Terms and conditions
1. About the Website
1.1. Welcome to abrasileira.club (the 'Website'). The Website facilitates interactions between:
(a) Buyer (the 'Receiver'); and
(b) Vendor (the 'Provider'),
making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the 'Services').
1.2. The Website is operated by À BRASILEIRA PTY LTD (ABN 33 635225857) . Access to and use of the Website, or any of its associated products or Services, is provided by À BRASILEIRA. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
1.3. À BRASILEIRA reserves the right to review and change any of the Terms by updating this page at its sole discretion. When À BRASILEIRA updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by À BRASILEIRA in the user interface.
3. The Services
3.1. In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the 'Account').
3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Mailing address
3.3. You warrant that any information you give to À BRASILEIRA in the course of completing the registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with À BRASILEIRA; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify À BRASILEIRA of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
(h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of À BRASILEIRA;
(j) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by À BRASILEIRA for any illegal or unauthorised use of the Website; and
(l) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Using the Website as the Receiver
5.1. As a receiver (buyer), you:
(a) will be able to search for products and services offered within the platform.
(b) will be able to purchase products or services directly from Provider’s using the Stripe payment gateway as the intermediator. À Brasileira is not involved in the payment transaction between you and the Provider.
(c) will be able to liaise with the Provider by using the ‘contact vendor’ feature within the platform for any enquiries related to the product or service offered
(d) will be able to liaise directly with the Provider regarding refund or exchange of a product, assuming the Receiver has read and agreed to the Provider’s specified terms and conditions prior to purchase.
(e) will be able to liaise directly with the Provider regarding cancellation of a purchased service assuming the Receiver has read and agreed to the Provider’s specified terms and conditions prior to purchase.
(f) understand that Providers are solely responsible for honouring the fulfilment of the service or product purchased.
6. Using the Website as the Provider
6.1. As a Provider (vendor), you:
(a) understand and agree that your success within À Brasileira depends solely on your own efforts to sell your services or products.
(b) acknowledge that you are not an employee of À Brasileira and that you will use the platform as a sales channel for your products or services.
(c) understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, licences and tax obligations that may apply to providing services or products on your specific industries.
(d) will not post false information, including, without limitation, in respect of a service, product, company, or your own credentials.
(e) will liaise with the Receiver by using the ‘contact vendor’ feature within the platform for any enquiries related to the product or service offered
(f) will liaise directly with the Receiver regarding refund or exchange of a product, assuming the Receiver has read and agreed to your specified terms and conditions prior to purchase.
(g) will liaise directly with the Receiver regarding cancellation of a purchased service assuming the Receiver has read and agreed to your specified terms and conditions prior to purchase.
(h) understand that is your obligation to complete fulfilment of the service or product purchased within the timeframe agreed under the terms and condition, published at the time of purchase.
(i) agree to only upload images that follows the À BRASILEIRA image guideline. All providers understand that uploading images which are too large will slow down the website. À BRASILEIRA will be checking the provider’s images on an on-going basis. If the provider’s store doesn’t comply with the guidelines, À BRASILEIRA has the rights to inactivate the store. One warning notification will be sent 7 days prior to the inactivation, to give the provider time to fix the images issues..
(j) agree to follow the standard text formatting for the motivation block located on the product detail page. À BRASILEIRA has the rights to change this formatting without a warning.
(k) agree to not add any external link to your store except on the provider’s profile page where it is allowed to add your website URL and social media links.
(l) agree to only select the categories that directly describe your products or services. À Brasileira has the rights to update the category selection made by the Provider without a warning.
(m) The user can contact the Provider through the platform (contact vendor feature) if further communication is required. Therefore, phone numbers will not be allowed in the Product Detail Page (all the current numbers will be removed by the 30th April 2020) Therefore, the phone number will be displayed only on the Provider’s profile page. All providers offering a service which requires booking should use the check availability feature to improve customer experience with their store.
(n) À Brasileira uses a Facebook Group called Clube À Brasileira as the information hub for all vendors. À Brasileira understands the provider has joined the group and has access to the video tutorials, events agenda, business guidelines, notifications and updates about À Brasileira as well as any additional information we might think will help the Providers to thrive.
(o) are responsible to whitelist the abrasileira.club domain within your email to ensure you are receiving the email notifications sent by the Platform.
(q) Providers are entitled to have their own specific T&C, Refund and Delivery Policy as long as they comply with À BRASILEIRA terms and conditions.
7.1. By À BRASILEIRA offering the Services to you, you agree that:
(a) the use of the À Brasileira platform as a Receiver is free of charge. However, the use of the platform as a Provider is dependent on the plan selected. The charge for each plan may include, but are not limited to, a subscription fee, a transaction fee and payment processing fees. (The plan options and respective details can be found on the Provider’s plan page). Provider’s accounts will only be activated once the invoice payment is processed. This is a manual process and may take up to 7 working days to be completed. À Brasileira has the right to deny any request to join the platform. In this case, a reason will be provided by email as a courtesy.
(b) À Brasileira available plans are paid either monthly or annually. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. À Brasileira will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and À Brasileira will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in AUD dollars, and all payments shall be in AUD currency.
(c) Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at À Brasileira’s discretion. Providers have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
(d) If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, À Brasileira reserves the right to terminate your Account.
(e) The renewal for Providers who signed up for a paid membership prior 5th May 2020 is not processed automatically at the end of the year. Therefore, these Providers will have to pay it again prior to the end of the 12 months. If payment is not made, the account will be automatically locked until the payment is made.
(f) Providers who signed up for the monthly or annual membership must give 30 days cancellation notice in order to have the following scheduled payment cancelled.
(g) À Brasileira do not offer refund for cancellations prior to the end of the contract.
7.2. All payments made in the course of your use of the Services are made using Stripe Payment gateway. In using the Website, its Services or upon making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
7.3 All main credit cards are accepted—Visa, MasterCard, American Express, Discover, JCB, and many others. The payment gateway supports payments in 135+ currencies. Currency conversion is included—Receivers pay in their native currency, Provides receive funds in theirs.
7.4Providers can use Standard Stripe accounts. When a Receiver pays for an order that consists of products from different Providers in one cart, Stripe Connect automatically splits the payment between the Providers, transferring the commission to À Brasileira, according to the Provider’s plan selected.
7.5The money is transferred straight from the Receiver to the Provider without any deposits on the À Brasileira side.
7.6Every transaction is charged with additional Stripe fee (payment processing fee). The Provider is responsible for the cost of Stripe fees, refunds, and chargebacks.
8. Refund Policy
8.1. À BRASILEIRA operates only as a facilitator in introducing the Receiver to the Provider and providing a system to make a safe transaction. À BRASILEIRA does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.
8.2. Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then À BRASILEIRA requires the Receiver to:
(a) contact the Provider directly to request a refund; and
(b) if contacting the Provider is unsuccessful after fourteen (14) days, Receiver may contact À BRASILEIRA via email to email@example.com outlining why the Receiver believes they are entitled to a refund so À BRASILEIRA are able to determine if the Provider should be removed from the Services.
8.3 À BRASILEIRA recommends the Providers to give The Receiver fourteen (14) calendar days to return an item from the date it was received. To be eligible for a return, the item must be unused and in the same condition that it was received in the original packaging. However, most Providers have their own return policy. It is the Providers responsibility to add their unique T&C and the Receiver to understand and agree to them before purchasing.
8.4. À BRASILEIRA recommends a 48 hours cancellation policy for Providers offering services within the platform. Any cancellations that occur 48 hours or more before the scheduled time are able to be re-booked at no additional cost to the Receiver. However, Receivers who make a booking and subsequently fail to present for their designated appointment (and have not contacted the Provider to cancel their appointment), will result in a cancelled booking fee being applied, which will be equal to the value of the purchase.
8.5. A Provider is able to issue a full refund after the payment is processed through their respective Stripe account. In this case, À Brasileira will refund the 10% commission to the Provider as long the request happens within 30 days after purchase. After 30 days have passed, À BRASILEIRA won’t refund the Provider transaction fees (commission). In addition, À BRASILEIRA will not refund the transaction fees if the cause was originated by the Provider (eg. stock or availability not up to date within the Provider’s store).
8.6. Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.
9. Copyright and Intellectual Property
9.1. The Website, the Services and all of the related products of À BRASILEIRA are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by À BRASILEIRA or its contributors.
9.2. All trademarks, service marks and trade names are owned, registered and/or licensed by À BRASILEIRA, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
À BRASILEIRA does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by À BRASILEIRA.
9.3. À BRASILEIRA retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
9.4. You may not, without the prior written permission of À BRASILEIRA and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9.5. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to À BRASILEIRA a non-exclusive, transferable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
11. General Disclaimer
11.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) À BRASILEIRA will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of À BRASILEIRA make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of À BRASILEIRA) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of À BRASILEIRA; and
(d) the Services or operation in respect to links which are provided for your convenience.
11.4. You acknowledge that À BRASILEIRA Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and À BRASILEIRA holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
12. Limitation of Liability
12.1. À BRASILEIRA's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
12.2. You expressly understand and agree that À BRASILEIRA, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
12.3. You acknowledge and agree that À BRASILEIRA holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
13. Termination of Contract
13.1. If you want to terminate the Terms, you may do so by providing À BRASILEIRA with 30 days' notice of your intention to terminate by sending notice of your intention to terminate to À BRASILEIRA via email on firstname.lastname@example.org .
13.2. À BRASILEIRA may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) À BRASILEIRA is required to do so by law;
(c) À BRASILEIRA is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by À BRASILEIRA is, in the opinion of À BRASILEIRA, no longer commercially viable.
13.3. Subject to local applicable laws, À BRASILEIRA reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts À BRASILEIRA's name or reputation or violates the rights of those of another party.
13.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and À BRASILEIRA have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
14.1. You agree to indemnify À BRASILEIRA, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
15. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
1.1. Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
1.2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australia Mediation Association or his or her nominee;
1.3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
1.4. The mediation will be held in Sydney, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
15.5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
16. Venue and Jurisdiction
The Services offered by À BRASILEIRA is 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.
17. Governing Law
The Terms are 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 the Terms 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. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Updated on 5th May 2020