Terms of Service

Welcome to SydneyBuy by Tramartt.

The following terms of service (these “Terms of Service”), govern your access to and use of the SydneyBuy website, including any content, functionality and services offered on or through www.sydneybuy.com (the “Site”) by Tramartt Group Pty Ltd. and, with respect to payment processing services by a third party service provider, Paypal.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

Important terms

“Account” means the account associated with your email address.

“User”“you” or “your” means an individual who visits or uses the Website, including via the API.

“Buyer” means a User that purchases Seller Services or items from Sellers or identifies a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.

“Seller” means a User that offers and provides services or identifies as a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.

“Seller Services” means all services provided by a Seller.

Overview

  • Only registered users may buy and sell on SydneyBuy. Registration is free.
  • Orders are purchased through the Order button or through a Custom Offer.
  • Users may not offer or accept payments using any method other than placing an order through sydneybuy.com.
  • Tramartt retains the right to use all published delivered works for marketing and promotion purposes.
  • Users undertake to comply with tramartt rules in addition to these Terms of Service, as updated from time to time.
  • SydneyBuy by Tramartt offers its users the Logo Maker, which allows certain Sellers to offer various original logo designs for Buyers to adjust and customize per their own specific needs, using special automated design tools. Through the Logo Maker, Buyers purchase full commercial use rights to the Logo Design embedded with their brand name.

SELLERS

Basics

    • Sellers create their own services on Sydneybuy to allow Buyers to purchase.
    • Sydneybuy accredits Sellers once an order is completed.
    • If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s Balance.
    • Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete.
    • Sellers may not promote their services and any Sydneybuy content via the Google Ads platform.
    • Sellers may withdraw their revenues using one of Sydneybuy’s withdrawal options.
    • The Seller’s rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels (see Levels below).
    • For security concerns, Sydneybuy may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple Tramartt accounts to a single withdrawal provider.
    • Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction.
    • Sydneybuy by Tramartt partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Sydneybuy Balances.
    • Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

About the Content of Services

Users may be removed by Sydneybuy from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:

    • Illegal or Fraudulent services
    • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service.
    • Adult oriented services, Pornographic, Inappropriate/Obscene
    • Intentional copies of other user’s services.
    • Spam, nonsense, or violent or deceptive services.
    • Content misleading to Buyers or others
    • Reselling of regulated goods
    • Offering to prepare academic works on behalf of Buyers
    • Services that extend beyond 30 days of service duration Contents that are removed for violations mentioned above, may result in the suspension of the Seller’s account.

Levels

Sydneybuy is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Sydneybuy may reward them with new statuses, special opportunities, benefits, and tools that come with it.

Seller Features

Sydneybuy Sellers have access to several exclusive features that help customize the way their services can be offered.

Custom Offer

  • Sellers can also send Custom Offers addressing specific requirements of a Buyer.
  • Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
  • Custom Offers are sent from the conversation page.
  • Services provided through Custom Offers may not violate Sydneybuy or Tramartt’s Terms of Service and/or our Community Standards.
  • Sellers are required to deliver proof of completion of services in the Order Page. Please see our Orders section for further details.
  • Communication for handling Orders should be performed on Sydneybuy, through the Order Page. Users who engage and communicate off of Sydneybuy will not be protected by our Terms of Service.

Shipping Physical Deliverables

Some of the services or products on Sydneybuy are delivered physically. For these services or products, Sellers are responsible for their delivery and may decide to add shipping charges. Sydneybuy does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.

Withdrawing Revenues

  • To withdraw your revenue, you must have an account with at least one of Sydneybuy’s Payment Service Providers for the withdrawal methods. All funds eligible for Withdrawal will be held on your behalf at an account with Sydneybuy’s Payment Services Provider. All payment services, including withdrawal services will be provided by Sydneybuy or Tramartt’s Payment Services Provider.
  • Your Sydneybuy profile can be associated with only one account from each Tramartt withdrawal methods. A Payment Service Provider withdrawal account can be associated with only one Sydneybuy profile.
  • Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
  • To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
  • Withdrawals can only be made in the amount available to you.
  • Withdrawal fees vary depending on the withdrawal method.
  • Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
  • In certain cases, Sellers may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by Tramartt’s Payment Services Providers.

BUYERS

Basics

  • You may not offer direct payments to Sellers using payment systems outside of the Sydneybuy platform.
  • Tramartt retains the right to use all publicly published delivered works for Sydneybuy marketing and promotional purposes.

Purchasing

  • Buyers pay Sydneybuy by Tramartt to create an order from a Seller’s service page or Custom Offer, using the Order Now button or through the Logo Maker. Tramartt partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Tramartt Balances.
  • Tramartt serves as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Tramartt (or its Payment Services Provider, as applicable), and Tramartt (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Tramartt (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Tramartt and not the Buyer directly.
  • In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site.
  • In most locations, purchases on Sydneybuy can be made by using one of the following payment methods: Credit Card, PayPal, Sydneybuy Credits or existing Sydneybuy Balance.
  • Service fees are added at the time of purchase where a Buyer can review and accept the total amount requested to pay. These fees cover administrative fees.
  • Your existing Sydneybuy Balance will be automatically applied to your next purchase.
  • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information in connection with withdrawals is collected by either Sydneybuy or Tramartt’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for proposes of processing withdrawal payments.
  • By using any payment method and/or providing payment details for making purchases on Sydneybuy, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Sydneybuy; and (d) such actions do not violate any applicable law.

Local Currencies

  • Buyers may pay on sydneybuy in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments and withdrawals in local currencies are performed by Tramartt’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.
  • Buyers should note that all prices on Sydneybuy are derived always from their original US$ price and, therefore, non-US$ currency prices may change daily in accordance with exchange rates fluctuations and may also include conversion fees. Buyers always have the option to pay in US$ by changing their selected displayed currency.
  • Your Sydneybuy Balance is always valued in AU$, even if it is displayed in a non-AU$ currency.

Taxes

  • Buyers may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law, in addition to the price shown on the site, and, in any event, any such taxes will always be displayed to the Buyer before payment.
  • Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.

ORDERS

Basics

  • Once payment is confirmed, your order will be created and given a unique order number (#FO).
  • Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their services.
  • An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.

Handling Orders

  • When a Buyer orders a service, the Seller is notified by email as well as notifications on the site while logged into the account.
  • Sellers are required to meet the delivery time they specified when creating their services. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller’s status.
  • Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.
  • Users are responsible for scanning all transferred files for viruses and malware. Sydneybuy or Tramartt will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

Reviews

  • Feedback reviews provided by Buyers while completing an Order are an essential part of Sydneybuy’s rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
  • Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.

Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Tramartt’s Customer Support department for assistance.

Basics

  • If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s Sydneybuy Balance.
  • Revisions to deliveries can be performed by Sellers based on the Seller’s service and customer care. Sellers may determine the amount of revisions offered to Buyers, including no revisions.
  • Requests for revisions can be performed through the Order Page while the order is marked as Delivered.

Order Cancellations

  • Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially cancelled (i.e. we can only cancel the entire order when it is justified).
  • Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the service Page. Buyers may rate their experience with the Seller on the Order Page, including the overall level of service quality received.
  • Sydneybuy or Tramartt Customer Support will cancel orders based on, but not limited to, the following reasons:
    • Active Orders
      • The Seller is late and unresponsive for more than 24 hours while the order is marked as Late.
    • Delivered Orders (after the Seller clicks Deliver Now and before the order is marked as complete)
      • The Seller delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
      • The Seller requests additional payments, by withholding the final delivery of services directly related to the agreed requirements.
      • The Seller is withholding the final delivery of services for improved ratings.
      • Buyers who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
      • Buyers who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.
    • Completed Orders (after the order is marked as complete and before the 14 day limitation)
      • Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
      • Buyers who did not purchase commercial use rights and are reported to have used the materials commercially.
      • Customer Support will review cases of Order delivery manipulation that prevents Buyers and Sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.

Refunds

  • Sydneybuy does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s Sydneybuy Balance and are available for future purchases on the site.
  • Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.

User Conduct and Protection

Sydneybuy is an open platform. Sydneybuy enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value.

Sydneybuy and Tramartt maintains a friendly, community spirited, and professional environment.

To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Sydneybuy in order to circumvent or abuse the Sydneybuy messaging system or platform is not permitted.

Sydneybuy does not provide protection for users who interact outside of the Sydneybuy platform. All information and file exchanges must be performed exclusively on Sydneybuy or Tramartt’s platform.

Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.

Reporting Violations

If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.

Intellectual Property Claims

It is Tramartt’s policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via this link on our Website and we will investigate.

Tramartt will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.

When purchasing a Sydneybuy or Tramartt service, unless clearly stated otherwise on the Seller’s description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act.

Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Buyer.

Abuse and Spam

To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Sydneybuy or Tramartt community will be disabled. Mass account creation may result in disabling of all related accounts.

Selling Accounts

You may not buy or sell Sydneybuy or Tramartt accounts.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TRAMARTTT  NOR ANY PERSON ASSOCIATED WITH SYDNEYBUY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Automatic Translation

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.

Limitation on Liability

IN NO EVENT WILL TRAMARTT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, TRAMARTT AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Updated on 18/03/2020