Website Terms and Conditions of Use
OORO Pty Ltd (ACN 648 458 806) — ndismarket.com
About the Website
Welcome to ndismarket.com (Website). The Website facilitates interactions between parties providing services (Provider) and parties receiving services (Receiver), making it easier to locate, communicate, arrange payment and deliver services in a fast and secure manner (Services).
The Website is operated by OORO Pty Ltd (ACN 648 458 806). Access to and use of the Website, or any of its associated products or Services, is provided by OORO Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
OORO Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When OORO Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates. Any changes to the Terms take immediate effect from the date of their publication.
Acceptance of the Terms
You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by OORO Pty Ltd in the user interface.
The Services
In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (Account). As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself, including but not limited to:
- Email address
- Preferred username
- Mailing address
- Telephone number
- Password
- Australian Drivers Licence
- Australian Passport
- Credit or Debit Card
You warrant that any information you give to OORO Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with OORO Pty Ltd; or
- you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Your Obligations as a Member
As a Member, you agree to comply with the following:
- you will not share your profile with any other person;
- you will use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify OORO Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
- any content that you broadcast, publish, upload, transmit, post or distribute on the Website (Your Content) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content;
- you agree not to harass, impersonate, stalk, threaten another Member of the Website;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of OORO Pty Ltd;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services;
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
Using the Website as the Participant
Create a profile as part of the Login Process. Search for Providers and message a Provider based on their profile and what services they are offering.
Using the Website as the Provider
Create a profile. Select Onboarding Process. Create your Public Profile. You will get notifications when you are sent messages from Participants. Choose a higher Tier Plan Subscription to get more options.
Payment
By OORO Pty Ltd offering the Services to you, you agree that:
- Payments from Provider to OORO Pty Ltd will incur a processing fee of 0.25% + 25¢ including GST. Processing Fees by Stripe may be subject to change and is outside of the control of OORO Pty Ltd.
- All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
Refund Policy
All Providers agree to comply with the Australian Consumer Law. Any benefits set out in this Policy may apply in addition to consumer's rights under the Australian Consumer Law.
Copyright and Intellectual Property
The Website, the Services and all of the related products of OORO Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website are owned or controlled by OORO Pty Ltd and are protected by Australian and international laws.
All trademarks, service marks and trade names are owned, registered and/or licensed by OORO Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a Member to use the Website pursuant to the Terms, copy and store the Website in your device's cache memory, and print pages from the Website for your own personal and non-commercial use.
OORO Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by OORO Pty Ltd.
Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, you grant to OORO Pty Ltd a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
Privacy
OORO Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to OORO Pty Ltd's Privacy Policy, which is available on the Website.
General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and OORO Pty Ltd will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind.
None of the affiliates, directors, officers, employees, agents, contributors and licensors of OORO Pty Ltd make any express or implied representation or warranty about the Services, including in relation to:
- failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website or the Services;
- costs incurred as a result of you using the Website, the Services or any of the products of OORO Pty Ltd; and
- the Services or operation in respect to links which are provided for your convenience.
Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of OORO Pty Ltd. Competitors are not permitted to use or access any information or content on our Website. If you breach this provision, OORO Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
Limitation of Liability
OORO Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
Termination of Use
The Terms will continue to apply until terminated by either you or by OORO Pty Ltd as set out in this clause. OORO Pty Ltd may at any time, terminate its legal agreement with you if you have breached any provision of the Terms or if OORO Pty Ltd is required to do so by law.
Indemnity
You agree to indemnify OORO Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against any actions, suits, proceedings, claims, demands, damages, costs, charges and expenses, including legal fees, in connection with any claims arising out of any breach by you of these Terms or any claims made by any third party due to, or arising out of, acts or omissions on your part.
Dispute Resolution
If any dispute arises in connection with the Services or these Terms, the parties agree to first attempt to resolve the dispute in good faith by agreement between themselves. If the dispute cannot be resolved within thirty (30) days, the parties agree to submit the matter to mediation in Sydney, New South Wales.
Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any disputes arising in connection with the Terms are subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
Contact Us
For any questions about these Terms, please contact OORO Pty Ltd at help@ndismarket.com.