Terms of service
Hey there, welcome to our freelance creative service community platform. We’re Chimoo Pty Ltd trading as Pixecart (ABN 93 610 139 136) of Albany Creek Queensland, Australia (‘Pixecart’) This agreement explains the terms and conditions you must agree to in order to buy or offer services on the Pixecart platform. We have created this guide to ensure we are completely transparent with our website users and can build a safe online community.
Wherever we refer to the ‘Site’ in this agreement, we refer to the Pixecart platform that can be found at https://pixecart.com. When we use the term ‘Pixecart’, ‘we’ or ‘us’, it reflects our ownership of the brand and the fact that we own and maintain the Pixecart website.
Every visitor to our site must comply with our user terms (including our Community Guidelines), regardless of whether or not they are a Pixecart member. The terms represent an agreement between Pixecart and our users. Site visitors must follow our user terms as soon as they enter the Pixecart site, therefore we require you read and understand them. If you do not accept our user terms, we must respectfully ask you to leave our site. Any site usage that contradicts our terms is unauthorised.
Browsing and buying services
- You must be at least 16 years of age to use the Pixecart site. We will not knowingly collect any personal information from any person under 16. If you are looking to buy or offer services, or make use of our other site offerings, you must be 18 years of age or older and sign up to become a member. Becoming a member is free of charge and we refer to members who purchase services as ‘buyers’. Those who offer services, are referred to as ‘service providers’ (note that service providers are subject to additional terms). When referring to ‘you’ throughout these user terms, we are referring to anyone who makes use of the Pixecart site, including both service providers and buyers. See our FAQ page for more info about this.
Before you make a purchase
- It is the buyer’s responsibility to select and purchase services that meet their needs and must fully consider factors such as scope, turnaround time, and the number of revisions available. Buyers must also provide the service provider they choose with a full brief for every job, ensuring that it is comprehensive and clear. A service provider is a freelance worker who sells their services on the Pixecart platform.
- Service providers agree to provide services to their buyers by entering into a direct agreement with them known as the ‘services agreement’. It is the responsibility of both parties to understand the terms of this agreement, in which we use the word ‘job’ to refer to the offerings that a service provider agrees to fulfil.
- Pixecart is not part of any service agreements that you enter into with other members of the platform. No joint venture exists between us or any individual member and we are not a re-supplier of services already offered by service providers. Service providers are independent contractors and are not partners, employees, agents or sub-contractors of Pixecart. We simply provide the site, not the services offered on it. As a service provider or buyer, it is imperative that you fully understand the services agreement as it represents a contract that you agree to each and every time you buy or offer a job.
Payments, prices, and taxes
- Prices for services advertised on Pixecart are set by service providers only and reflect their own notions of fair pricing. These prices may change, or services may be removed without notice. Once a job has commenced, the price cannot be changed.
- All prices are clearly stated in US dollars (US $) and you are responsible for paying any costs associated with bank charges and/or currency conversions.
- Buyers may pay for services using one of the several payment methods offered by Pixecart. Once payment has been made, you will be issued a job ID and receipt. Please be assured that we will retain any payments until the job has reached a conclusion and been closed.
- For a job to be closed, each of the following steps needs to take place:
– The service provider must state that they have fulfilled their duties, submitting content to the buyer that is ready to be assessed and approved.
– The buyer confirms that the job meets their expectations.
– The service provider finishes the job by offering ‘materials’ to the buyer (known as ‘job completion’)
– Seven days elapse from the time of the job being completed, without a dispute being logged.
– If a dispute has been raised, the resolution process is finalised, and approval gained.
- Prices stated for services cover all forms of indirect tax such as VAT, GST and sales tax. Service providers are responsible for offering tax invoices to buyers upon request.
- A fixed percentage of the payment that service providers receive per job goes towards Pixecart in what is known as a ‘platform fee’. This revenue is used to run and maintain our online platform to ensure we can continue to provide and offer a pleasant user experience for buyers and service providers. It is very important that Pixecart users fully understand the job completion process – please take the time to review this section carefully and in full, you can contact our team if you would like anything to be clarified.
Facilitating safe and fair transactions through the dispute resolution process
- All our members may make use of our free dispute resolution service if they have any disagreements with a service provider or buyer. Disputes can be raised at any point up to seven days after a job has been completed. We will investigate every dispute thoroughly, endeavouring to make fair decisions and taking any necessary action to resolve the dispute. This could include, for example, releasing content and making payments/part-payments.
- Buyers may use the seven-day window after job completion to ensure that they have received all the content they ordered via the services agreement. It is the buyers’ responsibility to ensure their brief has been fully addressed before the closure of a job. A dispute cannot be raised once the seven-day period has passed.
- If a dispute is raised either by a buyer or their service provider before the closure of a job, we will retain the payment until the dispute resolution has been finalised. After that we will allocate the necessary funds according to our decision regarding the dispute.
- The dispute resolution service can only be used for transactions and communications made on the Pixecart site. If your dispute involves external communications or services, we may be unable to consider it during the resolution process. If you refuse to provide us with adequate information, refuse to answer our questions, or refuse to engage in the process of dispute resolution, we reserve the right to resolve a dispute in favour of the member with whom you disagree.
- If a dispute is resolved in favour of the buyer, repayment will be directed through the original payment channel.
- We are not liable for the outcome of any individual dispute resolution process. For more information on how we resolve disputes and to view examples of the process, please see our FAQs page.
Members’ responsibilities to Pixecart and its community of members
- By using this site, you are making a promise to us and to our community of members. These include promises that:
– All information you pass to us is accurate and true.
– You will update your account information as and when necessary, taking extra care to update your email address.
– You are 18 years of age or older.
– The details of your membership such as your login password are kept safe and remain confidential.
– If it comes to your attention that your account has been breached, you will let us know as soon as possible.
– You are to be held responsible for any activities conducted on our site through your user profile.
– You will represent yourself on our site in a way that is accurate and does not deliberately mislead others.
– You are not on a list of sanctioned persons and are not located in a country currently placed under sanctions.
– You will not use funds sourced from sanctioned countries to purchase services or items on Pixecart.
– You will not use a virtual private network (VPN) or another form of covert technology to avoid complying with these terms, or for any fraudulent or illegal reasons.
– You will communicate with us and our community of members politely and respectfully.
– You will not breach any of these user terms or any service agreements into which you enter.
– You will cooperate fully with the dispute resolution process if necessary.
– You will adhere to any other Pixecart rules such as our community rules.
Our intellectual property
- We claim ownership of all content that we have uploaded to our site unless stated otherwise. This includes aspects such as the look, feel, design, and structure of the website, as well as all relevant trademarks, copyright, logos, trade names, and all other forms of intellectual property.
- You must not copy, modify, distribute or plagiarise any of our content or use our intellectual property in a way that contradicts the terms laid out here unless otherwise stipulated in the law.
- You agree not to:
– Impersonate other people, use false email addresses, or misrepresent yourself and your affiliations.
– Try to secure unauthorised access to content or computer systems through our site.
– Attempt to contact other members of our platform with the intention of arranging a private arrangement that could otherwise be made on Pixecart.
– Make your personal contact information public on our site or offer them to others via our communications system. This includes your home address, email address, phone number, or Skype account name. Social media handles, however, are acceptable and can be shared.
– Conduct automatic data-gathering processes (such as email address harvesting or database scraping) via our site.
– Attempt to disrupt the smooth running of our site in any way (this includes for example, flooding our servers or introducing a virus, trojan horse, worm, time bomb or cancelbot).
– Use the site for any illegal ends. For example, you must not violate intellectual property laws or use content in a way that is offensive, defamatory, misleading, or fraudulent.
– Disclose any personal information about another member of Pixecart that may reasonably be considered confidential.
– Attempt to reproduce, publish, copy, distribute, modify, display, plagiarise, transfer, or sell any of the software, products, information or services you have obtained through Pixecart unless such actions relate to your rights stipulated in these terms or under a relevant services agreement.
Privacy and personal information
- The Pixecart platform is available at all times of the day, seven days a week. However, there will be times when we need to conduct maintenance work, fix technical issues, or suspend site access, meaning users will not be able to access their accounts. Where possible, we will always try to give members ample warning of any interruptions and make site suspensions as short as possible. Please note, however, that unfortunately, we do not always have control over the availability of certain services.
- We care about our customers, so here is our responsibility to you, the Pixecart member:
We provide only the use of our platform, not the services available on it. We are solely responsible for:
– How we use the site.
– The content, messages, services, or other information we communicate via the site.
– Our breach of intellectual property rights belonging to others.
– Our infringement of these user terms.
– Our contravention of additional service provider terms.
– Our infringement of any relevant industry regulation or law.
- Here is your responsibility to us as your platform provider:
You are solely responsible and liable for:
– How you use the site.
– Any services you offer or buy on our platform.
– Any content, information, materials, or services that you send and communicate via our site.
– Your infringement of any intellectual property rights.
– Your contravention of the user terms laid out here.
– Your breach of any relevant services agreement or additional terms set out by a service provider.
– Your infringement of any relevant industry regulation or law. We accept no responsibility for any individual in relation to liabilities, expenses, claims, legal fees or costs that arise from any of the issues stated in this clause. You agree to indemnify us, including all employees and agents, from such claims. We claim the right to assume exclusive control over issues otherwise subject to your indemnification, at our own cost. If such an issue arises, you will agree to help us with the defence of the claim. In this way, you protect us from any claims that occur due to your activities on our site. We have created all of our policies in order to protect our website users as much as possible.
- Before using our site, you should assess whether it suits your requirements. Everything we provide to members on our site is offered without warranties and we cannot promise that our content or site access will be error-free or free of interruptions. Although we wish we could, we cannot assure that errors will be corrected or that our site will always be free from viruses or other malignant technologies. We cannot promise constant access to our site and we are not liable for any losses incurred by site users as a result of issues surrounding site availability.
- We only allow service providers to use our platform after assessing examples of their previous offerings. However, it is the responsibility of the buyer to decide whether individual service providers meet their personal requirements. We do not formally endorse any individual service provider or their service. We do not claim control over any member’s business or the quality of their offerings, and we are not responsible for any business transaction you engage in with another member. If you are dissatisfied with the quality of a service provider’s work or service, or with a buyer’s conduct, please refer to our dispute resolution process. We do not provide any form of insurance for members as we do not provide the services offered on our site. As we do not provide insurance, we cannot assure that the site will always run smoothly.
Claiming refunds and warranties
- Depending on your jurisdiction, your activity on our site may be subject to fair-trading or consumer laws that bestow rights on you that we are unable to modify, restrict or exclude. We are bound only to the explicit promises written into these user terms and do not accept responsibility for implied promises not stated here.
- Unless stated in a non-excludable law, we do not accept liability for indirect or incidental damages (including lost revenue or profits) that arise as a consequence of using our site. This extends to damages incurred due to being unable to use or access the site. Our liability for the infringement of applied warranties is limited to supplying our sites services again.
- If a buyer requests a refund for a job that has been agreed and accepted but not yet closed, they must raise a dispute on our website so we can assess the situation. After a job has closed, the buyer cannot apply for a refund unless a non-excludable law allows them to. If such law applies, the buyer must reach out to our Support Team who will be happy to assist. We will assess disputes fairly, taking into account the quality of the materials and the nature of the communications passed between the service provider and buyer throughout the transaction negotiations. If once the job has closed, the service provider deletes their membership or cannot be contacted, the buyer does not have grounds to request a refund. The following situations are not adequate grounds for reimbursement:
– The buyer changes their mind about the services provided.
– The buyer purchased the services by mistake.
– The buyer is unable to use the materials purchased due to a lack of technical expertise (unless, of course, the materials provided do not fit the original brief).
– The buyer requests goodwill on the service provider’s behalf.
Our rights regarding these terms and termination/modification of content
- We may change the user terms stated here at any time. However, we will take every reasonable step to inform you if we choose to do so.
- We reserve the right to remove your content for any reason we deem appropriate. Potential reasons for doing so include to ensure high-quality services, to settle disputes, to eliminate incorrect, harmful, or offensive content, to avoid infringement of the DMCA, or to avoid any issues that may result in liability for us as a company or for other members of our site. We reserve the right to investigate any job posted on our platform and to allocate or freeze funds.
- You do not have an automatic right to Pixecart membership. Members of our community must follow our policies and terms and treat other users of our platform with respect. Ideally, we would like all our members to stay with us for the long-term and help us build the Pixecart community. However, we reserve the right to withdraw a person’s membership if we deem that they have breached our policies. We may terminate or suspend a person’s membership with immediate effect if they:
– Contravene any user terms or additional terms set out by service providers.
– Breach any Pixecart policies.
– Cause Pixecart or any of its members harm or distress.
– Act in ways that breach our community values. In the unlikely event that we permanently terminate your Pixecart membership, you must not apply for a new account. If you do, we will not accept it. We reserve the right to investigate any service or job posted on our platform to ensure that it is being used in a way that abides by our rules.
Instances when dispute resolution is not applicable
- Please note that our dispute resolution measures do not represent a legal process and that we are unable to offer legal advice to service users. Taking advantage of our dispute resolution process does not mean that any of your rights are taken away and you may seek out external legal advice at any point.
- Although your legal rights remain in place throughout any dispute resolution, we may cancel or suspend the membership of users who we deem to use the resolution process in an unfair or malign fashion.
- We encourage users to take advantage of our dispute resolution process before attempting other methods to resolve issues or disputes. We are here to help you. Please note that we cannot commence the dispute resolution process if a buyer issues a chargeback through their payment provider which has not yet been finalised. To avoid confusion, only one dispute can be in progress at any one time.
- Please note that we run Pixecart from our Australian offices in Queensland, meaning that the laws of this region govern our user terms. By using our platform, you submit to the jurisdiction of Queensland courts. Any notice that you wish to provide us must be sent via email.
- The user terms set out here apply at all times whilst you are using our site. When you are no longer a member of Pixecart and no longer access our site, the user terms will no longer apply to you.
- Please note, however, that clauses 26, 28, 29, 30, 32, 33, 34, 40, 41 and 42 will continue to affect you and Pixecart users after these terms end as they relate to enduring obligations and promises.
- We cannot provide legal advice on our site. Please carefully read these user terms, any relevant service agreements between service providers and buyers and, if you provide services, the additional service provider terms.
Contact Pixecart today if you have any questions
From time to time, to ensure we are offering the best service possible to our users, we may make changes to our terms of service guide. When we do so, we will take all necessary steps to ensure we keep our users updated with the changes we have made. The date below will indicate when our terms of service was last changed.
If you have any questions or queries about our terms of service, do not hesitate to get in touch with us today. You can contact us here.
Pixecart Terms Of Service Guide, updated date 9th May 2022.
Chimoo Pty Ltd, trading as Pixecart