Welcome to https://tinycrowd.com.au/ (our Site).
Tiny Crowd Pty Ltd (ACN 609 970 434) (Tiny Crowd, we, us, our) is a creative design consulting business that offers branding and marketing products and services to individuals and businesses.
These Terms and Conditions (Terms) govern your use of our Site, and Tiny Crowd’s products and services, and form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to Tiny Crowd in writing at email@example.com before using our Site, buying our products or engaging our services.
Tiny Crowd’s products and services are intended for users aged 18 and over.
Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.
These Terms were last updated in April 2019.
1) ACCEPTANCE OF TERMS
1.1 By browsing, accessing, downloading, purchasing or using the products and services offered on our Site, whether or not you engage our services, you acknowledge that you have read and understood these Terms and agree to be bound by them.
2) VARIATIONS TO TERMS
2.1 Tiny Crowd reserves the right, in its sole discretion, to vary, change or amend any part of these Terms.
2.2 In that event, Tiny Crowd will provide notice of the variation by publishing the updated Terms on our Site.
2.3 The updated Terms will be taken to have effect on the date of publication.
2.4 Your continued use of our services, and the Site constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.
2.5 Should you object or disagree to the Terms, you must discontinue your use of our products, services and our Site.
3) BOOKING AND CANCELLATION
3.1 By making a booking with Tiny Crowd for any consulting sessions, or otherwise communicating your acceptance of a proposal from us, you agree to be bound by our booking policy contained in this clause 3.
3.2 All bookings for consulting and coaching sessions must be made via our online booking calendar at least 72 to 30 hours before the desired session time, as advised at the of booking online. It is intended that you keep the time and day of your booking each week for the duration of your proposal.
3.3 If you are unable to find an available time that suits you in the online booking calendar, you must contact Tiny Crowd at firstname.lastname@example.org to arrange a mutually convenient time.
3.4 You must attend your session on time to ensure that it runs for the full duration of the appointment. If you are running late, Tiny Crowd reserves the right to cut short your session time.
3.5 Sessions will be conducted online or over the phone unless otherwise agreed by Tiny Crowd.
3.6 You must ensure that you have access to an available computer, telephone or other devices at the time of your booking and have sufficient telephone and internet reception in order for us to be able to deliver our services to you. If these resources are unavailable, then Tiny Crowd reserves the right to terminate your session without refund.
3.7 All sessions require that both parties be fully present and have access to a private, quiet space where you will not be interrupted. Sessions may not be conducted while driving or otherwise unduly distracted. If you do not satisfy these requirements, Tiny Crowd reserves the right to terminate your session without refund.
3.8 If you need to reschedule or cancel a booking, you may do so without penalty provided at least 24 hours’ prior notice has been given to Tiny Crowd. If you cancel less than 24 hours prior to your session, or if you’re a ‘no show’, you forfeit the session.
3.9 In the unlikely event that Tiny Crowd cancels a booking, your session will be rescheduled as soon as practicable.
4) YOUR OBLIGATIONS
4.1 You must provide us with all the relevant information or graphical elements required for Tiny Crowd to complete its work. You acknowledge that Tiny Crowd will not commence any work until all information and elements have been provided.
4.2 You must provide us with complete instructions at the outset of our engagement, as confirmed in any proposal documents provided to you by Tiny Crowd (Proposal). If you wish to make any changes to your instructions, beyond what is confirmed in the Proposal, we will charge you an hourly rate of $110 (excluding GST) for the time incurred making those changes. No further work will be undertaken until each invoice for additional work has been paid.
4.3 When providing our products and/or services, we may request that you provide us with responses, feedback, completed questionnaires, copy content, images and other information so we can best deliver our services. You agree that you will provide any such information in a timely manner. Any delays in receiving this information may affect your project delivery timelines and result in additional charges.
5) REFUND POLICY
5.1 Any initial deposits paid to Tiny Crowd for the provision of its services are non-refundable.
5.2 Final payments are non-refundable after final files are sent at the completion of Tiny Crowd’s services.
5.3 Each refund request will be assessed on a case-by-case basis, in accordance with the costs associated with each product or service delivered by Tiny Crowd, or otherwise where Tiny Crowd determines in its sole discretion that genuine value has not been received or is not able to be received by you.
6.1 All prices for Tiny Crowd’s services are in Australian dollars (AUD).
6.2 All prices include GST unless indicated otherwise, and exclude delivery charges and customs duty and other taxes, if applicable.
6.3 All prices are subject to change without notice.
6.4 Tiny Crowd reserves the right to modify, cancel and limit any Proposal or work at any time.
7.1 Payment for Tiny Crowd’s products and services will be in accordance with any Proposal. Each Proposal has its own unique payment structure and must be adhered to (Payment Structure).
7.2 Any additional revisions to our work beyond that accounted for in the Proposal will be charged separately at an hourly rate of $110 (excluding GST), billed in 15-minute increments.
7.3 Any quotes for services provided within a Proposal are valid for 28 days only.
7.4 If you make an urgent request for Tiny Crowd’s products and services (ie a request that requires a 24-48 hour turnaround time from briefing and supplying all materials required), you will be required to pay a priority rate depending on the urgency of the request. This hourly rate will be determined by Tiny Crowd in its sole discretion and on a case-by-case basis.
7.5 If you request that our services are put on hold whilst we are mid-way through delivering a project to you in accordance with a confirmed Proposal, Tiny Crowd reserves its right to invoice you for the work done up until the date you placed our services on hold.
7.6 If our services are put on hold for more than 3 calendar months, Tiny Crowd reserves the right to charge you an administration fee fixed at $97 (including GST) which will be invoiced prior to re-activating the services requested, at which time, a new Proposal setting out any increased rates since the last Proposal may be issued to finalise the services.
7.7 Invoices for any Tiny Crowd products and services are automatically generated and can be requested at any time by emailing email@example.com.
7.8 When an invoice is rendered, it becomes due and payable in accordance with the date prescribed on that invoice.
7.9 Failure to make payment by the payment date may lead to suspension, or termination of the Site or our services in accordance with clause 19.
- You authorise us to debit your account periodically to ensure payments are made in accordance with your Proposal (periodic payment).
- You agree to ensure sufficient funds are available in your nominated account to meet each periodic payment and acknowledge that these Terms may be relied upon to enforce or reinstate any payments that are outstanding, cancelled or are otherwise in default to us.
- In the event, there are insufficient funds in your nominated account to meet the periodic payment, or where the periodic payment is in default, we reserve our right to charge you a fee (limited to the amount of $20, or which is no less than 15% of the periodic payment).
- In that event, you also authorise us to debit your nominated account within 3 business days of the initial default, for the periodic payment and any associated fee referred above.
7.11 If payment is not received in accordance with your Proposal’s Payment Structure, Tiny Crowd reserves the right to withhold delivery and transfer of ownership of any work. All grants of any license to use or transfer of ownership of any intellectual property rights from Tiny Crowd to you under these Terms are conditional upon receipt of payment in full which shall be inclusive of any and all outstanding additional costs, taxes, expenses and fees, charges or the costs of changes.
8) DISCOUNTS, PROMOTIONS AND OFFERS
8.1 From time to time, Tiny Crowd may offer the opportunity to purchase its products and services at a discounted or promotional price, subject to these terms.
9) PRODUCTS AND SERVICES DISCLAIMER
9.1 All of Tiny Crowd products and services are intended for general personal and business coaching, consulting, educating and training but also for the generation of business branding, creative and graphic design products and services for businesses and individuals. Our coaching and educational products and services are primarily in the form of online education and training modules, or otherwise as facilitated through video meetings, e-workshops and e-seminars from time to time, whereas our business branding, creative and graphic design services are generated according to proforma packages or customised work for you according as outlined by our online terms and conditions of use, and any proposal or contract entered into with us. Any template or pro-forma packaged bundle services, information, guidelines, forecasts and recommendations made by Tiny Crowd in relation to its products and services are made on the basis of information that was available to Tiny Crowd at the time.
9.2 Any timelines or delivery dates are provided by Tiny Crowd on an estimated basis only. Tiny Crowd makes no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond its control, such as the failure to provide or delay in provided information from you to us, and is not responsible for any delay in delivering its final products and services.
9.3 Nothing on our Online Store, or any of the content provided to you by us in the supply or in connection with our products and services, purports to offer any legal, financial, business, information technology or other professional advice. You acknowledge and agree that we are branding, creative and graphic design industry professionals first and foremost, and that we aim to teach skills and equip you with tools and templates for your own navigation, implementation, development and use within these disciplines, or otherwise as custom built and designed by us for you. Before acting on any recommendations and information you receive in connection with our products and services you acknowledge and agree to seek such other independent professional advice as required.
9.4 We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you. You also acknowledge and agree to hold Tiny Crowd harmless for any loss suffered as a result of our recommendations and information supplied in connection with our products and services and in accordance with this Online Store and further acknowledge and agree that the indemnities under clause 12 are considered reasonable.
9.5 Tiny Crowd is not a legal services provider and cannot provide any legal advice or business advisory services relative to the suitability of our products and services. You are solely responsible for determining whether our products and services are suitable for use in accordance with any laws and regulations that govern you, your employ within a business, and your employer’s industry.
10) RESULTS AND PROFITABILITY DISCLAIMER
10.1 Tiny Crowd’s products and services are educational, consultancy and coaching based only and the extent of any results to be attained by you whether for your own personal or professional development is dependent upon you solely.
10.2 Tiny Crowd provides online coaching and education, by supplying, courses, content, information, teaching skills, and providing support, guidance and tools for its clients and students, i.e., you, to set goals, determine priorities and achieve results, but any decisions made, and the consequences that flow from those decisions, is your sole responsibility. Your success depends on many factors, including your own commitment, dedication, desire, and motivation, your dissemination and application of our education and training modules to your own circumstances or to that of the business you are in the employ of, considering your own personal and professional development, or your employer’s capabilities, and the general economic climate.
10.3 Tiny Crowd cannot and does not make any guarantees about your ability to obtain personal or business results or improve business profitability in connection with our products and services, particularly arising from our online coaching, courses, education, content, training, ideas, information, publications, templates and tools. You acknowledge that there is inherent uncertainty in any personal and professional development, professional enterprise and revenue generating activity and agree there is no guarantee that personal and professional development, efficiency, productivity or profitability will improve or increase as a result of your use and supply of our products and services.
10.4 Any testimonials and examples of our products and services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results.
11) GENERAL DISCLAIMER
11.1 We offer a number of services and products on our Site from time to time.
11.2 You acknowledge and agree that each service or product offering may have different terms, prices and fees, as displayed on our Site or as contained in any contract entered into with you and us for those services.
11.3 Any timelines or delivery dates are provided by Tiny Crowd on an estimated basis only. Tiny Crowd makes no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond its control, and is not responsible for any delay in delivering its final products and services.
11.4 All pre-branding kits are not intended to provide bespoke or custom-made solutions. Our kits are delivered on a template basis that allows you to change the wording of your brand and the colour scheme, but will not include changes to the font, design or layout. All kits are delivered online according to the details supplied by you to us in our online form. You acknowledge and agree that timeframes will become extended where details are missing, or you delay provision of this form to us.
12) LIABILITY IS LIMITED
12.1 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.
12.2 In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, our products or our services.
12.3 These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
- Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
- Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
- Accessing websites or servers maintained by other organisations through links on our Site, Tiny Crowd Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.
- The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
13.1 You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damages (including but not limited to legal costs and disbursements on a full indemnity basis) whether incurred or suffered by you, or us, as a direct, or indirect consequence of using, or attempting to use our information, products, services, or for any breach of these Terms by you, or your agents.
13.2 We are not responsible, and expressly limit our liability to the extent permitted by law in accordance with clause 13 above, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site or by engaging with us for our products and services.
14) CLIENT DETAILS AND ACCESS TO SYSTEMS
14.1 As between yourself and Tiny Crowd, your log-in details, passwords and website back-end systems are and will remain your property (Client Details). You grant to Tiny Crowd a non-exclusive right to use and organise your Client Details in connection with your engagement of Tiny Crowd’s services.
14.2 We will take all reasonable measures to:
- preserve the integrity of, and prevent any material corruption or loss of;
- keep secure and prevent any unauthorised access to; and
- protect against viruses and malicious code
any of your Client Details that come into our power, possession or control through the course of providing our services.
14.3 You acknowledge that you have sole responsibility for the accuracy, integrity and reliability of your Client Details, and Tiny Crowd is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of your Client Details.
15) COPYRIGHT AND TRADE MARK NOTICES
15.1 All material on this Site, or otherwise delivered by us via our online membership services, including (but not limited to) templates, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
15.2 You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
15.3 The trade marks, logos, and service marks displayed on our Site to denote the Tiny Crowd brand are the registered or unregistered trade marks of Tiny Crowd (Tiny Crowd Marks). The Tiny Crowd Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to Tiny Crowd, in any manner that is likely to cause confusion with customers, or in any manner that disparages Tiny Crowd.
15.4 Nothing contained on this Site or in our Tiny Crowd should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Tiny Crowd Marks without our express written permission.
15.5 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Tiny Crowd will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
16) DISCLOSURE AND OWNERSHIP OF INTELLECTUAL PROPERTY
16.1 For the purposes of the paragraphs below, any trademarks, patents, copyrights, processes know-how, registered designs or other like rights or any right to apply for registration of any of the former will be referred to as ‘Intellectual Property’.
16.2 Unless otherwise expressly agreed, title does not pass to you until full payment of the services has been received (which shall be inclusive of any and all outstanding additional costs, taxes, expenses and fees, charges or the costs of changes). Until such time as full payment of the services has been received, Tiny Crowd owns all the underlying working files, including but not limited to PowerPoint files, PowerPoint Template files, PDF files, Illustrator EPS/AI files, InDesign INDD/IDML files, Photoshop PSD files, working diagrams, schematics, storyboards, Word document files, excel spreadsheets, Google Docs, Google Sheets, Google Slides, Keynote templates, video files and the following: .PPTX files, .PDF files, .JPEG files, .RAW files and .PNG files.
16.3 You grant to Tiny Crowd a perpetual, worldwide, non-exclusive and non-transferable licence to exercise the Intellectual Property, which survives the termination or expiry of this agreement.
16.4 You agree to indemnity Tiny Crowd fully against all liabilities, costs and expenses which Tiny Crowd may incur as a result of any breach of this clause by you, your directors, employees, affiliates, or authorized representatives.
17) LINKED WEBSITES, AFFILIATES OR SPONSORS
17.2 As affiliates of certain products and services we may also receive compensation for recommending, endorsing or promoting products and services as featured on our Online Store, via Tiny Crowd Community or in the course of delivering our products and services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those products and services which are not our own.
17.3 We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain products and services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored products and services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted products and services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.
18.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
19.1 We reserve the right to suspend, terminate your use of the Site, our products or our services generally if you breach these terms, as determined by us in our sole discretion.
19.2 Either party may terminate your use of our Site and/or services by providing to the other party a minimum of 21 days’ written notice, unless specified otherwise in any Terms or contract you have entered into with us.
19.3 If you terminate our services early (prior to your services being completed), you acknowledge and agree that the outstanding fees for those services are payable. Tiny Crowd will issue an invoice for all work accessed or completed (as the case may be) in the course of providing its services up to the time and date that written notice was given to Tiny Crowd that the services were cancelled.
19.4 Tiny Crowd is entitled to terminate this Agreement without notice should you become insolvent or an act of bankruptcy occur.
19.5 Should you decide to engage an alternative provider of services after termination of this agreement, then Tiny Crowd in its sole discretion may provide further services involved in the handover of any information and documentation to assist the transition to the new service provider at an hourly rate to be determined by Tiny Crowd.
19.6 If Tiny Crowd in its sole discretion agrees to provide handover services to you and/or the new service provider, you acknowledge and agree to pay for services upon receipt of invoice. Any handover services provided by Tiny Crowd may be ceased upon non-payment of any invoices.
20) NO ASSIGNMENT
20.1 You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without Tiny Crowd’s prior written consent.
20.2 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least four (4) calendar weeks.
21) DISPUTE RESOLUTION
21.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause 21.
21.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
21.3 In the case of claims against us, all notices are to be provided to firstname.lastname@example.org.
21.4 If the dispute is not resolved by agreement within five business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
21.5 Once a mediator is appointed, the parties agree that:
- The costs of the mediator shall be borne equally between the disputing parties.
- The chosen mediator shall determine the procedures for mediation.
- The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
21.6 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
21.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
22) APPLICABLE LAW
22.1 These Terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria, Australia to determine any matter or dispute which arises between us.
If you have questions or comments regarding this Site or Tiny Crowd products and services, please email us at email@example.com.
Company Name: Tiny Crowd Pty Ltd
ACN: 609 970 434