Introduction
The guidelines that govern how you use FikaTrade’s services. Our Terms of Use serve as the foundation for your experience on FikaTrade, outlining the guidelines and responsibilities that govern your usage of our services. We are FikaTrade (“we”, “us”, or “our”). We operate fikatrade.com (the “Site”) along with any related products and services that refer or link to these legal terms (the “Legal Terms”). These Legal Terms form a binding agreement between you, whether personally or on behalf of an entity (“you”), and FikaTrade concerning your access to and use of the Services. By accessing the Services, you acknowledge that you have read, understood, and agreed to be bound by all of these Legal Terms. We will provide notice of scheduled changes to the Services you use. Modified Legal Terms become effective when posted or when we notify you via [email protected]. Continued use of the Services after the effective date of any changes signifies your acceptance of the modified terms.1. Intellectual Property
We assert ownership of the intellectual property within our Services, including source code, databases, functionality, software, website designs, graphics, and associated service marks and logos. Any reproduction, distribution, or modification of these proprietary elements without our explicit permission is strictly prohibited. Permission to reproduce or use any aspect of our intellectual property must be obtained through written consent. Unauthorized reproduction or use may result in legal action.2. User Representations
By using the Services you represent and warrant the following:- All registration information you submit will be true, accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update it when necessary.
- You have the legal capacity to agree to these Legal Terms.
- You will not access the Services through automated or non-human methods.
- You will not use the Services for illegal or unauthorized purposes.
- Your use of the Services will comply with all applicable laws and regulations.
3. User Registration
You are required to register to use the Services and are responsible for all activity that occurs under your account. We reserve the right to remove, reclaim, or change any user-generated data if we determine it is inappropriate, obscene, or otherwise objectionable in our sole discretion.4. Payments, Fees, and Billing
FikaTrade enables you to make and receive payments through approved methods such as credit card, debit card, direct debit, or bank transfer. By adding a payment method to your account, you authorize FikaTrade and its payment partners to process transactions in accordance with these Terms.Payment Processing and Settlement
- Funds are processed through our payment partners and may take up to three (3) business days to settle, depending on the payment method and financial institution.
- All payments are denominated in Australian dollars (AUD) unless otherwise stated.
- FikaTrade is not responsible for delays caused by banking networks, payment processors, or clearing systems.
Fees and Charges
- Fees for using FikaTrade Services are listed in your account, on the dashboard, or in any applicable Product Schedule.
- Unless stated otherwise, all fees exclude GST. If GST applies, it will be added at the prevailing rate and you agree to pay it.
- FikaTrade may change its fees or introduce new charges with at least 30 days’ written notice. Continued use after that notice constitutes acceptance of the new fees.
Merchant Responsibilities
- If you use FikaTrade to receive payments, you are solely responsible for sales, refunds, chargebacks, and compliance with applicable consumer protection, privacy, and financial services laws.
- You acknowledge that you are the merchant of record for all transactions you initiate or receive through FikaTrade.
- FikaTrade may withhold fees, refunds, chargebacks, or adjustments from funds held on your behalf or from subsequent settlements.
Failed Payments and Recovery
- If a payment fails or is reversed, FikaTrade may re-attempt the charge, offset the failed amount against future settlements, or suspend access until payment is made.
- You remain liable for all unpaid amounts and associated recovery costs.
Refunds and Chargebacks
- Refunds are subject to your own refund policy and applicable law. FikaTrade does not issue refunds on your behalf.
- If a customer disputes a payment, you authorize FikaTrade to share relevant transaction data with the payment processor, card network, or financial institution to resolve the dispute.
- You are responsible for any chargeback fees or losses arising from disputed transactions.
Taxes and GST
- You are responsible for determining and remitting any taxes, duties, or levies applicable to your use of FikaTrade Services or your transactions.
- If any amount payable under these Terms is subject to GST, the payer must pay the GST alongside the underlying amount.
- Each party agrees to provide valid tax invoices compliant with the A New Tax System (Goods and Services Tax) Act 1999 (Cth) when required.
5. Limitation of Liability for Payments
- FikaTrade facilitates payments only and is not a bank or deposit-taking institution.
- To the maximum extent permitted by law, FikaTrade is not liable for losses arising from delays, declined transactions, system outages, unauthorized use, or indirect damages such as lost profits or goodwill.
- FikaTrade’s aggregate liability related to payment processing is capped at the total fees you paid in the preceding three (3) months.
6. Prohibited Activities
You may not access or use the Services other than for the purposes we make them available, nor engage in any commercial endeavor without our approval.- Systematically retrieve data or other content to build compilations or directories without written permission.
- Circumvent or interfere with security features.
- Disparage or harm us or the Services.
- Misuse support services.
- Violate applicable laws.
- Remove copyright or proprietary notices.
- Impersonate another user.
- Disrupt networks or overwhelm the Services.
- Bypass access restrictions.
- Copy or adapt our software.
- Use the Services to compete with us or for unauthorized commercial use.
- Sell, share, or transfer your profile.
7. Services Management
- Monitor the Services for violations.
- Take legal action against anyone who violates the law or these Legal Terms, including reporting to law enforcement.
- Refuse, restrict, limit, or disable contributions that threaten system integrity.
- Remove files or content that are excessive or burdensome.
- Manage the Services to protect our rights and support proper functioning.