Todd+Creates is an online marketplace where you, the buyer, are purchasing directly from the designer. Todd+Creates users can pay with and accept payment by STRIPE. This policy explains all of your rights and obligations when using Todd+Creates.
This policy is a part of our Terms of Use. By using STRIPE, you’re agreeing to this policy and our Terms of Use.

1. Accepting These Terms
The Todd+Creates Payments Policy (or the “Policy”) sets out your rights and responsibilities when you use STRIPE Payments on Todd+Creates services (we’ll refer to toddcreates.com.au as our “Services”), so please read it carefully. By using Todd+Creates, you’re agreeing to the Policy.

The Policy is a legally binding contract between you and Todd+Creates.

2. Overview
Todd+Creates allows sellers to (a) accept payment by BANK DEPOSIT FROM A MINIMUM OF 48 HOURS FROM SALE.

Todd+Creates is only available to sellers who are at least 18 years old who register and are approved for a payment account with STRIPE.

Sellers may only use Todd+Creates for the sale of items listed on Todd+Creates Services and agree to dispatch sold items once a payment transaction is complete and then payment will be reflected in their payment account. Todd+Creates reserves the right to terminate a seller’s access to Todd+Creates if the seller uses Todd+Creates in any other manner.

3. Third-Party Services
Todd+Creates has engaged third-party service providers to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis, and regulatory compliance.

Todd+Creates partners with STRPE to facilitate card payments and other payments and the disbursement of funds to sellers. If there are insufficient funds in your bank account when our provider processes the payment for your purchase, Todd+Creates reserves the right to contact you directly and to seek payment.

Todd+Creates may share your personal or transactional information with those third-party service providers when it’s necessary to process payments.

By using a third-party service, you may also be subject to an agreement with a third party. For example, STRIPE is a third-party service and is subject to the STRIPE User Agreement.

If Todd+Createsreceives notice that your shop’s content or activity violates a third party’s service agreement, we may at our sole discretion take action against your account to comply with their policies. Such actions may include canceling a transaction, disabling listings from your shop, suspending your selling privileges, or removing certain payment methods.

4. Todd+CreatesRights and Responsibilities
Todd+Creates Payments functionality may be made available, modified, or discontinued by us at any time without notice and is subject to the limitations in Todd+Creates Terms of Use.

As a security measure, we may impose transaction limits on buyers and sellers. For example, we may impose limits relating to the value of any transaction, deposit, or adjustment, or limits relating to the cumulative value of all transactions, deposits, or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time. We will not be liable to a seller: (a) if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us, or (b) if we permit a buyer to withdraw from a transaction.

Todd+Creates may refuse service of Todd+Creates Payments to anyone, for any reason, at any time.

Todd+Creates reserves the right to decline transactions that we believe to be high risk, fraudulent, or in violation of Todd+Creates Terms of Use.

In the event that a buyer does not make payment for the purchase of a legitimate item sold using Todd+Creates Payments (e.g., where the buyer used a stolen or unauthorised credit card), Todd+Creates may provide limited payment protection to the seller, in the interest of fairness.

Todd+Creates maintains records associated with transactions on Todd+Creates Payments and does not pass any secure data, including credit card numbers or bank account information, to any sellers. Sellers will only receive delivery information and limited buyer account information necessary to complete the order. Todd+Creates Privacy Policy further explains how Todd+Creates handles user information.

5. Seller Rights and Responsibilities
A. Use of Todd+Creates Payments. If you live in a country in which Todd+Creates Payments is available, you are required to sign up for Todd+Creates Payments, except as otherwise determined by Todd+Creates in its sole discretion. Using Todd+Creates Payments will result in your shop accepting payment through STRIPE. For you to sign up for Todd+Creates Payments and receive payment for transactions made through Todd+Creates Payments, you must provide all required information and complete all required steps for compliance purposes. Without this information, Todd+Createscan’t pay you. If you live in a country in which Todd+Creates Payments are available and you do not provide Todd+Creates with this information, Todd+Creates may refuse you access to the Services until you do so.

B. Payment Accounts. A payment account allows sellers to track payment amounts, refunds, and fees related to transactions and seller services. Sellers must provide accurate personal information as requested during registration, and are responsible for maintaining and updating that information as necessary. Sellers will not impersonate any person or use any name they are not legally authorised to use. Sellers authorise us, and authorised agents, to verify their information (at registration and on occasion when using the Services) by accessing public records and obtaining credit reports about the sellers. Todd+Creates verifies sellers’ information in order to safeguard the integrity of the marketplace and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions.

Payment accounts are only available to individuals who are eligible to be sellers on TODD+CREATES Services and who have a valid credit or debit card on file with Todd+Creates, unless they are exempt from this requirement.

C. Disputes/Refund requests: In the event that a dispute is escalated toTodd+Creates Support Team Todd+Creates reserves the right to issue a refund to a buyer if a transaction is found to be in violation of Todd+Creates policies.

In the event that a buyer submits a chargeback, Todd+Creates will respond to the credit card networks on behalf of the seller involved in the transaction; the seller agrees to provide any requested information to us within five calendar days of the request. Todd+Creates reserves the right to recoup funds associated with buyer chargebacks.

D: Shipping of all items must occur within a standard 5 days from purchase and Todd+Creates requires tracked shipping on all shipments. All items must be available to ship at the time of purchase.Todd+Creates does not list made-to-order products.

E: Communications. We will inform sellers of each transaction, or of other information pertaining to Todd+Creates Payments, using our standard communication procedures.

F. Refunds. Refunds are available for any products sold on this site due to: Non-delivery of goods within 14 days of order shipment and all other legally binding requirements for the return of goods in Australia.

G. International Trade Laws. You agree that your use of Todd+Creates Payments will not involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the US Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies.

H. Information on Cardholder Charges. Please note that your bank or card provider may charge additional fees (including cross-border fees) for transactions that you make on Todd+Creates. These fees are not charged by Todd+Creates and are at the discretion of your bank. Please contact your bank for further details.

6. Appointment of Todd+Creates as Limited Collection Agent for Sellers
Each seller appoints Todd+Creates as its agent for the limited purpose of receiving, holding and settling payments to seller. Todd+Creates will settle payments that are actually received by Todd+Creates to each seller, less any amounts owed to TODD+CREATES and subject to these Terms. Each seller agrees that a buyer payment received by Todd+Creates, on behalf of seller, satisfies the buyer’s obligations to make payment to seller, regardless of whether Todd+Creates actually settles such payment to seller. If Todd+Creates does not settle any such payments as described in these Terms to a seller, such seller will have recourse only against Todd+Creates and not the buyer.

7. Deposits
A. Payment Account. All funds resulting from a completed transaction will be reflected as a balance in a seller’s payment account. Transactions are considered complete at the later of once the payment is approved by Todd+Creates or our fraud analysis service provider. Any refunds, adjustments, or other amounts paid to buyers in connection with purchases, or for funds received since the last payment day, are also applied to the seller’s payment account balance.

Funds in a payment account balance are eligible for deposit (the “Available Funds”) into a seller’s bank account at the end of any applicable deposit delay, reserve, or hold period as determined by the seller’s bank. For deposits below designated thresholds in certain markets, a deposit fee will apply. See Section 9 below for details on deposit fees. A deposit minimum also applies to deposits in certain markets. Funds will only be available for deposit if they exceed the applicable deposit minimum.

B. Country and Currency Options. Available Funds can only be deposited into bank accounts, in the domestic currency of the account, in Australia.

C. Scheduled Deposits. Todd+Creates will instruct our payments partners to initiate a deposit of a seller’s Available Funds into the seller’s bank account usually within five days of sale of item. Sellers can select the frequency of disbursements from their payment account in their account settings. The actual timing of the deposit may depend on how quickly a seller’s bank processes the request. Any refunds will incur a vendor-paid additional 3% fee.

Disbursement Thresholds by Currency:

The Payment Date will fall on the next Friday, (excluding bank holidays) if the scheduled Payment Date falls on a non-business day. When a seller either initially provides or later changes their bank account information, the seller must wait at least five (5) calendar days to request a deposit into a bank account as a security precaution. The next scheduled deposit after a change to bank account information will occur on the next applicable Payment Date after a period of five (5) calendar days from the date of the requested change.

D. Holds and Delays. In some cases, deposits to a seller’s bank accounts could be temporarily delayed by an issue at Todd+Creates, Todd+Creates third-party service providers, or a seller’s bank. We’ll do our best to communicate with any affected seller as soon as we can.

If we believe that a seller’s actions may result in buyer disputes, chargebacks or other claims, then we may, in our sole discretion, put a hold, deposit delay, reserve on the seller’s payment account balance.

A hold may be put on funds associated with a particular transaction if there is a dispute or investigation related to the order, for the shorter of: (a) 180 days after the estimated delivery date, or (b) completion of any investigation regarding the seller’s actions.

Deposit delays are defined as the number of days between a sale and the day the net amount from the sale becomes available for deposit, provided the payment has been completed. A deposit delay may be between 0 and 180 days. A deposit delay is applied across all transactions for a seller and the number of days is reflected in each seller’s payment account.

A reserve is defined as a fixed percentage of a seller’s payment account balance (i) delayed prior to being included as part of a seller’s Available Funds for a period of up to 180 days or (ii) deducted from a seller’s payment account as a reserve for a period of up to 90 days.

If Todd+Creates places a hold, deposit delay or reserve on a seller’s account, we’ll do our best to communicate with the affected seller as soon as we can.

We always work hard to avoid and minimise any delays. However, please note that Todd+Creates is not obligated to refund any fees or reimburse any expenses due to holds or delayed deposits.

E. Escheatment. If Todd+Creates cannot settle funds into a seller’s bank account, the funds will remain in the seller’s payment account. It is the seller’s sole responsibility to update their bank account information to receive the funds. If a seller fails to update the information to claim the funds within a certain period of time, Todd+Creates will escheat the funds to the relevant government authority in order to comply with escheatment laws.

8. Recoupment
A. We reserve the right, in our sole discretion, to seek reimbursement from a seller in any of the following circumstances: (a) we provide a refund to a buyer because a seller did not promptly deliver the goods or we otherwise determine, consistent with Section 5 (Seller Rights and Responsibilities), that a refund is warranted in a particular circumstance, (b) we discover erroneous or duplicate transactions related to a seller, (c) we receive a chargeback from a buyer’s credit card issuer or reversal of payment for the amount of a buyer’s purchase from a seller, or (d) a seller does not act in accordance with Todd+Creates policies.

B. We may obtain reimbursement of any amounts owed by a seller to Todd+Creates by deducting from future payments owed to the seller, reversing any credits to the seller’s payment account balance, charging the seller’s credit card on file, charging the seller’s payment account, or seeking reimbursement from the seller by any other lawful means, including by using third-party collections services. You authorise us to use any or all of the foregoing methods to seek reimbursement. Todd+Creates may suspend your selling privileges at any time pending payment of your outstanding balance.

9. Payment Processing Fees
A. Overview. Todd+Createscharges a fee (the ‘Payment Processing Fee’) for processing each transaction through STRIPE. The fee amount will be assessed on the gross order amount, including delivery and tax (if applicable). Payment Processing Fees will be reflected in your payment account and will be deducted from the total amount of the payment at the time the payment is considered complete. We reserve the right to modify the Payment Processing Fee at any time. For deposits below designated thresholds in certain markets, a deposit fee will apply. Deposit fees are deducted from your Available Funds and reflected in your payment account at the time of your scheduled deposit. In the event of any partial or full refunds credited back to a buyer, the Payment Processing Fee and other applicable fees will be recalculated based on the adjusted sale price. The difference between the original Payment Processing Fee and the adjusted Payment Processing Fee will be applied to the refund amount being credited back to the seller. Other applicable fees will be refunded to the seller’s payment account. Deposit fees will be refunded if the deposit is returned to a seller’s payment account.

B. Fee Amount. Payment Processing Fees vary based on the location of a seller’s bank account.

C. Listing Currency Conversion Considerations for Sellers. When a seller lists and subsequently sells an item in a currency other than the currency of the seller’s payment account, Todd+Creates will settle the associated transaction proceeds in the currency of the seller’s payment account. When such a service is required, Todd+Creates applies an additional 2.5% currency conversion fee. Calculation rates are updated regularly.

D. Value-Added Tax (VAT). Depending on your business status and location, Todd+Creates may be required to charge VAT on seller fees accrued each month and remit it to the relevant tax authority. VAT is collected on Todd+Creates Payments processing fees for sellers located in eligible Todd+Creates Payments countries where required.

E. Browsing Currency Considerations for Buyers. In the case of a buyer purchasing from a seller who lists in a currency other than the buyer’s browsing currency, Todd+Creates will automatically calculate the listing price in the buyer’s browsing currency. When such a calculation is required, Todd+Creates applies an additional currency conversion charge. Calculation rates are updated regularly.

F. Interest. Not applicable in Australia.

10. Reporting Obligations

To comply with these Australian regulations, we may request seller ABN information.

11. Termination
Sellers may terminate this contract and their acceptance of Todd+CreatesPayments at any time by adjusting the Settings in their account with Todd+Creates. Todd+Creates may also terminate or suspend a seller’s use of Payments at any time.

Upon termination, any non-disputed Available Funds will be deposited into a seller’s bank account. Todd+Createsreserves the right, upon termination of access to Todd+CreatesPayments, to set off against any payments to be made to the seller, an amount determined by us to be adequate to cover any anticipated chargebacks, refunds, adjustments or other amounts that might be paid to buyers in connection with purchases from the seller’s payment account for a prospective 180-day period. At the end of the 180-day period following termination, we will disburse to the seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from the seller via any of the means authorised in this Policy for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.