Terms and Conditions

These Terms and Conditions (Terms) form the agreement between Tantzy Games Pty Ltd (Tantzy Games) ABN 57 152 947 030, and an individual or business (Partner) regarding the use of HereUGO.

Definitions

In this Agreement:
“HereUGO” is a mobile app, created by Tantzy Games.
“Customer” means a member of the public who uses HereUGO.
“Partner” means an individual or business connected to HereUGO, who may also provide products or services via HereUGO.
“Product” means the products or services provided by the Partner.

HereUGO provides a mobile platform for individuals and businesses, and enables customers to purchase products or services from them. When you become a partner of HereUGO, you acknowledge and agree to the terms and conditions below.

Agreed Terms

  1. Our services to you
    1.1 HereUGO provides a free, customizable listing for the Partner which may include images, descriptions and products.
    1.2 An introductory training session (via phone, video conference or in person).
    1.3 Marketing materials including counter displays, window stickers and a custom link and QR Code.
    1.4 Access to support via phone or email.
  1. Orders and Bookings
    2.1 The Partner authorizes HereUGO to facilitate orders or bookings for the Product, on behalf of the Partner.
    2.2 The Partner may charge a service fee in addition to the Product price.
    2.3 A 5% commission is payable on all orders or bookings made through HereUGO unless otherwise agreed by a promotion, trial period or special agreement.
    2.4 The Customer may pay for an order or booking in HereUGO or one of it’s integrated platforms. If payment has been made in HereUGO the Partner will receive payment (minus commission and Stripe fees) into their Stripe account as soon as the order is accepted.
  1. Cancellations and Refunds
    3.1 If HereUGO has facilitated an order or booking for the Product, and the Partner is then unable to supply the Product, the Partner may:
    3.1.1 Arrange with the Customer to provide Product of a similar standard and quality acceptable to the Customer
    3.1.2 Reject the order, which immediately releases the funds back to the customer
    3.1.2 Or if the booking has been made via a platform that does not provide the ability to reject a booking, the Partner must promptly provide a refund (less any platform fees).
  1. Partner responsibilities
    4.1 The Partner agrees to keep it’s information up to date via HereUGO or one of it’s integrated platforms. The Partner agrees that Tantzy Games is not liable for any information provided by the Partner.
    4.2 The Partner will ensure that its Product is provided to the highest possible standards and quality, and that its Product and business comply at all times with all applicable legal requirements.
    4.3 The Partner will ensure that staff are trained to operate HereUGO or manage HereUGO orders from their POS.
    4.4 If the Partner receives orders using HereUGO (instead of sending orders to a POS), the Partner will ensure that a device running HereUGO is switched on and connected to the internet during the Partner’s opening hours.
    4.5 The Partner agrees to fulfill all orders as quickly, or as close to the Customer’s specified order time, as possible.
    4.6 The Partner agrees to display marketing material provided by HereUGO.
    4.7 HereUGO may attend the Operator’s premises at a mutually convenient time. During this visit HereUGO may verify that the Operator is complying with clause 2.1.
  1. Customer Inquiries and Complaints
    The Partner must respond to any inquiry or complaint by a Customer, within 14 days of receipt.
  1. Indemnity and Insurance
    6.1 The Partner must indemnify Tantzy Games and hold HereUGO harmless, from and against any claim, demand, cost, loss or expense whether for personal injury, loss of property, breach of agreement, misrepresentation, breach of statutory duty, or any other cause whatsoever, in relation to the provision (or failure to provide) the Product.
    6.2 If the Partner is a business, it must take out and maintain during the term of this Agreement, a policy of public liability insurance with a reputable insurer, where the limits of such policy are consistent with industry practice.
  1. Sale of Partner’s Business
    If the Partner proposes to sell the whole of its business, or the assets used to run its business, or a controlling interest in the shares in its business, the Partner must give HereUGO written notice at least 14 days before the proposed sale, and upon such notice this Agreement will terminate automatically.
  1. Termination
    8.1 Tantzy Games may terminate this Agreement immediately by notice to the Partner:
    8.1.1 If the Partner commits an act of bankruptcy or becomes subject to any form of insolvency administration.
    8.1.2 If the Partner breaches this Agreement
    8.1.3 If the Partner ceases to provide Product
  1. General
    9.1 You grant Tantzy Games an unlimited license to use any intellectual property rights that you own or use (including your trademarks and photographs) for the purposes of providing its services.
    9.2 Tantzy Games may make a change to the terms and conditions of this agreement from time to time. The Partner will be notified of changes in their HereUGO dashboard.
    9.3 This agreement is governed by the laws of South Australia