reputation of SavvySME or associated or interested parties or do anything at all contrary to the interests of SavvySME or the Platform;
(s) you are solely responsible for your use the Platform, including for:
(i) if you are a Buyer, requesting, confirming, booking and using and ceasing to use a Seller; and
(ii) if you are a Seller, making and accepting offers to provide, and providing, products and/or services; and
(a) SavvySME may offer you the ability to purchase or obtain credits on the Platform, which can be exchanged for particular Premium Services. What you can do to obtain SavvyCredits will be specified on the SavvyCredits page of the Platform from time to time.
(b) SavvyCredits are non-transferable and have no inherent monetary or cash value. Information and current pricing can be found on the Platform.
(c) Subject to the other provisions of this clause 1.6, SavvyCredits obtained by you will be held on your Account using the functionality of the Platform.
(d) SavvyCredits will expire and no longer be exchangeable for any Premium Services:
(i) if the SavvyCredits were purchased by you, 36 months after the date of purchase; or
(ii) if the SavvyCredits were not purchased by you, 12 months after the date you were offered the SavvyCredits.
(e) SavvyCredits are by default non-refundable. However, SavvySME may, in its absolute discretion, refund payments for SavvyCredits.
(f) We make no warranty that:
(i) Premium Services available on the Platform in exchange for SavvyCredits will remain available in exchange for SavvyCredits;
(ii) Premium Services that are available on the Platform in exchange for SavvyCredits will remain available on the Platform at all; or
(iii) Premium Services available on the Platform will remain available for the same price.
(g) We reserve the right to modify the Terms or eliminate any or all of the uses of SavvyCredits on the Platform.
(h) We will always try to be transparent with you about the number of SavvyCredits required to access certain Premium Services from time to time.
(i) SavvySME will take reasonable steps to give you notice of the removal of the SavvyCredit system from the Platform.
1.7 USER CONTENT - WARRANTIES
By posting, broadcasting, publishing, uploading, transmitting or otherwise providing any information, materials or other content on or to the Platform (User Content), you represent and warrant that:
(a) you are authorised to provide the User Content (including providing any products or services that you represent you provide);
(b) the User Content is accurate and true at the time it is provided;
(c) any User Content which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the User Content is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any obscene, offensive or explicit material;
(e) the User Content is not “passing off” of any product or service and does not constitute unfair competition;
(f) the User Content does not infringe any intellectual property rights, including copyright, trade marks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (Intellectual Property Rights);
(g) the User Content does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
(h) the User Content does not breach or infringe any applicable laws.
1.8 USER CONTENT - LICENCE
(a) You grant to SavvySME a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any User Content in order for SavvySME to use, exploit or otherwise enjoy the benefit of such User Content.
(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any User Content, you forever release SavvySME from any and all claims that you could assert against SavvySME by virtue of any such moral rights.
(c) You indemnify SavvySME against all damages, losses, costs and expenses incurred by SavvySME arising out of any third party claim that your User Content infringes any third party’s Intellectual Property Rights.
1.9 USER CONTENT - REMOVAL
(a) SavvySME acts as a passive conduit for the online distribution of User Content and has no obligation to screen User Content in advance of it being posted. However, SavvySME may, in its absolute discretion, review and remove any User Content (including links to you, your posts, your messages, your profile or jobs or products you have posted on the Platform) at any time without giving any explanation or justification for removing the material and/or information.
(b) You agree that you are responsible for keeping and maintaining records of your User Content.
1.10 SERVICE LIMITATIONS
The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge that SavvySME cannot guarantee that:
(a) the Platform will be free from errors or defects;
(b) the Platform will be accessible at all times;
(c) messages sent through the Platform will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Platform will be secure or confidential; or
(e) any information provided through the Platform is accurate or true.
1.11 INTELLECTUAL PROPERTY
SavvySME retains ownership of the Platform and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
1.12 THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). SavvySME takes no responsibility for Third Party Content and makes no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
1.13 NO ENDORSEMENTS
(a) Any reference on the Platform to a User being licensed or credentialed in any manner, including "badged", "best of", "top influencers", “top 10%”, "background checked", "gold", "silver", or "bronze" (or any similar reference), indicates only that that User has completed a SavvySME verification process or met a current user review standard, and it does not represent anything else.
(b) Any reference or description similar to those specified in clause 1.13(a):
(i) is not an endorsement, certification or guarantee by SavvySME;
(ii) is not a verification of the relevant User’s identity; and
(iii) is not an indication as to whether the User, or their products or their services, are licensed, insured, trustworthy, safe or suitable.
1.14 DISPUTES BETWEEN USERS
(a) You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
(b) If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to SavvySME via Customer Service. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
(c) Any costs you incur in relation to a complaint or dispute will be your responsibility.
(d) SavvySME has the option to appoint an independent mediator or arbitrator in respect of a dispute if needed. The cost of any mediator or arbitrator must be shared equally between the Users that are party to a dispute.
(e) If SavvySME is holding funds in relation to a dispute, SavvySME reserves the right to hold those funds until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
(f) If you have a dispute with SavvySME, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
(g) Notwithstanding any other provision of this clause 1.14, you or SavvySME may at any time cancel your Account or discontinue your use of the Platform.
SavvySME does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
(a) (Introduction service) SavvySME is a medium that facilitates the introduction of Buyers and Sellers for the purposes of making arrangements to fulfil requests for products and services. SavvySME simply collects a service fee in consideration for providing the introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Buyers and Sellers in relation to such requests or any other claims otherwise resulting from the introduction.
(b) (Limitation of liability) To the maximum extent permitted by applicable law, SavvySME excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use. This includes the transmission of any computer virus.
(c) (Limitation of liability) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, SavvySME's liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(d) (Indemnity) You agree to indemnify SavvySME and its employees and agents in respect of all liability for loss, damage or injury that may be suffered by any person arising from you or your representatives’ use of the Platform.
(e) (Consequential loss) Under no circumstances will SavvySME be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, these Terms or their subject matter.
You agree to ensure that:
(a) no information owned by SavvySME, including system operations, documents, marketing strategies, staff information and client information, will be disclosed or made available to any third parties by you or your representatives; and
(b) all communications involving the details of other Users on the Platform are confidential, will be kept as such by you and your representatives and will not be distributed nor disclosed to any third party.
(a) SavvySME reserves the right to terminate a User’s access to any or all of the Platform (including any listings and memberships) at any time without notice, for any reason.
(b) In the event that a User’s membership is terminated:
(i) the User’s access to all posting tools on the Platform will be revoked;
(ii) the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and job requests); and
(iii) the User will also be unable to view the details of all other Sellers (including contact details, geographic details and any other details), and all posts and messages by the respective User will also be removed from the Platform.
(c) Users may terminate their membership at any time by using the Platform’s functionality where such functionality is available. Where such functionality is not available, SavvySME will effect such termination within a reasonable time after written notice by the User.
(d) Upon termination, SavvySME reserves the right (to the maximum extent permitted by applicable law) to retain User Content and records of your Account for the purposes of operating the Platform.
(e) Notwithstanding termination or expiry of your membership or these Terms, the provisions of Part 1 and any other provision which by its nature would reasonably be expected to be complied with after termination, will continue to apply.
You are responsible for the collection and remission of all taxes associated with the jobs or transactions through the use of the Platform and SavvySME will not be held accountable in relation to any transactions held between Buyers and Sellers whereby tax related misconduct has occurred.
To the extent permitted by law, SavvySME reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other members (including conversations, User posts, job requests, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving SavvySME.
1.22 GOVERNING LAW
This agreement is governed by the law applying in New South Wales, Australia.
Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
2. PREMIUM SERVICES
2.1 OFFER TO PURCHASE
(a) By submitting an order for purchase of a service using the Platform’s functionality (Purchase Order) with SavvySME you represent and confirm that you:
(i) have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) are authorised to use the debit or credit card included in your Purchase Order.
(b) Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Services you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment, in the amount specified on the Platform.
(a) (Payment obligations) Unless otherwise agreed in writing:
(i) you must pay fees for all Premium Services in the amounts and at the times specified on the pricing page within the Platform for the relevant Premium Services (Fees);
(ii) Fees for some Premium Services are charged on a subscription basis to your Account;
(iii) the amount of Fees and the method of billing will vary depending on our current prices and billing process, as set out on our website or otherwise communicated to you; and
(iv) you must not set off any money alleged to be owing by SavvySME against money due by you to SavvySME.
(b) (Downgrading Subscriptions) If you choose to downgrade your subscription to Premium Services to a cheaper plan or a free plan, the new Fees will commence at the start of the next billing cycle. We don’t pro-rate downgrades in between billing cycles.
(c) (Upgrading Subscriptions) If you choose to upgrade your subscription to a more expensive plan, the new Fees will commence straight away and you agree to be billed for the upgraded plan for the full billing cycle in which you upgraded.
(d) (Loss of data) Please note that upgrading or downgrading a subscription-based Premium Services may cause loss of your Account or your Account information, files and data. We will not be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of you upgrading or downgrading your use of the SavvySME Service.
(e) (SavvyCredits) In lieu of currency, SavvySME may accept SavvyCredits in exchange for Premium Services and you agree that this will not limit either party’s obligations in relation to those services under these Terms.
(f) (Expenses) Unless otherwise specified in a Purchase Order, any third party costs incurred by SavvySME in the course of performing the Premium Services (including any advertising spend) will be billed to you.
(g) (GST) Unless otherwise indicated, amounts stated on the Platform do not include GST, VAT or any other sales tax or other similar tax. In relation to any tax payable for a taxable supply by SavvySME, you must pay the tax subject to SavvySME providing a tax invoice.
(h) (Card surcharges) SavvySME reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(i) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
(j) (Online payment partner) SavvySME processes payments through the Platform using third party payment partners, including Paypal.com and Stripe.com (Online Payment Partners). In addition to these Terms, your purchase of Services will be subject to the terms and the privacy policies of the Online Payment Partners, available on the Online Payment Partners’ websites.
(k) (Online payment partner release) You agree to release SavvySME and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of an Online Payment Partner, including any issue with security or performance of an Online Payment Partner’s platform or any error or mistake in processing your payment.
Except as otherwise set out on our Platform, to the maximum extent permitted by law, we generally don’t offer refunds and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Services that you think should entitle you to a refund and we’ll consider your situation.
2.4 PREMIUM SERVICES
(a)In consideration for the payment of Fees, SavvySME will provide you with the services set out in a Purchase Order (Premium Services).
(b)Unless otherwise agreed in writing, SavvySME may, in its discretion:
(i)not commence work on any Premium Services until you have paid any fees or deposit payable in respect of such Premium Services; and
(ii)withhold delivery of Premium Services until you have paid the invoice in respect of such Premium Services.
2.5 YOUR OBLIGATIONS
(a) (Provide information) You must provide SavvySME with all documentation, information and assistance reasonably required by SavvySME to perform the Premium Services.
(b) (Correct information) You warrant that all information you provide to us to perform the Premium Services is true, without errors or omissions, up-to-date and correct.
(c) (Compliance with laws) You agree that you will not by receiving or requesting the Premium Services:
(i) breach, or cause SavvySME to breach, any applicable laws, rules and regulations (including any applicable privacy laws); or
(ii) infringe, or cause SavvySME to infringe, the intellectual property rights or other rights of any third party or breach any duty of confidentiality.
2.6 ADVERTISING SERVICES
If a Purchase Order states that the Premium Services include advertising or marketing services (Advertising Services), you acknowledge and agree that:
(a) SavvySME makes no promise or guarantee regarding:
(i) the effectiveness of the Advertising Services, including as to conversion rates; or
(ii) the appearance or location of any advertising listing or banner on the Platform; and
(b) the effectiveness of the Advertising Services may be affected by circumstances outside SavvySME’s control, including your Account being cancelled, suspended or disabled on a temporary or permanent basis, and SavvySME will not be liable for any loss or damage suffered by you arising from such circumstances.
2.7 INTRODUCTION SERVICES
If a Purchase Order states that the Premium Services include introduction services, sometimes referred to as the sale of requests for quote or ‘leads’ (Introduction Services), you acknowledge and agree that:
(a) SavvySME makes no promise or guarantee regarding the effectiveness of the Introduction Services, including as to any conversion or sale to the potential buyer being the subject of the Introduction Service (Introduced Potential Buyer); and
(b) SavvySME makes no promise or guarantee of exclusivity, and reserves the right to provide similar or equivalent introduction services to third parties in respect of any Introduced Potential Buyer.
2.8 THIRD PARTY SELLERS
(a)The Premium Services may require the involvement of third party Sellers. SavvySME will not be liable for or in relation to the services of such third party Sellers.
(b) SavvySME accepts no liability for any dispute arising from any agreement made between you and any third party Seller, and you indemnify and release SavvySME from liability in relation to any claim, dispute or action arising between you and the third party Seller.
3. BUYERS FURTHER TERMS
3.1 PRODUCTS AND SERVICES
(a) Buyers may use the Platform to agree to purchase products from third parties advertised on the Platform (Seller Products) or services from third parties advertised on the Platform (Pro Services).
(b) If a Buyer agrees to purchase Seller Products or Pro Services they must do so in accordance with part 3 of the Terms.
(c) You must deal with any dispute with a Seller in accordance with clause 1.14.
3.2 LINKED BUSINESSES
You acknowledge that:
(a) the Platform provides links and introductions to Sellers owned and operated by third parties that are not under the control of SavvySME;
(b) the provision by SavvySME of introductions to Sellers does not imply any endorsement or recommendation by SavvySME of that Seller;
(c) SavvySME does not guarantee the certification and/or licensing, competence, solvency or information of any Seller who uses or is listed on the Platform; and
(d) any terms and conditions relating to a job, product or quote provided via the Platform constitute a contract between you and the relevant Seller and do not involve SavvySME in any way, except that they must not be inconsistent with your obligations under these Terms.
3.3 COMMUNICATION OUTSIDE THE PLATFORM
(a) You must not communicate with a Seller, or request or entice a Seller to communicate with you, outside the Platform (except in the course of accepting Seller Products or Pro Services).
(b) You must not include any personal contact details in any job posting, quote, other post you submit on the Platform or on your Account such that it is displayed to any other User.
BUYERS - SELLER PRODUCTS
3.4 PAYMENT FOR PRODUCTS
(a) (Offer to purchase) By submitting an order for purchase of a Product using the Platform’s functionality (Product Purchase Order) you represent and confirm that you:
(i)have the legal capacity and are of sufficient age to enter into a binding contract with the Product Seller; and
(ii)are authorised to use the debit or credit card included in your order.
(b) (Contract between you and the Product Seller) Submitting a Product Purchase Order constitutes your agreement to enter into a contract with the Product Seller, on terms agreed between you and the Product Seller, under which you will provide payment in exchange for the Seller Products.
(c) (SavvySME not a party) SavvySME is not a party to Product Purchase Orders between the Buyer and the Product Seller.
(d) (Payment process) Unless otherwise agreed in writing, you acknowledge and agree:
(i) once you accept a quote from a Product Seller on the Platform, you will be required to pay the quoted amount (Quoted Amount) to SavvySME;
(ii) part of the Quoted Amount (either a percentage or a flat fee) will be retained by SavvySME as a service fee, including any GST (Service Fee);
(iii) to promptly pay the Quoted Amount, including the Service Fee upon accepting a quote for a Seller Product;
(iv) the percentage used to calculate the Service Fee, or the flat fee amount of the Service Fee, is set out on the Platform. SavvySME reserves the right to change or waive the Service Fee at any time by updating the Platform;
(v) the remaining balance of the Quoted Amount (i.e. the Quoted Amount minus the Service Fee) will be paid by SavvySME to the Product Seller in accordance with part 4 of the Terms, but always after a period being more than 14 days after the date of the Product Purchase Order;
(vi) to deal with any dispute with a Product Seller in accordance with clause 1.14; and
(vii) SavvySME reserves the right to allocate the Quoted Amount between you and a Product Seller in accordance with any other agreement between you and that Product Seller.
(e) (GST) Unless otherwise indicated, amounts stated on the Platform in relation to Seller Products do not include GST. In relation to any GST payable for a taxable supply by the Company, you must pay the GST subject to the Company providing a tax invoice.
(f) (Card surcharges) We reserve the right to charge credit card surcharges in the event that payments for Seller Products are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(g) (Online payment partner) We may use third-party payment Sellers (Payment Sellers) to collect payments for Seller Products. The processing of payments by the Payment Seller will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Seller and we are not liable for the security or performance of the Payment Seller. We reserve the right to correct, or to instruct our Payment Seller to correct, any errors or mistakes in collecting your payment.
(h) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
(i)(Cancellation) We reserve the right to cancel your order for Seller Products for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
3.5 DELIVERY OF PRODUCTS
(a) (Delivery) Delivery of Seller Products from the Product Seller to you is to be agreed between you and the Product Seller.
(b) (Delivery costs) Unless otherwise specified, prices for Seller Products on the Platform are not inclusive of delivery costs. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by the Product Seller.
(c) (International Orders) SavvySME reserves the right to refuse international orders for Seller Products made through the Platform. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
3.6 PRODUCT REFUNDS AND CANCELLATIONS
(a) (Cancellations) If you wish to cancel a Seller Product purchase after you accept a quote or seek a refund for another reason, you must contact us using the Platform’s functionality, including providing details as to why you are cancelling or requesting a refund. You must provide assistance and information regarding your cancellation request to SavvySME as reasonably requested.
(b) (Faulty products) You agree that claims regarding Seller Products (including faulty products) should be made against the Product Seller. Subject to clause 3.6(c), if you have any claim, or refund or cancellation request, in respect of a Seller Product, this will constitute a dispute with the Product Seller and you must act in accordance with clause 1.14.
(c) (SavvySME refunds) Notwithstanding clause 3.6(b), SavvySME will use reasonable efforts to procure a refund for you from the Seller, in respect of faulty Seller Products, within 14 days after the date of your Product Purchase Order. If you believe a Seller Product is faulty, please contact us at firstname.lastname@example.org or by using the functionality of the Platform with a full description of the fault (including images if possible).
3.7 PRODUCT LIABILITY
(a) (Liability) Subject to SavvySME using reasonable efforts to procure refunds for faulty Seller Products within 14 days after Seller Product purchases, you agree that we have no responsibility for faulty products or any other claim in relation to Seller Products.
(b) (In transit claims) Claims for loss of or damage to Seller Products in transit must be made against the carrier.
BUYERS – PRO SERVICES
3.8 JOB POSTINGS
(a) SavvySME may allow you to post job postings on the Platform requesting Pro Services (Job Postings).
(b) Posting a Job Posting to be quoted for by a Product Seller is free.
(c) You agree to use your best endeavours to provide as much information as possible in Job Postings.
3.9 FEES FOR SERVICES
(a) Unless otherwise agreed in writing, you must pay the Service Provider for all services specified in an accepted Job Posting, in accordance with your agreement with that Service Seller.
(b) SavvySME is not a party to the agreement that arises out of an accepted Job Posting between you and the Service Seller. Any additional terms and conditions relating to a job or quote provided via the Platform are solely between you and the Service Seller and do not involve SavvySME in any way, except that they must not be inconsistent with your obligations under these Terms.
3.10 SERVICE CANCELLATIONS
(a) SavvySME will have no liability or obligation to you if a Service Seller cancels a job any time after you have accepted it and you will not be entitled to any compensation from SavvySME in such circumstances.
(b) If you wish to cancel a service before the Service Seller has fulfilled the requirements specified in the Job Posting, you must contact the Service Seller. If SavvySME decides to investigate your cancellation, you must provide assistance and information to SavvySME as reasonably requested.
(c) If you cancel a Pro Service, whether the amount paid by you to the Service Provider is refundable in respect of that service will depend on the cancellation policy and refund policy of the Service Seller.
4. SELLERS –FURTHER TERMS
You must verify that any Buyer is over 18 years old or has their parent or guardian’s consent to use the Platform.
4.2 PRODUCTS AND SERVICES
(a) Subject to their compliance with these Terms, Sellers may use the Platform to advertise and sell Seller Products and Pro Services to third parties using the Platform.
(b) Sellers agree to advertise and sell Seller Products and Pro Services in accordance with part 4 of the Terms.
(c) Sellers must deal with any dispute with a Buyer in accordance with clause 1.14.
(d) Any additional terms and conditions relating to a Seller Product or Pro Service advertised or provided via the Platform are solely between you and the Buyer and do not involve SavvySME in any way, except that they must not be inconsistent with your obligations under these Terms.
4.3 COMMUNICATION OUTSIDE THE PLATFORM
(a) You must not communicate with a Buyer, or request or entice a Buyer to communicate with you, outside the Platform (except in the course of providing Seller Products and Pro Services).
(b) You must not include any personal contact details in any quote or other post you submit on the Platform or on your Account such that it is displayed to any other User.
(a) You agree that while you are a Seller on the Platform, and for one (1) year after you cease using the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Buyer whom you came to know about, or with whom you provided products or services to directly or indirectly, by using the Platform. This provision will apply whether or not the Buyer or their representative is still active on the Platform.
(b) SavvySME may, in its absolute discretion, if it finds or suspects that you have breached or are in breach of this clause 4.4:
(i) cancel your Account and suspend you from using the Platform; and/or
(ii) remove any posts, messages, commercial advertisements, affiliate links and other forms of solicitation from your Account, profile or communications on the Platform.
By listing yourself as a Seller on the Platform and bidding for jobs to provide Pro Services and posting Seller Products, you represent and warrant that:
(a) you are able to fulfil the requirements of the Job Postings you are quoting for and/or the Product Posts you make;
(b) you will provide the relevant Pro Services and/or Seller Products to Buyers:
(i) using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
(ii) in compliance with all applicable laws;
(c) you understand that SavvySME does not hold insurance in respect of any products or services you may provide to a Buyer, including any public liability insurance, and that it is your responsibility to obtain and hold any such insurances; and
(d) any individuals or companies involved in performing Pro Services have not been previously convicted of a felony, and there are no current legal, criminal, civil or administrative proceedings against such individuals or companies.
SELLERS - PRODUCTS
4.6 PRODUCT POSTING AND PAYMENT
You agree and acknowledge that:
(a) SavvySME may choose not to accept any Seller Product you submit to make available for sale to the Platform (Product Post), and SavvySME may limit the number of Product Posts you can submit on the Platform;
(b) for each Seller Product you offer to Buyers on the Platform that is purchased by a Buyer, SavvySME will keep a Service Fee (either a percentage of the amount that you quote to the Buyer on the Product Post, or a flat fee) in the amount specified on the Become a Seller page on the Platform from time to time;
(c) you may only charge the Buyer the Quoted Amount on a Product Post for a Seller Product and you must not try to claim any additional fees from the Buyer; and
(d) subject to a refund not having been given under clause 3.6, SavvySME will transfer you an amount equal to the Quoted Amount minus the Service Fee (Remaining Balance), on or before the last business day on the month immediately following the month in which SavvySME received the Quoted Amount from the relevant Buyer.
4.7 PRODUCT REFUNDS AND CANCELLATIONS
(a) SavvySME reserves the right to issue refunds to Buyers for Seller Products for any reason, within the first 14 days following the date on which SavvySME receives the Quoted Amount from the relevant Buyer. If SavvySME issues a refund to a Buyer under this clause in respect of a Seller Product, you will not be entitled to any payment from SavvySME in respect of that Seller Product.
(b) SavvySME reserves the right to allocate the Quoted Amount between a Buyer and a Seller in accordance with any other agreement between that Buyer and Seller.
4.8 BINDING CONTRACT
You agree that a Product Post constitutes your intention and offer to enter into a contract with a Buyer, where you will provide the Buyer with the Seller Product specified in the Product Post in exchange for payment of the Quoted Amount specified in your Product Post. A contract is formed in this respect when a Buyer accepts the offer in the Product Post using the functionality of the Platform.
SELLERS – PRO SERVICES
4.9 JOB POSTINGS
(a) SavvySME will have no responsibility for the accuracy, reliability or timeliness of the content in Job Postings.
(b) The lowest priced or best quote provided in response to Job Postings will not necessarily be the quote selected by the Buyer.
(c) If SavvySME sells Introduction Services in respect of a Buyer whom you came to know about on the Platform, you must not contact that Buyer on any medium, including the Platform, unless you have purchased the Introduction Services in respect of that Buyer.
You must take all reasonable steps to complete each Pro Service that is accepted by a Buyer as specified in the Job Posting and your quote, including by not cancelling any part of that Pro Service.
4.11 SERVICES PAYMENTS
The Platform does not provide functionality to enable you to invoice or receive payment from Buyers for Pro Services and you must seek to be paid for Pro Services independently from the Platform.
4.12 SERVICE CANCELLATIONS
(a) SavvySME will have no liability or obligation to you if a Buyer cancels a Pro Service any time after you have agreed to provide it and in this event you will not be entitled to any compensation from SavvySME.
(b) If you wish to cancel a Pro Service after accepting it but before you have fulfilled it, you must contact us using the Platform’s functionality (subject to your compliance with clause 1.14), including by providing details as to why you are cancelling. If SavvySME decides to investigate your request, you must provide assistance and information to SavvySME as reasonably requested.
(c) If we accept your request under clause 4.12(b), we may take one or more of the following actions:
(i) cancel your membership and/or Account with SavvySME; and/or
(ii) require that you pay all or part of the fee charged to the Buyer back to the Buyer.
4.13 BINDING CONTRACT
You agree that when a Buyer responds to a quote that you submit in response to a Job Posting, accepting your quote, that this constitutes their intention and agreement to enter into a contract with you, where you will provide the Buyer with the Pro Service specified in the Job Posting in exchange for payment of the Quoted Amount specified in your quote. A contract is formed in this respect the Buyer responds to the quote in an email or message on the Platform confirming that they accept your quote in response to their Job Posting.
LAWS WE COMPLY WITH
We comply with:
- the Australian Privacy Principles established by the Privacy Act 1988 (Cth); and
- to the extent the European Union’s General Data Protection Regulation 2016/679 (‘GDPR’) applies to us and our use of your information, the GDPR.
TYPES OF PERSONAL INFORMATION WE COLLECT
The personal information we collect may include the following:
- mailing or street address;
- email address;
- social media information;
- telephone number and other contact details;
- date of birth;
- credit card information;
- information about your business or personal circumstances;
- information in connection with client surveys, questionnaires and promotions;
- your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information;
- any other information provided by you to us via this website or our online presence, or otherwise required by us or provided by you.
HOW WE COLLECT PERSONAL INFORMATION
We endeavour to ensure that information we collect is complete, accurate, accessible and not subject to unauthorised access.
We may collect personal information either directly from you, or from third parties, including where:
- you contact us through our website;
- you communicate with us via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Twitter) or otherwise;
- your personal information is publicly available, or available through paid sources or government sources;
- you use our automated referral system or manual referral service;
- you interact with our website, social applications, services, content and advertising; and
- you invest in our business or enquire as to a potential purchase in our business.
We may also collect personal information from you when you use or access our website or our social media pages. This may be done through use of web analytics tools, 'cookies' or other similar tracking technologies that allow us to track and analyse your website usage. Cookies are small files that store information on your computer, mobile phone or other device and enable and allow the creator of the cookie to identify when you visit different websites. Cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.
If you do not wish information to be stored as a cookie, you can disable cookies in your web browser.
USE OF YOUR PERSONAL INFORMATION
We collect and use personal information for the following purposes:
- to provide services or information to you;
- for record keeping and administrative purposes;
- to provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing services to you;
- to improve and optimise our service offering and customer experience;
- to sell your information to third party providers as ‘leads’ for the purposes of allowing them to offer to provide services to you using the SavvySME platform;
- to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
- to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);
- to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and
- to consider an application of employment from you.
We may disclose your personal information to our corporate affiliates, cloud-providers, contractors and other third parties, located inside or outside of Australia. If we do so, we will take reasonable steps to ensure that any overseas recipient deals with such personal information in a manner consistent with how we deal with it.
We’ve endeavoured to ensure that our use and collection of your data is clear and as transparent as possible, but in the interests of keeping this policy concise it’s not possible to list every circumstance in which we will use your data.
We may use third party service providers, including Amazon Web Services, for disaster recovery services. To the extent necessary to receive those disaster recovery services, we will provide your data to that third party service provider.
We may also use third party service providers to audit the infrastructure and applications we use to store your data. To the extent necessary to receive those audit services, we will provide your data to that third party service provider.
We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measure to protect these systems. However, we cannot guarantee the security of your personal information.
Our website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.
REQUESTING ACCESS OR CORRECTING YOUR PERSONAL INFORMATION
If you wish to request access to the personal information we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe.
Where you are a resident of the European Union and the GDPR applies to your personal information, you have the right to ask for ‘subject access request’ or ‘SAR’ being a copy of your personal data held by us. Where we do hold such data about you we will provide you with a copy of the data we hold about you. This will be in a commonly used machine-readable file where you request us to e-mail the information to you. We will also give you a description of the data, tell you why we are holding it and tell you who we could have disclosed it to.
If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected. We will also stop processing data on your request and you may also request that we delete the data held about you.
If you would like a copy of the information which we hold about you or believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us using the contact details set out in the ‘Contact Us’ section below.
We reserve the right to refuse to provide you with information that we hold about you in certain circumstances, as set out in the Privacy Act 1988 (Cth).
CHANGE OF CONTROL
If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
TRANSFERS OUTSIDE THE EUROPEAN ECONOMIC AREA (‘ EEA ’)
Information that we collect in the EEA may from time to time be stored, processed in or transferred between parties located in countries outside of the EEA which may not have as stringent data protection laws as found in the EEA.
If Article 27 of the GDPR applies to us, we will appoint a representative within the European Union in accordance with the GDPR. Please contact us and we will let you know the representative’s contact details.
If you wish to complain about how we handle your personal information or information held by us, please contact us using the details set out below including your name and contact details. We will investigate your complaint promptly and respond to you within a reasonable time.
For data which is subject to the GDPR, you have the right to lodge a complaint with the local regulator in your jurisdiction in Europe if you do not feel we have adequately upheld your rights under GDPR.
5. Community Guidelines
FILL OUT YOUR PROFILE
People like doing business with people they can trust, and the first step is to identify yourself with accurate information. This includes updating your profile with a photo, then write a short and punchy description of yourself. Next tell us your company name, location, and contact details followed by your industry and service offerings. You should also select your topics of interest so that content can be better tailored for you.
START USING THE SITE
Your experience is not complete if you haven´t done anything on our site. Try answering a few questions, asking some new ones and rating and discussing some articles. This tells those who visit your profile your interests, what you look like, and what you are knowledgeable about. If they like what they see, they might want to connect with you, so make it vibrant and engaging! For tips on how to do this well please visit our Q&A: How to increase your reputation on SavvySME?
If you're wondering how to get started, start here.
TELL OTHERS ABOUT US
A community is only fun when you already know a few people in it, so invite your colleagues and business partners to participate. This allows you to already have a few engaged fans to join you in the community.
EXPRESS YOURSELF, BUT ALSO CONSIDER OTHERS
Express your opinions and support them with accurate facts, if necessary. If you find factual errors or disagree with someone, point them out, and make sure you can explain the error. If you're citing something, give a reference for it. Above all, be respectful at all times.
STAY ON TOPIC
We want all the content on the SavvySME site to solve your problems as quickly as possible, so you can go back to growing your business. So for us to do this effectively we would appreciate if all answers, discussions and comments remain on topic and add value to the original poster’s question. If you would like to open a discussion on a different topic, ask a question or find an article that is along the theme.
QUALITY IS JUST AS IMPORTANT AS QUANTITY
There may be a very big urge to get out there and spreading your opinions and advice to as many places as you can find, but remember quality is important. You can get a higher reputation score by providing a valuable and detailed answer that gets voted up by our members, than answering a few more questions. If you provide something that really helps the rest of the community it will be shared and will have a far wider reach. So, make sure you spend a little more time and give an answer that goes above and beyond just answering the question.
The team at SavvySME created this website with a vision for business owners to enjoy the process of learning, finding out information and networking with others in the community, so please have fun with it. Ask a question. Participate in a discussion. Start your own conversation. Comment on an article or anything you see or read on the site. The more you participate, the more rewarding your experience will be. Your comments and input will also help others, and it will help you build your own reputation.
Don't be offensive or rude
A good debate on any given topic is encouraged, given that it is based on facts and information. When it comes to opinions please remember that you don’t want to burn any bridges as you don’t know who they might know and it could affect your business in more damaging ways than you can imagine. So remember, before you click submit, ask yourself, would I want this conversation to be published on the news and have all my friends and family to see? Publishing it on the internet is more damaging and long-lasting than being on the news, and whatever you say can be easily found by your future business partners and customers, so please keep it constructive, and don’t get personal with anyone in the community.
Last of all, don't be aggressive or use profane language. Personal attacks or obscene material are not welcome and will be removed, and you may be suspended or banned.
Don't steal or copy
Don't steal other people's ideas. Make sure that the ideas you put forward are your own. We also encourage people to refer to existing ideas and research but remember to give credit to the original source that is published.
Don't try being someone else or sell things under false pretenses
Be transparent if you are a representative of the company, as we all want to know who we are really speaking to. Your views are just as valid as a company representative; just make sure you have permission to do so first. Also be transparent if you are giving advice about a product or service that you have a commercial interest in, whether it being your product, a business partner’s product or a product that you receive commissions or benefits on.
We encourage business to take place, and we have reserved our marketplace for that. If you have a product or service to sell, find out how to become a SavvyPro.
Don't speak in other languages
For now the main language is English on our site. We are working on making the service available to non-English speaking business owners, but until we have a translation service in place, all interactions are to be carried out in English.
Don't be a busybody
In addition, do not contact community members outside of the SavvySME community without their permission. If you want to increase your sales and leads, we encourage you to build your reputation on SavvySME, advertise with us and participate in our marketplace. You don’t want to start receiving uninvited sales pitches, so we expect you to return the courtesy for the rest of our members. If any community member reports a violation of this we will ban you.
We only want members that have the interest of the community at heart. You get back what you give so do not fill the website with useless and repetitive material stuffed with keywords and links for your own purposes. We encourage people to optimise their web presence but not at the expense of quality. Your brand will do better in the long run if you take care of it. Please ensure that all interactions on the website are helpful and do not contain links to your website.
Do not give your account access to an inexperienced individual that may use it to spam others. Any reports for spam will be taken seriously, and will result in a permanent ban.
In addition, the 3-strike suspension rule applies to private messaging. Your account will be suspended for 28 days if we receive 3 reports of spam from your recipient(s).
Don't be a sales pitch
SavvySME is a great way to build a personal and business brand, but there are good ways to do it and bad ways to do it. Being a walking sales pitch or an avid backlinker is not a great way to gain the trust and respect of your community members. For this reason, self promoting links in places such as answers and articles will be removed. We allow links to websites other than your own and also specific pages on your website where it is absolutely relevant, but most of your promotion should be done through your profile. This is why we allow you to post up your website address on your profile and display your name, picture and title all over the site. Make sure that your name is followed by great and helpful content throughout the site.
Moderation, our rights
Please remember we do moderate this website and will suspend and edit your content if it violates our community values. We closely monitor conversations and activity on SavvySME. We reserve the right to remove any or all content that contravenes these guidelines. We also reserve the right to block users violating these guidelines from logging in and posting material to the website.