Platform Terms & Conditions

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of The Mini Collective platform, being https://www.theminicollectivecairns.com.au/ (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, The Mini Collective Pty Ltd ABN 44 677 803 520 (The Mini Collective, we or us).

The remainder of this agreement is divided into three parts:

· Part A (All Users), which sets out terms that apply to all Users;

· Part B (Service Provider), which sets out additional terms that apply to Service Provider, being Users who sign up to a ‘Service Provider’ Account on the Platform, who will offer their goods and services on the Platform to Purchaser; and

·Part C (Purchaser), which sets out additional terms that apply to Purchaser, being Users who sign up to a ‘Customer’ Account on the Platform, who may purchase goods or services from Service Provider on the Platform.

If you intend to use the Platform as a Service Provider, only Part A and Part B of these terms will apply to you.

If you intend to use the Platform as a Customer, only Part A and Part C of these terms will apply to you.

HOW DO I READ THIS AGREEMENT?

When we talk about “Goods” or “Services” in this agreement, we are referring to the goods and/or services available through our Platform from Service Provider and any associated goods or services we offer. To the extent context permits, the terms “Goods” and "Services" are interchangeable throughout this agreement.

We may update any part of this agreement at any time without notice to you. By continuing to use the Platform, or order, accept or pay for any Goods and/or Services by means of the Platform, after such an update, you agree to be bound by this agreement as amended.

Capitalised words and phrases used in this agreement have the meanings given by the words immediately preceding any bolded and bracketed word(s) or phrase(s).

Please note that if you sign up with a Subscription (defined in clause 3 of Part A), your Subscription will continue to renew indefinitely, and you will continue to incur Subscription Fees, unless you notify us that you want to cancel your Subscription in accordance with clause 25 of Part A. Please ensure you contact us if you want to cancel your Subscription.

I’ve returned to your Website, do I need to read these terms again?

Please note that we may change any part of these terms at any time by updating this page of the Platform, so you may find that different terms apply next time you use this Website or purchase a Subscription. You can check the date at the top of this page to see when we last updated these terms.

DISCLAIMER

(a) (Introduction service) The Mini Collective is a medium that facilitates the introduction of Purchaser and Service Provider for the purposes of connecting various people in the artistic space. The Mini Collective simply collects a Subscription Fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Purchaser and Service Provider in relation to such services or otherwise resulting from the introduction. The Mini Collective does not prepare, cook or deliver the food.

(b) (Service Provider Qualifications) The Service Provider on our Platform may not be professionally trained or certified individuals. They are independent providers offering their services based on personal experience and skills. The Mini Collective and the Platform do not verify the professional qualifications of the Service Provider. Purchaser should assess the suitability of a Service Provider's offerings based on their individual needs and preferences.

(c) (Liability) To the maximum extent permitted by law, the Platform or The Mini Collective is not liable for the actions, omissions, or conduct of individual Users or third parties. This includes, but is not limited to, disputes, misconduct, or misuse of the Platform or Events.

(d) (Event Content) Some Events may include sensitive or adult-themed content, including but not limited to Events featuring nude models. Participation in such events is voluntary, and all Users must comply with event-specific guidelines. We are not responsible for any discomfort or issues arising from participation in these Events.

(e) (Minors) The Mini Collective takes the protection of minors seriously and implements strict guidelines for Events involving participants under 18. However, we are not liable for any unauthorized actions or violations of these guidelines by Users. Parents and guardians are encouraged to monitor their child’s participation closely.

(f) (Data Protection) We take reasonable measures to protect the personal data of our Users. However, we are not responsible for unauthorized access, breaches, or misuse of data by third parties or other members. Users are advised to exercise caution when sharing personal information on the Platform.

ELIGIBILITY

This Platform is not intended for unsupervised 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 and warrant that you are either:
- over the age of 18 years and accessing the Platform for personal use; or
- accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
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. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

LINKED BUSINESSES

You acknowledge and agree that:
the Platform provides links and introductions to Service Provider owned and operated by third parties that are not under the control of The Mini Collective;
the provision by The Mini Collective of introductions to Service Provider does not imply any endorsement or recommendation by The Mini Collective of any Service Provider;
The Mini Collective does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Service Provider who uses or is listed on the Platform; and
any terms and conditions relating to a Service Listing or quote provided via the Platform constitute a contract between you and the Service Provider once agreed in accordance with clause 1 and do not involve The Mini Collective in any way.

LIMITATION OF LIABILITY

To the maximum extent permitted by law and subject to clause 21(b), the total liability of each party (being you, the User and us, The Mini Collective) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the Subscription Fees paid by you on the Platform in the 3 months preceding the date of the event giving rise to the relevant liability.
- Clause 21(a) does not apply to your liability in respect of loss or damage sustained by The Mini Collective arising from your breach of:
  - PART A: clauses 10,8; 10; 11; 12; 6;22,
  - PART B: (Service Provider only) clauses 1, 3 and7.
- (Disclaimer) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
- (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
- (Consequential Loss) To the maximum extent permitted by law, neither party will 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 in connection with this agreement or any goods or services provided by The Mini Collective, except:
  - in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
  - to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

SERVICE LIMITATIONS

While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

(a) the Platform may have errors or defects (or both, as the case may be);

(b) the Platform may not be accessible at times;

(d) information you receive or supply through the Platform may not be secure or confidential; and

(e) any information provided through the Platform may not be accurate or true.

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). The Mini Collective accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

CONFIDENTIALITY

You agree that:

no information owned by The Mini Collective, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
all communications involving the details of other users on this Platform and of the Service Provider are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

PRIVACY

You agree to be bound by the clauses outlined in The Mini Collective’s Privacy Policy, which can be accessed here theminicollectivecairns.com.au/privacy-policy.
COLLECTION NOTICE
- We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
- Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

TERMINATION

Either The Mini Collective or the User may terminate the User’s Account at any time (including any Service Provider Profiles, Customer Profiles or Service Requests) for any reason.

If a User wants to terminate their Account, they can do so by using the Platform’s functionality where available. Where such functionality is not available, The Mini Collective will affect such termination within a reasonable time after receiving written notice from the User.

If a User wants to cancel their Subscription, they must provide notice to The Mini Collective via the Platform prior to the start of the next Subscription Period.

In the event that a User’s Account 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 Profiles, contact details, geographic details, any other personal details and service listings or requests);

(iii) unless agreed in writing, any Subscription Fees that would otherwise have been payable after termination for the remainder of the relevant Subscription Period will remain payable and, to the maximum extent permitted by law, no Subscription Fees already paid will be refundable; and

(iv) the User may be unable to view the details of other Service Provider (including Service Provider Profiles or Customer Service Provider Profiles or Customer Profiles, contact details, geographic details and any other details), and all Service Requests previously posted by the respective User will also be removed from the Platform.

(e) Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.