Welcome to our website. This website is owned and operated by TouchCart Pty Ltd (ACN 91 663 513 737). By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy. You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

1. Registration

1.1. You may need to be a registered member to access certain features or sections of our website.

1.2. When you register and activate your account, you will provide us with personal information such as your name, email address, telephone number, and suburb/city location. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

1.3. When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

1.4. If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:

1.4.1. Exercise supervision over the Minor’s use of our website and account;
1.4.2. Assume all risks associated with the Minor’s use of our website and their account, including the transmission of content or information to and from third parties via the Internet;
1.4.3. Ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;
1.4.4. Assume liabilities resulting from the Minor’s use of our website and their account;
1.4.5. Ensure the accuracy and truthfulness of all information submitted by the Minor; and
1.4.6. Provide the consents contained in these Terms on behalf of the Minor.

1.5. We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.

2. Collection Notice

2.1. We collect personal information about you in order to provide you access to our platform and for purposes otherwise set out in our Privacy Policy.

2.2. We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers, and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our platform services to you.

2.3. Our Privacy Policy explains:
(i) how we store and use, and how you may access and correct your personal information;
(ii) how you can lodge a complaint regarding the handling of your personal information; and
(iii) how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us at [email protected] or on +61 02 8999 7258.

2.4. By providing your personal information to us, you consent to the collection, use, storage, and disclosure of that information as described in the Privacy Policy and these Terms.

3. Accuracy, Completeness, and Timeliness of Information

3.1. The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

3.2. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

3.3. We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products, or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

4. Linked Sites

4.1. Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

5. Intellectual Property Rights

5.1. Unless otherwise indicated, we own or license from third parties all rights, title, and interest (including copyright, designs, patents, trademarks, and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio, and software) made available on this website.

5.2. Your use of this website and use of and access to any Content does not grant or transfer any rights, title, or interest to you in relation to this website or the Content. However, we do grant you a license to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorized by us and/or our third-party licensors.

5.3. Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location, or support for publication, reproduction, or distribution is expressly prohibited.

5.4. All other use, copying or reproduction of this website, the Content, or any part of it is prohibited, except to the extent permitted by law.

6. Unacceptable Activity

6.1. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

6.1.1. Any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;

6.1.2. Using this website to defame or libel us, our employees or other individuals;

6.1.3. Uploading files that contain viruses that may cause damage to our property or the property of other individuals;

6.1.4. Posting or transmitting to this website any non-authorized material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic, or otherwise, or which is detrimental to or in violation of our systems or a third party’s systems or network security.

6.2. If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

7. Warranties and Disclaimers

7.1. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

7.2. We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

8. Liability

8.1. To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

9. Jurisdiction and Governing Law

9.1. Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

10. Severability

10.1. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be deemed to be re-written to give effect to the same purpose within the permitted limits of the law, and the remaining provisions shall continue in full force and effect.

11. Entire Agreement

11.1. These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

Contact Us

If you have any questions or concerns about these Terms, please contact us at [email protected] or on +61 02 8999 7258