Terms and conditions

Welcome to Community Cart!

Community Cart is a unique, Tasmanian owned and operated shopping platform that allows you to buy goods from a wide range of sources. We provide a platform for third party retailers and suppliers to list and sell goods directly to you through our site.

Community Cart is a product owned and operated by Tasmanian graphic and web design business Mouse & Mind.

Here you'll find our terms and conditions that apply to you when using the site.

User Agreement

By using the communitycart.com.au website (including the mobile site) and our social media pages ("Website") you accept these terms and conditions ("Agreement") and our Privacy Policy. This Agreement is between you and the owner/operator of this website Mouse & Mind [ABN 27 801 521 801], (referred to in this Agreement as "we", "us" or "our"). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.

Specific terms applicable to marketplace sales

In addition to selling its own goods and services, Mouse & Mind also operates Community Cart as a marketplace platform that allows independent, third party sellers who abide by our standards to open stores to list and sell goods on our Website (“Sellers”). If goods on the site are being sold by a third party, the listing will contain the Seller's details in addition to any terms of sale specific to the Seller's goods (such as delivery timetables).

By buying these goods, you are transacting directly with the Seller, and Mouse & Mind is not a party to the transaction. As a result, we do not control any aspects of the transaction, including the listing content and accuracy or the quality, shipping and delivery of the goods.

In addition to terms applicable to goods we sell, these terms also set out terms applicable to goods sold by third party Sellers.

You agree that as a platform for independent Sellers, we are not responsible for the transactions that occur between you and the Seller, nor are we responsible for the Seller's goods or services to the extent permitted by law, Mouse & Mind makes no warranty or representation regarding the standard of any goods or services to be supplied by the Seller.

Registration and User Requirements

You must be a registered member to access some features of the Website or our services. When you register, you will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.

By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time.

To register an account or to use the Website you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us.

Access and use of the Website

You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.

You must not (or attempt to):

We may refer fraudulent or abusive or illegal activity to the relevant authorities. If you have an account with us, you are solely responsible for the activity that occurs on your account (including products sold using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.

You must not use another member's account without our, and/or the other user's, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately by emailing support@communitycart.com.au.

We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

Information on this Website

Information about goods on the Website is based on material provided by third party Sellers, suppliers and/or product manufacturers. We cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.

Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by the seller for promotional purposes, and may not be an exact representation of the product or service received.

Disclaimer and Liability

To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:

We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party Sellers of goods and services.

Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

Indemnity

You will at all times indemnify, and keep indemnified, Mouse & Mind from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

Placing Orders

You are responsible for any discrepancies or errors in your order caused by you.

The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.

Orders placed by you are offers to purchase either:

Goods sold on Community Cart are not reserved in-cart, and an order is only finalised when you have completed the checkout process and received an order confirmation from us and payment is received in full.

When an order is placed for a Seller's goods, we will send the order to the Seller, along with your contact information and delivery instructions. It is the seller's responsibility to communicate directly with you.

Your order may be rejected in circumstances where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price or product description on the Website. In these circumstances the order will be refunded in full.

You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must contact the Seller(s) of the product(s) you have purchased.

In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.

We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund in the event we cannot fulfil your order.

Customer Checkout

You make purchases on our Website by using our Checkout facility.

When you use Checkout, we will collect any personal information you provide, including your name, email and delivery address, in accordance with our Privacy Policy.

Price, Payment and Use of Discount/Coupon Codes

The prices of goods, delivery and other charges shown are in Australian dollars.

All payments must be received in full prior to dispatch of goods. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.

Shipping and Delivery

Subject to this Agreement, goods will be supplied as shown on your order confirmation, which will be provided to you by email.

Sellers utilise their own shipping and distribution networks and may charge different rates for shipping on goods.

It is the Seller's responsibility to manage the shipping of their products. For any questions or concerns around the shipping of a product, please contact the seller.

Packaging and Labelling

We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.

We recommend that you read the labels and instructions on foods or other consumables prior to consumption or use.

Refund/return policy

We take no responsibility for the quality or accuracy of any products or services sold on our website. Any requests for a refund or replacement must be taken up with the Seller. Change-of-mind refunds may be offered, depending on the policy of the Seller.

Sale of Alcohol

The sale of alcohol on Community Cart is prohibited.

Social Media and Content

You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.

You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.

As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website and you must not post (or allow) content to be posted that:

We reserve the right, at our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.

You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.

Intellectual Property

All content, graphics, user and visual interfaces, photographs, trade marks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to Mouse & Mind, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.

You may not:

Transfer and Assignment

You agree and acknowledge that, in the event that we merge, sell or otherwise change control of Mouse & Mind or the Website to a third-party we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party.

We shall be entitled to assign the benefit of any agreements we have with you to the third party.

General

We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.

This Agreement will be governed by and interpreted in accordance with the laws of Tasmania, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Tasmania, Australia.

If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

Privacy and Personal information

If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.