TODD+CREATES Terms of Use

  1. Introduction. Welcome to toddcreates.shop. Thanks for stopping by. These Terms of Use, the Privacy Policy, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”). All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with the full Terms of Use when accessing or using our Services. The Terms of Use set out below take effect from 23 July 2020.
The Services are currently provided to you by TODD+CREATES Pty Ltd, also known as sole trader Sarah Rowlands.
  1. Your Account. To access and use some of the Services, you may need to register with us and set up an account with your email address and a password (your “Account”). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account.
 If you believe your Account has been compromised or misused, contact us immediately at  TODD+CREATES Customer Support.

Using TODD+CREATES. To use the Services as a Seller, you must be over 18 years old. You agree that you will only post in relation to goods or services in Australia in the appropriate category or area and you agree that you will not do any of the following:

  • violate any Australian State or Territory laws
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • be false or misleading;
  • infringe any third-party right;
  • distribute or send communications that contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm TODD+CREATES, the Services or the interests or property of TODD+CREATES users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of the Services;
  • copy, modify, or distribute any other person’s content without their consent;
  • use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent
  • bypass measures used to prevent or restrict access to the Services; and/or
  • post an ad with the intention to profit from a natural disaster, health or public safety concern, or tragic event.
  1. Abusing TODD+CREATES Services. TODD+CREATES and the TODD+CREATES  community work together to keep the Services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system. You are solely responsible for all information that you give to TODD+CREATES and any consequences that may result from your posts. We can at our discretion refuse, delete or take down content that we think is inappropriate or breaching these Terms of Use. We also can at our discretion restrict a user’s usage of the Services either temporarily or permanently, or refuse a user’s registration. Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we take any of these steps, we don’t accept any liability for monitoring the Services or for unauthorised or unlawful content on the Services or use of the Services by users. You also accept that TODD+CREATES is not under any obligation to monitor any data or content which is submitted to or available on the Services.  ​​​
  2. Fees and Services. Using the Services as a Vendor attracts a 15% administration fee on GROSS sales. All products include shipping costs. The site is able to be accessed free of charge for the reason of purchasing a listed item. We may sometimes charge a fee for certain features or Services. If the feature you use incurs a fee, you will be able to review and accept that charge before purchase. If you choose to pause a listing at any stage, any features you have applied to your listing will not be paused. Our fees are quoted in Australian Dollars, and we may sometimes change them. We’ll notify you of changes to our fees by posting the changes on the site. We may sometimes temporarily change our fees for testing purposes, promotional events or new features, these changes take effect from the time the price change is posted to the site. Our fees are non-refundable after the feature is supplied, and you are responsible for paying them when they are due. If you don’t, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using collection mechanisms, including third party debt collection services. Australian taxes associated with our Services will be collected where applicable.  You agree to provide accurate information necessary for TODD+CREATES to comply with our obligations under applicable law.  You are solely responsible for collecting and remitting any applicable taxes resulting from the sale of your items or services listed on TODD+CREATES Services.
  1. Content. TODD+CREATES Services contain content from us, you, and other users. TODD+CREATES is protected by copyright laws and international treaties. Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content). When you give us content, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future, including third party sites and applications. You also waive all moral rights you have in the content to the fullest extent permitted by law. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
  1. Reporting Intellectual Property Infringements. Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We can remove content where we have grounds for suspecting the violation of these terms, our policies or any party’s rights. If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is download our Notice of Infringement (NOCI) form, fill it out, and email it to the email address in the form. Only the intellectual property rights owner can report potentially infringing items or listed on TODD+CREATES. After we receive your first NOCI, TODD+CREATES. will confirm your enrolment in our program and send you the instructions on how to submit future reports electronically. We can share, in accordance with applicable law, the completed NOCI form with the third party that originally posted the potentially infringing listing.
  1. Third Party services on TODD+CREATES. You may use the Stripe payment gateway for some financial transactions on our Services. When you link your Stripe account to your Account, you can use your Stripe account to pay or be paid for items by buyers or sellers while using TODD+CREATES services. You acknowledge and agree that by utilising any third party services through our Services (such as Stripe), you are bound by the terms and conditions of that third party and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services.
If you to link your Stripe account to your Account you appoint TODD+CREATES. as your limited agent to:
a. provide to Stripe your name, address, payment amount, item details, item category, and all other information required by Stripe to enable Stripe to process payments to or from your Stripe account; and
b. receive payment confirmation and decline notices from PayPal in respect of your Stripe payment transactions.
When you link your Stripe account to your Account, we accept our appointment as your limited agent to undertake those activities specified in the paragraph above. Our appointment as your agent to undertake these activities terminates immediately upon your Account ceasing to be linked to your Stripe account.
If you have a dispute with Stripe, a buyer, or a seller, that does not arise directly as a result of an error by TODD+CREATES, in respect of any payment transacted (or failed to be transacted) on your Stripe Account, you release us and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from any and all claims demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
TODD+CREATES. is not able to access your complete financial details from Stripe or your Stripe account. The Stripe terms and conditions apply to your use of Stripe when you access Stripe’s services from our Services, and you must agree to Stripe’s terms and conditions in order to use the Stripe’s services. You acknowledge and agree that, to the extent permitted by law, we are not liable to you for any loss or damage you incur arising from your use of the Stripe method, unless such loss or damage was as a direct result of TODD+CREATES error, in which case our liability is limited in accordance with clause 11.
  1. Legal and Financial Advice. You acknowledge and agree that you have the opportunity to obtain independent legal and financial advice from appropriately qualified professional advisers and that you take into account your personal objectives, financial situation and needs before buying or selling an item via our Services.
You acknowledge and agree that the information provided by TODD+CREATES. in relation to using Stripe’s services is factual in nature only and TOO+CREATES. has not provided a recommendation or statement of opinion intended to influence your decision on whether or not to use Stripe’s services and that you cannot rely on any of TODD+CREATES. advertising materials, terms, instructions or policies as a recommendation, statement of opinion or financial product advice.
  1. Limitation of Liability.  Nothing in these Terms of Use (including this clause 11) excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law. To the extent that these Terms of Use are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency.
Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Services or that the Services will be uninterrupted or error-free. Notification functionality in the Services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network.  To the extent permitted by law, we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law. To the extent permitted by law, and without limiting any rights that you may have under the Australian Consumer Law, TODD+CREATES. liability to you for any failure by TODD+CREATES. to comply with any statutory guarantee under the Australian Consumer Law is limited to TODD+CREATES. supplying the Services again or paying you the cost of having the Services supplied again.
TODD+CREATES. excludes any liability to you for any loss or damage suffered by you as a result of TODD+CREATES failing to comply with an applicable statutory guarantee under the Australian Consumer Law if you suffering such loss or damage was not reasonably foreseeable and was not directly caused by TODD+CREATES.
  1. Indemnification. You will indemnify and hold harmless TODD+CREATES. and our affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
  1. Release. If you have a dispute with one or more TODD+CREATES users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
  1. Personal Information. By using the Services, you agree to the collection, transfer, storage and use of your personal information by us (the “data controller”) on servers located in the United States and in the European Union as further described in our privacy policy.
  1. Severability.  If a provision of these Terms of Use is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms of Use.
  2. General. These Terms of Use and the other policies posted on the Services set out the entire agreement between TODD+CREATES and you, overriding any prior agreements. From 23 July 2020, this agreement is governed by the laws of New South Wales, Australia. We submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these Terms of Use, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices about illegal or infringing content, your notices to us must be sent by Docusend.
We will send notices to you via the email address you provide at purchase. Notices sent by emaill will be deemed received five days following the date of mailing.
We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by you and by us.
Send questions, comments or complaints to Customer Support.
iOS – Apple
1.    These Mobile Devices Terms are an agreement between you and TODD+CREATES, and not with Apple. Apple is not responsible for the Application and the content thereof.
2.    TODD+CREATES grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3.    Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
4.    Apple is not responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim.
5.    Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6.    In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
7.    Apple and Apple’s subsidiaries are third party beneficiaries of these Mobile Devices Terms, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Mobile Devices Terms against you.
Windows – Microsoft
1.    These Mobile Devices Terms are an agreement between you and TODD+CREATES, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of the Application.
2.    You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
3.    Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application.
4.    Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, “Disclaiming Distributors”) give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
5.    You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Mobile Devices Terms cannot change.
6.    To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.