Terms and Conditions


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING ON OUR SITE. YOU SHOULD UNDERSTAND THAT BY REGISTERING ON OUR SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.


Information About Us

www.kapcher.co is owned and operated by Kapcher Pty Ltd (“Kapcher”). We are registered in Australia under ACN 169 830 844. Our office is located at 608 Harris Street Ultimo NSW 2007 Australia.

Your status

By registering our site, you warrant that:

  1. By registering our site, you warrant that: You are legally capable of entering into binding contracts;
  2. You are at least 18 years old;
  3. The dates provided by you are correct and complete.

When you register to use the site you will be asked to create a username and a password. In order to prevent fraud you must keep this username and password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you agree to notify us by contacting hello@kapcher.co immediately.

Kapcher Platform

  1. Kapcher has created a marketplace to connect Clients and Creatives using the Kapcher Platform. Kapcher is not a service company and does not provide services or manage individual Creative for their work, in any manner.
  2. The Kapcher Platform enables both Clients and Creatives to connect to one another. Clients post projects on Kapcher Platform. The project details shall include the scope and specification of the project. The project is valid on Kapcher Platform for 7 days. After 7 days, project will be automatically removed from the Platform.
  3. Clients have an option to pay a listing fee to extend the project on Kapcher Platform for another 7 days. There is no restriction on how many times Client can extend the project.
  4. Creatives can pay a fee to Kapcher to access Client's full project details.

Payment

  1. If you as either Client or Creative choose a direct payment gateway to complete a purchase, then our payment system with Stripe stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
  2. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Stripe’s Terms & Privacy Statement here.

Worker classification

Creative acknowledges that Kapcher does not, in any way, supervise, direct, or control Creative’s work or services performed in any manner. Kapcher does not set Creative’s work hours and location of work. Kapcher will not provide Creative with training or any equipment, labor or materials needed for a particular project.

A Creative classified as independent contractor is free at all times to provide Services to persons or businesses other than the Client, including any competitor of the Client.

Clients and Creatives expressly acknowledge, agree and understand that:

  1. Kapcher Platform is merely a venue where Clients and Creatives may cooperate together;
  2. Kapcher is not a party to any Service Agreement between Clients and Creatives;
  3. Clients and Creatives recognize, acknowledge and agree that Clients and Creatives are not employees of Kapcher and that Kapcher does not, in any way, supervise, direct, or control Work or services;
  4. Kapcher shall not have any liability or obligations under or related to Service Agreement or any acts or omissions by Clients and Creatives;
  5. Kapcher has no control over Creatives or over the Work promised or rendered by Creatives; and,
  6. Kapcher makes no representations as to the reliability, capability, or qualifications of any Creative or the quality, security or legality of any Work, and Kapcher disclaims any and all liability relating thereto.

Expectations

Kapcher expects a consistent and high level of courtesy, respect and professionalism from all of its Clients and Creatives toward each other. Clients and Creatives agree to use good judgment when posting information, comments, or other content regarding other Clients and Creatives, Kapcher or any third party anywhere within the Kapcher Platform. Clients and Creatives may be held legally responsible for damages suffered by other Clients and Creatives, Kapcher or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Kapcher Platform. All Clients and Creatives are to comply with all laws applicable to them or to their activities, and with all posted Kapcher Policies, which are hereby incorporated into this Agreement by reference. These policies may be modified from time to time at Kapcher’s discretion, and the currently effective policies will be deemed to be part of this Agreement.

When submitting any content to or otherwise using the Kapcher Platform, you agree not to post or transmit to or from the Kapcher Platform:

  1. any unlawful, hateful, racially or ethnically offensive, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;
  2. any material or content that infringes, misappropriates or violates any third party rights, including but not limited to copyright, trademark, patent right or other proprietary right of any third party;
  3. any falsehoods or misrepresentations that could damage us, our users or any third party;
  4. any private information concerning another person, without their permission;
  5. anything which impersonates another person or represents yourself as affiliated with us, our staff or other industry professionals;
  6. anything which solicits a user's password or other account information;
  7. anything which harvests user names, addresses, or email addresses for any purpose; and
  8. any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems.

You will not access (or attempt to access) the Kapcher Platform by any means other than the interface provided, and you will not use information from the Kapcher Platform for any purpose other than the purpose for which it was made available. You will not engage in any activity that interferes with or disrupts the functioning of the Kapcher Platform. You will not upload or attach an invalid or malicious or unknown file. You will not insert any external links that may be malicious or unknown to you, or used for offering any goods or services other than Services.

You do further hereby agree to use the Kapcher Platform for lawful purposes only, and not for any immoral or harmful activities. You agree that you will not do any of the following while using or accessing the Kapcher Platform:

  1. attempt to access or search the Kapcher Platform or download content from the Kapcher Platform through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers;
  2. access, tamper with, or use non-public areas of the Kapcher Platform, our computer systems, or the technical delivery systems of our providers;
  3. gather and use information, such as other users’ names, real names, email addresses, available through the Kapcher Platform to transmit any unsolicited advertising, junk mail, spam or other form of solicitation;
  4. advocate, encourage, or assist any other individual to doing any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.

Kapcher is not legally responsible for any remarks, information or other content posted or made available on the Kapcher Platform by any Client or Creative or third party, even if such information or content is defamatory or otherwise legally actionable. Kapcher is not legally responsible for any negative outcome of the relationship between Clients and Creatives. Kapcher is not responsible for and does not monitor or censor content for accuracy or reliability. However, Kapcher reserves the right to remove or restrict access to any information or content posted or made available on the Kapcher Platform if ordered to do so by a government authority or if Kapcher considers such information or content to be in violation of this Agreement, or to be unlawful, immoral or harmful.

Enforcement of User Agreement and Policies

Kapcher has the right, but not the obligation, to suspend or cancel your access to the Kapcher Platform if it believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or violated our rights or those of another party. Without limiting Kapcher’s other remedies, we may suspend or terminate your account, use self-help in connection with our rights to reclaim any available funds, and refuse to provide any further access to the Kapcher Platform to you if:

  1. you breach any terms and conditions of this Agreement or other written policies and procedures posted on the Site;
  2. we are unable to verify or authenticate any information you provide to us; or
  3. we believe that your actions may cause legal liability for you, our Clients and Creatives or for Kapcher.

Once suspended or terminated, you MAY NOT continue to use the Kapcher Platform under a different account or reregister under a new account. If you attempt to use the Kapcher Platform under a different account, we reserve the right to reclaim available funds in that account and/or use an available payment methods to pay for any amounts outstanding.

In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. When your Client or Creative account is cancelled, you may no longer have access to any parts of the Kapcher Platform, including data, messages, files and other material you keep on Kapcher. All intellectual property provided by Clients for the purposes of completing projects will be returned by Creatives immediately upon termination.

Proprietary Rights

Kapcher and its licensors reserve all Proprietary Rights in and to the Kapcher Platform and Kapcher. Clients and Creatives may not use the Kapcher Platform except as necessary for the purposes of discharging its obligations under this Agreement and any Service Contract entered into pursuant to this Agreement and on the terms set out in the Service Contract. Kapcher reserves the right to withdraw, expand and otherwise change the Kapcher Platform at any time in Kapcher’s sole discretion. Clients and Creatives shall not be entitled to create any “links” to the Kapcher Platform, or “frame” or “mirror” any content contained on, or accessible through, the Kapcher Platform, on any other server or internet-based device. Kapcher alone (and its licensors, where applicable) shall own all right, title and interest, including all related Proprietary Rights, in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Kapcher Platform and Kapcher. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Kapcher Platform and Kapcher, or any Proprietary Rights owned by Kapcher. Kapcher’s name, logo, and the product names associated with Kapcher or the Kapcher Platform are trademarks of Kapcher or third parties, and no right or license is granted to use them.

Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Our right to vary these terms and conditions

  1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
  2. You will be subject to the policies and terms and conditions in force at the time that enter a contract in respect of a Project, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before the Project is completed (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of notification of the change to the terms and conditions).

Law and jurisdiction

The Services offered by Kapcher are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia. This agreement is governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This agreement shall be binding to the benefit of the parties hereto and their successors and assigns.

Questions? Please contact us at hello@kapcher.co