Dub Dub Data Pty Ltd Terms and Conditions

Last Updated: 12 November 2024

Welcome to Dub Dub Data Pty Ltd. These Terms and Conditions govern your access to and use of Dub Dub Data’s Platform, accessible at www.dubdubdata.com. Dub Dub Data operates as an online Marketplace and Hub for data and analytics organisations and professionals to offer products and services to Clients, with the Platform facilitating these transactions.

By using this Platform, you agree to comply with these Terms, our Privacy Policy, and any other applicable policies. Please read these Terms carefully, as they govern your relationship with Dub Dub Data.

 

1    Interpretations and Definitions

1.1   Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

1.2   Definitions

This section provides definitions used in these Terms and Conditions. The definitions apply throughout Dub Dub Data’s Platform and related documents.

“Account” means unique logins for each Platform it operates, including separate logins for the Hub and the Marketplace. An "Account" is a unique profile created for a User to access and utilise Dub Dub Data’s Platforms.

“ABN” (Australian Business Number) refers to a unique 11-digit identifier issued by the Australian Business Register (ABR) that is required for businesses operating in Australia. An ABN is used to identify businesses to the government and community, and it facilitates dealings with other businesses and regulatory entities.

“Australian Consumer Law (ACL)” refers to the set of national laws providing protections and rights to consumers in Australia, as outlined in the Competition and Consumer Act 2010 (Cth).

“Buyer (Client)” means an individual or entity that uses the Dub Dub Data Platform to place the Order for Products offered by Dubbers. The terms "Buyer" and "Client" are used interchangeably in these Terms.

"Commission" is the fee deducted by Dub Dub Data from each Order placed on the Platform. As an introductory offer, Dubbers who register by 28 February 2025 will be charged a reduced Commission rate of 10% of the Order value. At 8:00 AM AEDT on 1 March 2024, the Commission rate will adjust to 20% of the Order value.

“Delivered” refers to the status marked by the Dubber after confirming that the Personalised Service and Deliverable has been successfully completed. By marking the order as Delivered, the Dubber triggers the next step to release the payment.   

“Digital Products” refers to a subset of “Products” meaning non-physical items that are delivered electronically and accessed online. These may include templates, downloadable files, online courses, and any other products provided in a digital format. Digital products are designed for immediate access upon purchase and do not require shipping or physical delivery.

“Dub Dub Data (“We”, “Us”, “Our”)” refers to Dub Dub Data Pty Ltd, an Australian company, ABN: 57 678 121 956, providing the Platform and related services, and its associated corporate entities.

“Dubber” refers to a registered vendor on the Dub Dub Data Platform who offers Products related to data and analytics.

“Dubber Terms and Conditions” refers to the separate, external terms provided by each Dubber on their profile, covering warranty, customer support, and compliance with local laws.

“Feedback” means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Platform.

“Force Majeure Event” means an event outside Dub Dub Data’s reasonable control that prevents the company from fulfilling its obligations, including natural disasters, government actions, cyber-attacks, and other unforeseeable occurrences.

“Hub” means the community and training component of the Platform, designed to facilitate networking, learning, and collaboration among members through forums, events, and other interactive features.

“Intellectual Property Rights” means all copyrights, trademarks, patents, trade secrets, and other proprietary rights associated with User-Generated Content on the Platform, whether owned by Dub Dub Data or licensed from Dubbers.

“Marketplace” refers to the online sales Platform provided by Dub Dub Data, allowing Dubbers to list and sell Products to Buyers.

“Order” means a request by You to purchase or trade by any means Products on the Platform.

“Payment” refers to the stage at checkout when the Buyer enters their details, and funds are processed through Stripe, the gateway responsible for secure transactions.

“Payout”  refers to the stage where funds from a completed payment are transferred from Stripe’s system to the Dubber’s bank account.

"Personal Information" is information we hold which is identifiable as being about You. This includes information such as Your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.

“Platform” means Dub Dub Data’s website and associated services, tools, and functionalities, including the Marketplace and Hub, accessible from www.dubdubdata.com.

“Platform Content” refers to all original content, design, layout, graphics, logos, code, features, and functionality.

“Personalised Service and Deliverable” is a sub-category of Products provided directly by individuals, excluding purely digital. This includes live, person-to-person services, whether delivered in person or online in real-time (e.g., consulting, training, or coaching sessions).

“Physical Product” refers to a subset of Products meaning tangible items that require shipping and physical delivery to the purchaser. These include any goods that can be physically touched, such as merchandise.

“Product” refers to Dubber listings available for purchase on the Platform, which may be Digital Products, Personalised Service and Deliverables and  Physical Products, Digital.

“Received” refers to the status which is marked by the Buyer to confirm that the Order has been fully completed and meets their expectations. By marking the order as "Received," the Buyer indicates satisfaction with the Product which triggers the next step to release the payment to the Dubber.

“Refund Policy” refers to the policy set by Dub Dub Data, as outlined in these Terms. This policy specifies the terms for refunds, returns, or cancellations applicable to all Products offered on the Platform.

“Shipped” refers to the status the Dubber marks an Order to confirm it has been posted or mailed to the Buyer, signalling completion of the Dubber required steps.  This status is used for Physical Products or Digital Products.  By marking the order as Shipped, the Dubber triggers the next step to release the payment.   

“Stripe” means the third-party payment service used by Dub Dub Data for processing transactions, managing payment accounts, and facilitating disbursements to Dubbers.

“Terms” refers to the Terms and Conditions, including any policies, guidelines, and definitions that govern the use of Dub Dub Data’s Platform.

“Third-party Social Media Service” means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Platform.

“User (“You”)” means the individual or entity accessing or using the Platform, or the company or legal entity on behalf of which such individual is accessing or using the Platform, whether as a Buyer, Dubber, or other participant.

“User-Generated Content” means material generated and posted by Users on the Platform, including but not limited to listings, reviews, comments, forum posts, meetups, challenges and media uploads.

 

2    Contact Us

If You have any questions about these Terms, or complaints about Our Platform, You can contact Us:

By email: [email protected] 

By visiting this page on Dub Dub Data’s website: hub.dubdubdata.com/contact

 

3    Platform Role and Disclaimer of Liability

3.1   Role of Dub Dub Data

Dub Dub Data provides a Platform to connect Dubbers with Clients but does not directly participate in transactions, manage deliveries, guarantee quality related to Dubber-provided Products. All transactions and Product obligations rest with the Dubbers and Clients involved.

3.2   Limitation of Liability

To the fullest extent permitted by law, Dub Dub Data disclaims all liability for any loss, damage, or injury resulting from interactions on the Platform, including but not limited to issues arising from Product quality, inaccurate listings, or Dubber negligence. Dub Dub Data’s liability for any claim shall not exceed the Commission retained for the disputed transaction.

Dub Dub Data shall not be liable for any consequential, incidental, indirect, special, exemplary, or punitive damages, including but not limited to loss of profit, loss of revenue, loss of business opportunity, loss of reputation, loss of goodwill, business interruption, or loss of data, arising out of or related to the use of or inability to use the Platform or any Products, even if Dub Dub Data has been advised of the possibility of such damages. Dub Dub Data is not liable for any User-Generated Content posted by Users or Dubbers, including claims related to copyright infringement, defamatory statements, or other unlawful materials. By using Dub Dub Data’s Platform, Users acknowledge and accept that they may encounter User-Generated Content that is inaccurate, misleading, or offensive. Dub Dub Data disclaims responsibility for the accuracy, legality, or reliability of User-Generated Content, and Users engage with the User-Generated Content at their own risk.

Dub Dub Data is committed to facilitating transactions and processing refunds in accordance with our Refund Policy and applicable Australian Consumer Law. However, to the extent permitted by law, Dub Dub Data Pty Ltd is not liable for any losses, damages, or claims directly arising from issues related to Product quality, accuracy, or delivery, which are the responsibility of the individual Dubber.

Dub Dub Data’s liability in disputes is limited to the refund amounts processed in accordance with our Refund Policy and does not extend to incidental or consequential damages beyond those covered by law.

By using the platform, Clients acknowledge that they may receive Products that differ from descriptions or may not meet personal expectations. Dub Dub Data disclaims responsibility for such outcomes and will not be held liable for interactions between Dubbers and Clients.

3.3   Hold Harmless Clause

The Users agree to indemnify, defend, and hold harmless Dub Dub Data, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

1. Breach of Contract: Any breach by the Indemnitor of its obligations, representations, or warranties under this Agreement;
2. Negligence or Misconduct: Any act of negligence, wilful misconduct, or fraud by the Indemnitor, its employees, agents, or contractors in connection with the performance of this Agreement;
3. Infringement of Intellectual Property: Any claim that any data, software, material, or other deliverable provided by the Indemnitor infringes or misappropriates the intellectual property rights of any third party;
4. Compliance with Laws: Any failure by the Indemnitor to comply with applicable laws, regulations, or standards relevant to the performance of its obligations under this Agreement.

 This indemnity applies except to the extent that such claims, liabilities, damages, losses, or expenses arise directly from the gross negligence or wilful misconduct of Dub Dub Data.

3.4   "AS IS" and "AS AVAILABLE" Disclaimer

Dub Dub Data provides access to the Platform on an "AS IS" and "AS AVAILABLE" basis, without warranties or representations of any kind. While we strive to provide a reliable and functional service, we do not warrant that access to our Platform will be uninterrupted or error-free.

To the extent permitted by the Australian Consumer Law (ACL), we expressly disclaim all warranties, including implied warranties of merchantability and fitness for a particular purpose. Users acknowledge that statutory rights may apply to the Product, including guarantees that Products will be provided with due care and skill. Where these statutory guarantees apply and cannot be excluded, our liability for any failure to comply with a statutory guarantee is limited to the re-supply of Products or refund of the cost, as permitted by law.

Dub Dub Data does not guarantee the accuracy or completeness of User-Generated Content on the Platform and is not responsible for Users’ reliance on such User-Generated Content. Users agree that any User-Generated Content they post, access, or rely on is at their own risk.

 

4    Acknowledgment

These are the Terms governing the use of this Platform and the agreement that operates between You and Dub Dub Data. These Terms set out the rights and obligations of all Users regarding the use of the Platform.

Your access to and use of the Platform is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors and Users who access or use the Platform.

By accessing or using the Platform You agree to be bound by these Terms. If You disagree with any part of these Terms, then You may not access the Platform.

Users must be 18 years or older to register for an Account. Accurate and up-to-date information must be provided during registration.

Your access to and use of the Platform is also conditioned on Your acceptance of and compliance with the Privacy Policy of Dub Dub Data. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Platform and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Platform.

 

5    Account Registration and Eligibility

5.1   User Accounts

When Users create an account with Dub Dub Data, they must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of the Account(s) on the Platform.

Users are responsible for maintaining the confidentiality of their login credentials.

Users may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

5.2   Account Information

You may be asked to supply certain information relevant to Your Account including, without limitation, Your name, Your email, Your phone number, and Your address.

You may have to provide documents to comply with identity verification.

Before or during posting Products, you may be asked to supply, without limitation, Your bank account details, Your identity documents. You will also be required to provide proof of business legitimacy (e.g., ABN or equivalent tax information) and evidence of adequate insurance coverage. Dubbers must also confirm compliance with all applicable local and international laws, including those related to consumer protection, intellectual property, and privacy.  You must provide evidence of Your Dubber Terms and Conditions, which Dub Dub Data will host, and provide you with a link to include on your Dubber Profile.

Before or during placing an Order, You may be asked to supply, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, (if required) Your shipping information, and (if required) ABN or equivalent tax information.

5.3   Account Review

We do not perform background checks or endorse any Users. We do not accept any responsibility for the reliability, accuracy, and completeness of any information provided by users.

5.4   Account Password

You are responsible for safeguarding the password that You use to access the Platform and for any activities or actions under Your password, whether Your password is with the Platform or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your Account.

5.5   Account Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms. Upon termination, Your right to use the Platform will cease immediately.

If You wish to terminate Your Account, You may simply discontinue using the Platform or delete Your Account from the Platform, or contact Dub Dub Data for help, [email protected].

 

6    Intellectual Property and Content Licensing

6.1   Ownership and Platform Licence

The Dub Dub Data Platform, including all Platform Content are and will remain the exclusive property of Dub Dub Data Pty Ltd. All Platform Content is protected by copyright, trade dress, and other applicable intellectual property laws in Australia and internationally.

Users and Dubbers may not copy, reproduce, distribute, publicly display, or create derivative works of any Platform Content without the prior written consent of Dub Dub Data. Additionally, users are not permitted to use any Dub Dub Data name, logo, or trade dress in connection with any product or service without prior written consent, in a way that is likely to cause confusion, or in a manner that disparages or discredits Dub Dub Data.

Dubbers retain ownership of their IP in any User-Generated Content uploaded to the Platform. By listing Products, Dubbers grant Dub Dub Data a non-exclusive, royalty-free, worldwide licence to use, reproduce, and display this User-Generated Content for marketing and promotional purposes. This licence does not transfer ownership rights.

6.2   Protection of Dub Dub Data’s Platform Content

Users agree not to decompile, disassemble, reverse engineer, or otherwise attempt to discover any source code or algorithms of the Platform. Dub Dub Data retains all rights to the Platform Content not expressly granted to Users and reserves the right to enforce these rights to the fullest extent permitted by law.

6.3   Your Right to Post User-Generated Content

Our Platform allows Users and Dubbers to post and share User-Generated Content, including but not limited to comments, images, listings, reviews, videos, photos and other materials. By posting User-Generated Content to the Platform, You assume full responsibility for the legality, reliability, and appropriateness of the material You share. You are solely accountable for ensuring that all posted materials comply with applicable laws, including Intellectual Property Rights, and do not infringe upon the rights of others.

When You post User-Generated Content on the Platform, You grant Dub Dub Data a worldwide, royalty-free, non-exclusive right and license to use, modify, publicly perform, publicly display, reproduce, and distribute Your User-Generated Content on and through the Platform. This license allows Dub Dub Data to make Your User-Generated Content accessible to other users, who may also view and use the User-Generated Content in accordance with these Terms. While Dub Dub Data gains the right to use Your Content as outlined, You retain full ownership and any associated rights to the User-Generated Content You submit.

You further represent and warrant that:

(i) The User-Generated Content is Yours or You have obtained all necessary rights to post it and to grant the license described above to Dub Dub Data.

(ii) Your posting of the User-Generated Content on the Platform does not violate any third party’s privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other legal rights.

Our Platform allows You to post User-Generated Content. You are responsible for the User-Generated Content that You post to the Platform, including its legality, reliability, and appropriateness.

By posting User-Generated Content to the Platform, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User-Generated Content on and through the Platform. You retain any and all of Your rights to any User-Generated Content You submit, post, or display on or through the Platform and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your User-Generated Content available to other users of the Platform, who may also use Your User-Generated Content subject to these Terms.

You represent and warrant that: (i) the User-Generated Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your User-Generated Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

6.4   User Responsibility for User-Generated Content

Users and Dubbers who post User-Generated Content on Dub Dub Data’s Platform are solely responsible for ensuring that all materials (e.g., posts, comments, images, documents, listings) comply with applicable laws, including Intellectual Property Rights, and do not violate the rights of others. Dub Dub Data does not actively monitor all User-Generated Content and instead relies on community reporting to identify potentially infringing or inappropriate materials.

6.5   Reporting and Moderation

While Dub Dub Data may conduct initial screening of User-Generated Content on the Marketplace, we rely on Users to report any User-Generated Content they believe violates these Terms, on any Platform relating to applicable laws, or third-party rights. Users may report any potential infringements to [email protected]. Dub Dub Data will review reported User-Generated Content and reserves the right to remove any materials deemed to infringe intellectual property or violate community standards. However, Dub Dub Data is not obligated to remove reported User-Generated Content unless required by law.

6.6   Links to Other Websites

Our Platform may contain links to third-party websites or services that are not owned or controlled by Dub Dub Data.

Dub Dub Data has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms of service and privacy policies of any third-party websites or services that You visit.

6.7   User-Generated Content Restrictions

Dub Dub Data is not responsible for the User-Generated Content on the Platform. You expressly understand and agree that You are solely responsible for the User-Generated Content and for all activity that occurs under your account, whether done so by You or any third person using Your Account.

You may not transmit any User-Generated Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable User-Generated Content include, but are not limited to, the following:

1. Unlawful or promoting unlawful activity.
2. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
3. Spam, machine, or randomly generated, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
4. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person.
5. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
6. Impersonating any person or entity including Dub Dub Data and its employees or representatives.
7. Violating the privacy of any third person.
8. False information and features.

Dub Dub Data reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any User-Generated Content is appropriate and complies with these Terms, refuse or remove this Content. We further reserve the right to make formatting and edits and change the manner of any User-Generated Content. Dub Dub Data can also limit or revoke the use of the Platform if You post such objectionable User-Generated Content.

As Dub Dub Data cannot control all User-Generated Content posted by Users and/or third parties on the Platform, You agree to use the Platform at your own risk. You understand that by using the Platform You may be exposed to User-Generated Content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will Dub Dub Data be liable in any way for any User-Generated Content, including any errors or omissions in any User-Generated Content, or any loss or damage of any kind incurred as a result of your use of any User-Generated Content.

6.8   Promoted Listings

Dub Dub Data may offer Dubbers opportunities for featured or promoted listings based on Platform-defined criteria, such as high demand or trending Products. These promoted listings are managed solely at Dub Dub Data’s discretion and may be altered or removed at any time.

6.9   User-Generated Content Backups

Although regular backups of User-Generated Content are performed, Dub Dub Data does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, User-Generated Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

Dub Dub Data will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of User-Generated Content. But You acknowledge that the Dub Dub Data has no liability related to the integrity of User-Generated Content or the failure to successfully restore User-Generated Content to a usable state.

You agree to maintain a complete and accurate copy of any User-Generated Content in a location independent of the Platform.

6.10   Intellectual Property of Others and Copyright Infringement

We respect the intellectual property and copyrights of others. You may be held accountable for damages (including costs and lawyers’ fees) for misrepresenting that any User-Generated Content is infringing Your copyright. It is Our policy to respond to any claim that User-Generated Content posted on the Platform infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner or authorised on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Platform, You must submit Your notice in writing to the attention of our copyright agent via email (see 2 Contact Us) and include in Your notice the following information related to the alleged infringement:

1. An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright's interest.
2. A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
3. Identification of the URL or other specific location on the Platform where the material that You claim is infringing is located.
4. Your address, telephone number, and email address.
5. A statement by You that You have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
6. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorised to act on the copyright owner's behalf.

Upon receipt of a notification, Dub Dub Data will take whatever action, in its sole discretion, it deems appropriate, including (but not limited to) removal of the challenged User-Generated Content from the Platform and/or suspension or permanent ban of the User.

 

7    Dubber Requirements

7.1   Dubber Expressions of Interest and Onboarding

Interested companies can provide an Expression of Interest (EOI) to join the platform as a Dubber.  Dub Dub Data reviews EOI’s and will reach out to eligible organisations. 

As part of the obligations we have for Clients, we review:

1. Length the organisation has been operating
2. Online testimonials that indicate trusted business operations
3. Insurance
4. Government Tax Registration
5. Products offered on potential Dubber’s websites

Successful Dubber’s will be invited to register on the platform, complete their profile (which must include their Dub Dub Data hosted Dubber Terms & Conditions) and setup their Stripe account.

In the Platform integration, Dubbers need to have a Stripe account with a bank account set up before others can initiate transactions with them successfully. This is done by creating a Stripe account for the authenticated Dubber.

To create the account, Stripe requires Know-Your_Customer (KYC) verification information from the Dubber, and the specific types of verification information depend on the Dubber's country. You can check the verification requirements for your most likely marketplace Dubber demographics in Stripe's own documentation.

7.2   Compliance and Insurance Requirements

Dubbers are required to comply with all relevant laws and standards related to the sale of Products ensuring that all offerings meet minimum quality and safety requirements. Dubbers hold full responsibility for legal compliance, including intellectual property (IP) rights and consumer protection laws. Proof of insurance will be requested during onboarding and periodically thereafter to confirm ongoing compliance.

7.3   Dubber Listings

Listings may be created by Dubbers but require review and approval from Dub Dub Data before being published on the Platform. Dub Dub Data reserves the right to reject any listings or remove them from the platform at its discretion and without the need to provide a reason. All listings must be complete and accurate.

The maximum allowable booking period for any Product is sixty (60) days.

7.4   Ongoing Compliance Monitoring and Vendor Removal

Dub Dub Data reserves the right to conduct random and scheduled compliance checks to ensure Dubbers’ adherence to these Terms, including maintaining pricing integrity, quality standards, and IP compliance. Dub Dub Data may enforce compliance through actions including issuing warnings, suspending Accounts, or permanently removing Dubbers for repeated or serious policy violations.

7.5   Vendor Obligations under Australian Consumer Law (ACL)

Dubbers are required to comply with the Australian Consumer Law (ACL) and any applicable consumer protection laws in their respective jurisdictions. This includes providing Clients with information regarding any warranties or guarantees associated with their Products.

7.6   Display of Dubber Terms and Conditions

Dubbers must include the Dub Dub Data hosted link to their own Dubber Terms and Conditions, on their profile. This allows Clients to review these policies before making a purchase.

7.7   Stripe Account

Dubbers must set their Stripe account Payout settings to “Manual” to ensure integration with the Platform. Failure to set the Stripe account to “Manual” may disrupt Payouts.

If a Dubber already has a Stripe account, we advise to setup a separate account solely for Payouts from Dub Dub Data to avoid issues.

7.8   Monitoring Payouts

Dubbers should monitor Payout statuses through their Stripe dashboard, where they can view estimated Payout dates and resolve any failed transactions directly with Stripe.

 

8   Orders of Products

By placing an Order for Products through Our Platform, You warrant that You are legally capable of entering into binding contracts.

8.1   Position of the Platform in Orders

Our role is one of a facilitator between You and the Dubbers, using the Platform. We are, therefore, a third-party in Orders, which limits Our liabilities in any disputes between You and the Dubbers.

We are not a party to any agreement You have with the Dubbers. Any agreement You enter with the Dubbers does not form a part of any agreement We have with you.

8.2   Your Information as Buyer

If You wish to place an Order for Products available on the Platform, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Dub Dub Data offers many product types on the Marketplace.  For Orders that are  Personalised Service and Deliverables, Clients must ensure they have reserved days through the third-party calendar on the listing.

 8.3   Availability, Errors, and Inaccuracies

We and Dubbers are constantly updating Our offerings of Products on the Platform. The Products available on the Platform may be mispriced, described inaccurately, or unavailable, and We and Dubbers may experience delays in updating information regarding the Products on the Platform and in Our advertising on other websites.

We and Dubbers cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

9    Pricing, Fees, Payments and Payouts

9.1   Pricing Integrity

Dubbers must list Products on the Platform at prices equal to or lower than those offered elsewhere online. Dub Dub Data reserves the right to monitor compliance with this requirement, and failure to comply may result in Dubber suspension or removal from the Platform.

9.2   Platform Fees and Commission

Dub Dub Data will charge an introductory 10% Commission on all transactions until 28 February 2024. At 8:00 AM AEDT on 1 March 2024, the Commission will increase to 20%. Dub Dub Data reserves the right to modify its fee structure with reasonable notice to Dubbers. Any further changes to the fee structure will be communicated directly within these Terms and on the Platform.

We may charge You some fees (and applicable Taxes) for the right to use the Platform. More information about when service fees apply and how they are calculated is displayed during your Order. We reserve the right to change the service fees at any time.

9.3   Prices Policy

Dub Dub Data and Dubbers reserve the right to revise their prices at any time prior to accepting an Order.

The prices quoted may be revised by the Dub Dub Data subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Dub Dub Data or the Dubber. In that event, You will have the right to cancel Your Order without penalty.

9.4   Payment and Refund Processing  

When the Client initiates an Order on the Platform, Payments are made via Stripe's payment system. The fee the customer pays charged immediately and transferred and held in Dub Dub Data’s Stripe account, the Order value includes Stripe’s transaction fees which are non-refundable.

Funds are held within Stripe’s system until the completion criteria for the transaction are met, which triggers a Payout to the Dubber.

Dub Dub Data does not collect or store Users’ payment card details. Stripe has their own terms of service with their own limitations, which are available on their website.

Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by Your card issuer. If Stripe do not receive the required authorisation, We will not be liable for any delay or non-delivery of Your Order.

9.5   Foreign Transaction Fees

Please note that credit card payments processed on the Dub Dub Data platform may be subject to foreign transaction fees or currency conversion fees imposed by Your credit card issuer. These fees are determined by Your bank or credit card provider and are not controlled or charged by Dub Dub Data. We are not responsible for reimbursing any foreign transaction fees applied by your bank.

If you have questions regarding foreign transaction fees, we recommend contacting your credit card provider directly for further information.

9.6   Order Modification and Additional Amounts, Fees or Taxes

You and the Dubbers are responsible for any Order modifications you agree to make via the Dubbers and agree to pay any additional amounts, fees, or taxes associated with any Order modification.

9.7   Funds Holding Period and Payout Trigger

Stripe holds funds from each Payment until a Payout is triggered, either:

1. when the Client marks the Order as Received; or
2. 14 days after the Dubber marks the Order as Shipped or Delivered

9.8   Payout Processing Time

Once a Payout is triggered, Stripe initiates the transfer to the Dubber’s bank account. It typically takes 5-10 business days for the funds to appear, with possible additional bank processing time.

9.9   Payout States

Stripe tracks Payout states, including estimated arrival dates, in the provider’s Stripe dashboard under the Payments tab. Dubbers are responsible for monitoring their Payout status and resolving any issues directly with Stripe if a Payout fails.

 

10   Order Cancellation, Disputes and Refunds

Our refund and cancellation policy is designed to provide transparency and comply with Australian Consumer Law (ACL). However, due to the nature of our Products, refunds are strictly limited. Please read this policy carefully before making a purchase.

10.1  Our Order Cancellation Rights

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

1. Products availability
2. Errors in the description or prices for Products
3. Errors in Your Order
4. Mistakes from the Dubber

We reserve the right to refuse or cancel Your Order if fraud or an unauthorised or illegal transaction or trade is suspected.

10.2  Order Cancellation by Buyers

If You as a Buyer cancel an Order at least one business day before Order fulfillment has commenced, the amount You paid is refunded. Otherwise, You may not cancel, and must refer to Order Disputes and Refunds.

If something outside Your control requires You to cancel an Order, or if You think your Order should be refunded, contact [email protected].

10.3  Order Cancellation by Dubbers

If You as a Dubber cancel an Order, the amount the Buyer paid (including the Platform Fees) will be refunded to the Buyer and will not be transferred to the Dubber. The Dubber will be liable to pay the Platform Fees (Commission, including Stripe transaction fees).

If something outside Your control requires You to cancel an Order contact [email protected].

10.4  Order Disputes and Refunds

10.4.1  No Refunds for Change of Mind or Size

1. Physical Products: Refunds will not be issued for change of mind on any physical products after they are Shipped. Due to the nature of merchandise produced for each order, we cannot refund for incorrect size. Please confirm your order details carefully before completing your purchase.
2. Digital Products: Digital products, such as templates, downloadable files, and online courses, are non-refundable once Shipped, as they are delivered immediately upon purchase. Change of mind refunds will not be issued for any digital product.
3. Personalised Services and Deliverables are not eligible for a refund due to change of mind.

10.4.2  Refund Requests for Issues with Personalised Service and Deliverables

1. Buyers may only request a refund after Personalised Services and Deliverables commencement if there is a significant discrepancy between the Product description and what was actually provided or if it was not delivered as agreed.
2. Dispute Resolution Requirements: Buyers are required to first attempt to resolve any issues directly with the service provider (Dubber). Proof of these communications (emails, chat logs, etc.) may be required to support the refund request.

10.4.3  Proof Required for Refund Requests

1. Buyers requesting a refund must provide a clear description of the Product issue and supporting documentation, such as screenshots, correspondence, or other evidence, to validate the claim. In the case of refund requests for Personalised Services and Deliverables, these must be submitted:
   1. Before the Buyer marks the Order as Received; and
   2. Within 7 days of the Dubber marking the Order as Shipped or Delivered.
2. Dub Dub Data reserves the right to make the final determination on all refund requests after reviewing the provided documentation and assessing the situation with the Dubber.

10.4.4  Non-Refundable Payment Processing Fees

Please be aware that any payment processing fees applied by Stripe during the Order process are non-refundable. Approved refunds will exclude the original Stripe fees, as these fees cannot be recovered by Dub Dub Data.

10.4.5  Compliance with Australian Consumer Law (ACL)

In line with Australian Consumer Law, consumers are entitled to refunds, repairs, or replacements only if products or services:

1. Are faulty or not of acceptable quality;
2. Do not match the description provided;
3. Are unfit for the disclosed purpose.

If a Product falls within these criteria, Buyers may be entitled to a remedy regardless of this policy’s terms. Dub Dub Data will assess such claims on a case-by-case basis to ensure compliance with ACL.

10.4.6  Buyer Process for Requesting a Refund

All refund requests must be submitted in writing via email to [email protected], with a clear explanation and supporting evidence.

Dub Dub Data Pty Ltd will review refund requests and respond within 10 business days.

10.4.7  Refund Processing for Eligible Requests and Direct Recovery from Dubbers

If a refund request is deemed eligible under these Terms or as required by Australian Consumer Law, Dub Dub Data will process the refund to the Buyer. Please note that any Stripe payment processing fees associated with the original transaction are non-refundable and will not be included in the refunded amount.
 

In such cases where are refund is processed; Dub Dub Data will seek direct reimbursement of the refunded amount from the Dubber as follows:

1. Direct Reimbursement Requirement: The Dubber will be required to reimburse Dub Dub Data for the full refunded amount. This reimbursement is to be completed within 28 days of receiving written notice from Dub Dub Data.
2. Notice of Refund and Reimbursement: Dubbers will receive written notice of any refund issued, including the amount due for reimbursement, the reason for the refund, and the due date for repayment.
3. Failure to Reimburse: If the Dubber does not provide reimbursement within the specified timeframe, Dub Dub Data reserves the right to pursue additional remedies as permitted by law and the platform’s terms of service, including suspension or permanent ban of the Dubber’s Account.

 

11   Account Suspension and Reinstatement Policy

11.1  Suspension of Accounts

Dub Dub Data reserves the right to suspend accounts on both the Marketplace and Community platforms for reasons including, but not limited to:

1. Violations of Platform policies or guidelines, including posting inappropriate, offensive, or illegal User-Generated Content.
2. Failure by Vendors or Clients to comply with standards for product quality, delivery, insurance, or refund policy.
3. Engaging in conduct that disrupts the user experience, harms other Users, or adversely affects Dub Dub Data’s reputation.
4. Misrepresentation of Products, infringement of intellectual property rights, or use of unauthorised User-Generated Content.
5. Attempts to divert Platform traffic for personal benefit, or unauthorised promotion of external products, websites, or social media profiles.

Suspension may be temporary or permanent, depending on the severity and nature of the policy breach. Dub Dub Data reserves the right to implement immediate suspensions in cases involving fraudulent, illegal, or harmful activity.

11.2  Suspension Notification

In the event of a suspension, Users will be notified in writing and informed of:

1. The reason(s) for suspension; and
2. The duration of the suspension (if temporary); and
3. Any requirements or conditions for possible reinstatement.

11.3  Reinstatement Process

Suspended accounts may be eligible for reinstatement subject to the following review process:

1. Request for Review: Suspended Users may submit a formal request for reinstatement, including an explanation of corrective actions taken to address the cause of suspension.
2. Evidence of Compliance: Users may be required to provide proof of compliance with Platform policies, such as updated product details, proof of insurance, or adherence to Platform standards.
3. Review and Response: Dub Dub Data will conduct a review within 10 business days of receiving the reinstatement request and will issue a written response approving or denying reinstatement.
4. Probationary Reinstatement: Dub Dub Data may reinstate accounts on a probationary basis, with conditions such as restricted Platform features, monitoring, or periodic compliance checks.

11.4  Final Decision

Dub Dub Data’s decision regarding reinstatement is final and binding. Dub Dub Data reserves the right to deny reinstatement in cases where the User’s actions are likely to continue to harm the Platform, other Users, or Dub Dub Data’s reputation.

 

12   Privacy, Data Handling, and Third-Party Processing

12.1  Data Collection and Sharing

Dub Dub Data collects User data as described in our Privacy Policy. By using the Platform, Users consent to data sharing with third-party services (e.g., Google Analytics, HubSpot, Kajabi) for analytics and marketing purposes. Payment-related data is managed exclusively by Stripe in accordance with its privacy policies.

12.2  User Rights and Data Requests

Users may request access to, deletion of, or modifications to their personal data by contacting [email protected]. Dub Dub Data commits to responding within the legally mandated timeframe, generally 30 days.

 

13   Disputes Resolution about the Platform

If You have any concerns or disputes about the Platform, You agree to first try to resolve the dispute informally by contacting Dub Dub Data.

 

14  Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide Dub Dub Data. If for any reason such assignment is ineffective, You agree to grant Dub Dub Data a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

 

15  Platform Standards and Enforcement

15.1  Monitoring and Compliance

Dub Dub Data reserves the right to conduct random compliance checks and to require Dubbers to demonstrate ongoing adherence to these Terms. Dubbers who fail to meet Platform standards may face enforcement actions, including financial penalties, suspension, or permanent removal.

15.2  Vendor Penalties

Dub Dub Data reserves the right to impose penalties, such as temporary suspensions or additional fees, on Dubbers who fail to comply with Platform policies. Repeat violations may lead to increased Commission rates or permanent Account removal.

 

16   Governing Law

16.1  Arbitration and Governing Law

All disputes arising from these Terms or Orders conducted on the Platform are subject to binding arbitration, except as agreed otherwise. Australian law, specifically that of New South Wales (NSW), governs these Terms, and Users agree to exclusive jurisdiction within NSW courts.

16.2  Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force, and effect.

16.3  Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

17   Force Majeure

Dub Dub Data shall not be held liable for any delay or failure in performance under these Terms, or any interruption of the Platform, directly or indirectly resulting from acts of nature, forces, or causes beyond its reasonable control, including but not limited to internet or telecommunications failures, cyber-attacks, strikes, work stoppages, natural disasters, fires, floods, epidemics, governmental regulations or orders, wars, acts of terrorism, or any other event that makes the performance of Dub Dub Data’s obligations impractical or impossible (collectively, "Force Majeure Events").

In the event of a Force Majeure Event, Dub Dub Data reserves the right to suspend or terminate access to the Platform without prior notice or liability, provided that reasonable efforts are made to mitigate the effects of the Force Majeure Event on its operations.

 

18   Changes to these Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Platform after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Platform.