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TERMS OF SERVICE
LAST UPDATE 8 JULY 2023.The following terms of service (these "Terms of Service"), govern your access to and use of the Chattaboxx platform, including any content, functionality and services offered on or through www.chattaboxx.com.au, www.chattaboxx.com (the "Sites") by Chattaboxx Pty Ltd (the owner and operator of Chattaboxx) collectively referred hereto as "Chattaboxx" "we" or "us".
The Privacy Policy forms part of the Terms of Service.
Please read the Terms of Service carefully before you start to use the Site. By using the Site, registering for 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, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service including Chattaboxx payment terms. If you do not want to agree to these Terms of Service, you must not register for an account or use these Sites.
This these Sites are offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Chattaboxx services. By using these Sites, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites.
The Chattaboxx Customer Support Team is available if you have any questions regarding the Site or or our Terms of Service by submitting a request through the Chattaboxx site.
Chattaboxx reserves the right to ammend or alter these Terms of Service at any time and what is published on Chattaboxx.com is applicable at that time.
KEY TERMS
- ‘Buyers’ (clients) are users who purchase services on Chattaboxx.
- ‘Sellers’ (Advisors) are users who sell their services on Chattaboxx.
- ‘Site’ refers to Chattaboxx.com, Chattaboxx.com.au and Hellochattaboxx.com.
- ‘Services’ refers to Video Call Consultations provided by Sellers.
- ‘The Platform’ refers to Chattaboxx.com, Chattaboxx.com.au and Hellochattaboxx.com.
- 'Users' refers to Buyers and Sellers on the Chattaboxx platform.
APPLICABLE JURISTICTION
The jurisdiction that is applicable to this service and these terms of use is that of Western Australia.
SELLERS (ADVISORS)
Sellers create listings on Chattaboxx.com to allow Buyers to purchase their Services (video call consultations).
Each video consultation earns Sellers net revenue of 80% of the purchase amount with 20% being retained by Chattaboxx to cover the technology, administration and marketing of the platform.
Sellers are responsible for their own Tax obligations including but not limited to Income Tax and GST.
Chattaboxx credits funds to the Sellers registered bank account after the Buyer confirms the video call is complete and they are satisfied with the call. In the case of calendar bookings, payment will be confirmed by the Buyer or automatically, two days after the delivery of the service.
Sellers may not offer direct payments to Buyers using payment systems outside of the Chattaboxx platform. Doing so will see your profile and listings being removed from the Chattaboxx platform.
BUYERS (CLIENTS)
You may not offer Sellers to pay, or make payment using any method other than through the Chattaboxx.com site. If you have been asked to use an alternative payment method, please report it immediately to the Chattaboxx Team.
Your payment for Services will be held by the Chattboxxx platform until you authorise the payment, confirming that the video call has taken place to your satisfaction or payment will be released by the Chattaboxx platform two days after the time the video call was booked if no dispute has been raised by direct messaging the Chattaboxx Customer Support team.
THE REMOVAL OF A USER
Chattaboxx has the right to remove users from Chattaboxx.com and terminate their right of use of the service without any specific reason and without being liable for compensation.
THE REMOVAL OF LISTINGS
Chattaboxx reserves the right to remove inappropriate or inactive listings from the Chattaboxx.com at anytime, without notice and without any specific reason and without being liable for compensation.
CONTACT BETWEEN ADVISORS AND CLIENTS OFF PLATFORM
Sellers agree to not publish contact details such as mobile phone numbers or email addresses in their listings to encourage direct contact outside the Chattaboxx platform. Doing so will result in a listing being deleted from the platform.
DISPUTES
We encourage Buyers and Sellers to try and settle any disputes between themselves. If for any reason this fails, users should contact the Chattaboxx Customer Support team by submitting a request through the Chattaboxx site.
USER CONDUCT
Chattaboxx enables individuals and organisations around Australia to share and sell their knowledge and expertise with minimal overhead. Members of the Chattaboxx community communicate and engage through bookings and direct messaging in the Chattaboxx platform.
Chattaboxx maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity on the Chattaboxx platform. To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact the Chattaboxx Customer Support team by submitting a request through the Chattaboxx site.
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 Chattaboxx in order to circumvent or abuse the Chattaboxx messaging system or Chattaboxx platform is not permitted.
Chattaboxx does not provide any guarantee of the level of service offered to Buyers by Sellers.
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.
Chattaboxx is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
Users must not solicit parties introduced through Chattaboxx to contract, engage with, or pay outside of Chattaboxx.
Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders.
PRIVACY POLICY
We respect your privacy and are committed to protecting it through our compliance with this privacy policy (“Policy”). This Policy describes the types of information we may collect from you or that you may provide (“Personal Information”) on the chattaboxx.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that Personal Information. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update it.
This Policy is a legally binding agreement between you (“User”, “you” or “your”) and the Website operator Chattaboxx Pty Ltd (“Operator”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Policy. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.
COLLECTION OF PERSONAL INFORMATION
You can access and use the Website and Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features offered on the Website, you may be asked to provide certain Personal Information (for example, your name and e-mail address). We receive and store any information you knowingly provide to us when you create an account, publish content, or fill any forms on the Website. When required, this information may include the following:
- Account details (such as user name, unique user ID, password, etc)
- Contact information (such as email address, phone number, etc)
- Basic personal information (such as name, country of residence, etc)
You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the features on the Website. Users who are uncertain about what information is mandatory are welcome to contact us.
PRIVACY OF CHILDREN
We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through the Website and Services. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through the Website and Services, please contact us to request that we delete that child’s Personal Information from our Services.
We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Website and Services without their permission. We also ask that all parents and legal guardians overseeing the care of children take the necessary precautions to ensure that their children are instructed to never give out Personal Information when online without their permission.
USE AND PROCESSING OF COLLECTED INFORMATION
We act as a data controller and a data processor when handling Personal Information, unless we have entered into a data processing agreement with you in which case you would be the data controller and we would be the data processor.
Our role may also differ depending on the specific situation involving Personal Information. We act in the capacity of a data controller when we ask you to submit your Personal Information that is necessary to ensure your access and use of the Website and Services. In such instances, we are a data controller because we determine the purposes and means of the processing of Personal Information.
We act in the capacity of a data processor in situations when you submit Personal Information through the Website and Services. We do not own, control, or make decisions about the submitted Personal Information, and such Personal Information is processed only in accordance with your instructions. In such instances, the User providing Personal Information acts as a data controller.
In order to make the Website and Services available to you, or to meet a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:
- Create and manage user accounts
- Send administrative information
- Send product and service updates
- Run and operate the Website and Services
Processing your Personal Information depends on how you interact with the Website and Services, where you are located in the world and if one of the following applies: (i) you have given your consent for one or more specific purposes; (ii) provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.
Note that under some legislations we may be allowed to process information until you object to such processing by opting out, without having to rely on consent or any other of the legal bases. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
MANAGING INFORMATION
You are able to delete certain Personal Information we have about you. The Personal Information you can delete may change as the Website and Services change. When you delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations to our affiliates and partners, and for the purposes described below. If you would like to delete your Personal Information or permanently delete your account, you can do so on the settings page of your account on the Website or simply by contacting us.
DISCLOSURE OF INFORMATION
Depending on the requested Services or as necessary to complete any transaction or provide any Service you have requested, we may share your information with our affiliates, contracted companies, and service providers (collectively, “Service Providers”) we rely upon to assist in the operation of the Website and Services available to you and whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. We will not share any personally identifiable information with third parties and will not share any information with unaffiliated third parties.
Service Providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. Service Providers are given the information they need only in order to perform their designated functions, and we do not authorize them to use or disclose any of the provided information for their own marketing or other purposes.We may also disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
RETENTION OF INFORMATION
We will retain and use your Personal Information for the period necessary to comply with our legal obligations, as long as your user account remains active, to enforce our agreements, resolve disputes, and unless a longer retention period is required or permitted by law.We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.Data analyticsOur Website and Services may use third-party analytics tools that use cookies, web beacons, or other similar information-gathering technologies to collect standard internet activity and usage information. The information gathered is used to compile statistical reports on User activity such as how often Users visit our Website and Services, what pages they visit and for how long, etc. We use the information obtained from these analytics tools to monitor the performance and improve our Website and Services. We do not use third-party analytics tools to track or to collect any personally identifiable information of our Users and we will not associate any information gathered from the statistical reports with any individual User.
DO NOT TRACK SIGNALS
Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. How browsers communicate the Do Not Track signal is not yet uniform. As a result, the Website and Services are not yet set up to interpret or respond to Do Not Track signals communicated by your browser. Even so, as described in more detail throughout this Policy, we limit our use and collection of your Personal Information.
EMAIL MARKETING
We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.Links to other resources
The Website and Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Website and Services and to read the privacy statements of each and every resource that may collect Personal Information.
INFORMATION SECURITY
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in our control and custody. However, no data transmission over the Internet or wireless network can be guaranteed.
Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Website and Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.
As the security of Personal Information depends in part on the security of the device you use to communicate with us and the security you use to protect your credentials, please take appropriate measures to protect this information.
DATA BREACH
In the event we become aware that the security of the Website and Services has been compromised or Users’ Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the User as a result of the breach or if notice is otherwise required by law. When we do, we will send you an email.Changes and amendmentsWe reserve the right to modify this Policy or its terms related to the Website and Services at any time at our discretion. When we do, we will send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.
ACCEPTANCE OF THIS POLICY
You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services and submitting your information you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorised to access or use the Website and Services.Contacting usIf you have any questions, concerns, or complaints regarding this Policy, the information we hold about you, or if you wish to exercise your rights, we encourage you to contact us at: admin@chattaboxx.com
We will attempt to resolve complaints and disputes and make every reasonable effort to honour your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by applicable data protection laws.
This document was last updated on July 8, 2023.