Terms of Service

Updated 12 July 2023

1. Welcome to Goodscast

Goodscast is a peer-to-peer social marketplace which allows users to buy and showcase items using the Goodscast application (the “Service”). The Service is operated by EnterOffer Pty Ltd, incorporated and registered in Australia under the company number ACN 620 236 553 (“we”, “our”, or “us”).

2. Interpretation

1. We refer to our app as "Goodscast";
2. references to "we", "our", "us" are references to EnterOffer Pty Ltd, the operator of Goodscast;
3. "Content" means any material uploaded to Goodscast by any User (whether a Creator or a User), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
4. "Creator" means a User who has posted Content on Goodscast to be viewed by other Users;
5. "User" means any user of Goodscast (also referred to as "you" or "your").
6. "Referring User" means a User who participates in the Goodscast Referral Program;
7. "Items" means products tagged in a Creator's listing;

3. Your relationship with us

This document and any documents referred to within it (collectively, the “Terms of Service” or "Terms of Use") set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Service. If there is anything within them that you do not understand, then please contact us at [e-mail]. By setting up an account with us and/or using and accessing the Service, you agree to and accept these Terms of Service in their entirety. If you do not agree to these Terms of Service, you must discontinue to use the Service immediately.

4. Information about you and your privacy

Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use and share information about you.

5. Setting up an account

1. To access our Service, you must register with us and set up an account with a phone, email, and password (your “Account”). We encourage you to use “strong” passwords (passwords that use a combination of uppercase and lowercase letters, numbers, and symbols) with your Account.
2. You must be at least 18 years of age and capable in your country of residence of entering into a legally binding agreement to use our Service. Goodscast does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to register for the Service. Goodscast is a General Audience Site and the Service and its content are not directed at children under the age of 13. Children under the age of 13 are prohibited from providing any personal information to the Site. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible.
3. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at [e-mail].
4. You must have a residential address in Australia, Canada, the United States, or the United Kingdom.

6. Goodscast and payments

1. Our Service allows you to buy and showcase items in an easy way.
2. You can showcase items through our Service by publishing a video of the Item you want to showcase (“Listing”). When a user of the Service purchases items from a Listing, this is a “Sale Transaction”.
3. Sale Transactions may only take place via Goodscast (via Stripe).
4. Goodscast via Stripe: Goodscast Payments operate using Stripe, a third-party service provider for payment services. Your use of Goodscast Payments via Stripe through our Service is subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”) and you agree to be bound by the Stripe Services Agreement, as the same may be amended by Stripe from time to time. As a condition of Goodscast enabling payment processing services through Stripe, you agree to provide Goodscast accurate and complete information about you and your Goodscast account. By using Stripe, you hereby consent and authorize Goodscast and Stripe to share any information and payment instructions you provide to the extent required to complete payments via the Service.
5. Any agreement for and/or purchase of an Item is made solely between you and the associated merchant. Merchants have, at all times, total discretion to set prices. Complaints, questions and claims related to an Item should be directed to the merchant.
6. As we are not the creator of any Listings, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of Listings, the truth or accuracy of any picture or description of the Listings or any other content made available by users, the ability of creators to sell Listings, the ability of buyers to pay for them or that a buyer or creator will actually complete a transaction or return the Listing, and we have no liability in this respect. Creators are responsible for ensuring that any age-restricted Listings are marked clearly with the applicable age restriction (as required by law) and Buyers agree that they shall not attempt to purchase Listings if they are younger than the advertised and legal age restriction.

7. Your right to use the Service

1. The intellectual property rights in all materials and content comprising Service, including but not limited to images, written content and designs on each page of the Goodscast application and website, either belong to us or we have permission from the owner to use them to provide Goodscast. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the Service in accordance with these Terms of Service.
2. Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Goodscast does not stop us from giving other people the right to use Goodscast.
3. Other than as allowed in these Terms of Service or by us in writing, you are not given the right to use the “Goodscast” name, or any of the “Goodscast” trademarks, logos, domain names and other distinctive brand features, all of which are intellectual property rights that belong to Goodscast.
4. These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licences in respect of Goodscast’s materials and content, the Service, Goodscast name and/or trademarks, other than as set out in these Terms of Service.

8. Your content

1. You confirm that images, sounds, text or information that you submit or create (“User Content”) whilst using the Service will meet the Rules of Acceptable Use (Section 8).
2. You grant us a worldwide, non-exclusive, royalty-free, irrevocable and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence, assign, transfer and exploit the User Content (including any intellectual property rights therein) anywhere and in any form for the purposes of providing our Service or for any purpose in connection with the operation of our business.
3. Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in our Privacy Policy.
4. We do not check or moderate any User Content before it is added to Goodscast by users. We may later check, moderate, reject, refuse or delete any User Content if we think that it breaks any of the Rules of Acceptable Use, or we believe it is against the ethos of Goodscast.

9. Rules of Acceptable Use

1. In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use”).
2. You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
3. Except as otherwise required by law, you are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to your sales of items through Goodscast. You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with this.
4. When using Goodscast you must not:

(i) Create more than one Account on the Service.
(ii) Give any false or misleading information in your Account details.
(iii) Permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorised by you.
(iv) Use the Service if we have suspended or banned you from using it.
(v) Send junk, spam or repetitive messages.
(vi) Engage in any illegal or unlawful conduct including selling, showcasing or intentionally purchasing any fake or counterfeit items or any item that otherwise breaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of Listings (including but not limited to import and export rules and illegal products, the listing of any age restrictions, distance selling and cooling off rights which may apply to a Listing where the seller is a business).
(vii) Modify, interfere, intercept, disrupt or hack the Service.
(viii) Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment.
(ix) Collect any data from the Service other than in accordance with these Terms of Service.
(x) Submit or contribute any User Content (including comments and descriptions relating to Listings) that contains unlawful content, nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory, racist, homophobic, or uses bad or rude language, as Goodscast may decide in its absolute discretion.
(xii) Submit or contribute any User Content without the permission of the content owner, or otherwise infringe the copyright, trademark or other rights of third parties (which includes using hashtags for protected brands, in connection with your listing, that are irrelevant to such listing). 

(xiii) Offer to sell, showcase or buy any of the items we list as prohibited items - items - Goodscast has a zero tolerance policy on using the Service to promote, advertise or sell drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related products.
(xvi) Submit or contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
(xvii) Mine data, screen scrape or crawl any part of the Service.
(xviii) Disassemble, decompile or reverse engineer any part of the Service.
(xix) Adapt, copy, vary, edit, distribute or commercialise any content in the Service without the prior written consent of Goodscast.
(xx) Circumvent any technical measures implemented to protect or provide the Service.
(xxi) Use the service to drop ship

5. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):

(i) immediate, temporary or permanent withdrawal of your right to use our Service;
(ii) immediate, temporary or permanent removal of any User Content (including the removal of Listings listed on the Service);
(iii) issuing of a warning to you;
(iv) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(v) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

6. We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation we may temporarily withdraw your right to use our Service or remove User Content (including the removal of Listings listed on the Service) without notice to you.

10. Notice and takedown policy

1. Any person may contact us by sending us an “Infringement Notice” if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent by email to [e-mail]. Please provide the information described below in the Infringement Notice:

(i) your name and contact details;

(ii) a statement explaining in sufficient detail why you consider that the content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use; and

(iii) a link to, or such other means of identifying the problematic content.

1. We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.

11. Creator commission

1. We will pay Creators five percent (5%) commission on any sales generated by Users purchasing Items directly from the Creator's Listing via the Goodscast checkout. This amount is inclusive of any applicable taxes.
2. We will pay Creators eighty percent (80%) of the tip value they receive from their Listing.
3. Creator payment is made in the form of credit to their Goodscast account. This amount may be withdrawn to their bank account contingent on successfully connecting their bank account using our service provider Stripe.

12. Ending our relationship

1. If at any time you decide you can no longer agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
2. If you wish to end your use of the Service:

(i) login to your Goodscast account, click “Delete Account” in Settings and confirm you wish to delete your account by clicking “Yes” or;

(ii) contact us at [e-mail] from the email address linked to your account and ask us to deactivate your Account. Where such request comes from someone who is not the account holder, we may ask you to provide proof of who you are and your relationship to the User in question, and any other documents we may reasonable require.

3. We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Service including these Terms of Service.
4. We may also withdraw the Service for any reason, without notice, at any time and without any liability to you.
5. If you or we end your use of the Service or we withdraw the Service as described in this clause, we may delete or modify your User Content, Account or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or your User Content. We will not offer you compensation for any losses. You should note that even if your Account is deactivated, some of your data may persist and appear within the Service, for example where your User Content has been re-shared by others.

13. Our liability / responsibility to you

1. You alone decide whether to proceed with a sale or purchase of Items from a Listing. As such, we make no commitments regarding the Items including the quality or delivery of the Items, or for honouring (or causing any seller to honour) any erroneous information regarding the price, description and availability of, or any information relating to any Items promoted or available through our Service, or the ability of the buyer to complete any purchase of the Items.
2. Although it is our intention that the Service is available as much as possible, there may be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. The Service and any content contained therein (including User Content) is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by, or be expressed by, applicable law. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
3. Goodscast is not responsible or liable for any loss or harm caused by viruses, worms or other programmes designed to impair the Service.
4. You may be able to access third party links/websites/products via the Service. Goodscast is not responsible or liable for any third party links/websites/products which may be accessed by you at your sole option. Your access to and use of such third party links/websites/products and services shall be solely at your own risk and subject to your acceptance and compliance with the separate terms and conditions of such third party.
5. To the maximum extent permitted by the law, our total responsibility for any claims relating to a Sale Transaction is limited to the Commission payable in connection with that Sale Transaction.
6. For any other claims arising out of the provision of the Service (including without limitation any dispute between users where this does not fall within paragraph 5 above, in relation to any content you access via the Service, or any other user you interact with), we do not accept any responsibility whatsoever (whether arising in contract, tort otherwise), except where we cannot disclaim, exclude or limit responsibility by law (such as death and/or personal injury caused by our negligence).
7. We will never be responsible for any loss or damage that is not reasonably foreseeable and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation.

14. Your responsibility to us

1. If Goodscast is sued due to an action or inaction by you (including a breach of these Terms of Service) then we have the right, at our discretion, to request that you indemnify us (i.e. cover all our costs including legal fees) and hold us harmless from any legal claim or demand for expenses or costs that arises as a result. Where we decide to conduct the defence of such claim, you agree to assist us as reasonably requested.

15. Resolving disputes

Disputes with us

1. If you have a dispute with us relating to the Service, in the first instance please contact us via email at [e-mail] and attempt to resolve the dispute with us informally.

16. Shipping

1. The merchant is responsible for the shipment of any purchased Items from the User.
2. Goodscast shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through the carriage and/or delivery of any shipments and the seller must satisfy themselves as to whether any of these charges will become due, and if so in what amounts.

17. Changes to the Service

1. We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service “changes to the Service”. These changes to the Service may affect your past activities on the Service, features that you use and your User Content “Service Elements”. Any changes to the Service could involve Service Elements being deleted or reset.
3. You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service or deactivate your Account by:

(i) login to your Goodscast account, click “Delete Account” in Settings and confirm you wish to delete your account by clicking “Yes” or;

(ii) contact us at [e-mail] from the email address linked to your account and ask us to deactivate your Account. Where such request comes from someone who is not the account holder, we may ask you to provide proof of who you are and your relationship to the User in question, and any other documents we may reasonable require.

18. Changes to these Terms of Service

1. We may revise these Terms of Service from time to time and any changes will take effect after 3 days of any notification email sent to you notifying you of any changes, or at the time the revised Terms of Service are posted (whichever is the earlier) and your continued use of the Service shall constitute acceptance of such revised Terms of Service.
2. Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
3. We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.
4. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.

19. Documents that apply to our relationship with you

1. The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
2. We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
3. If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.

20. Law and general provisions

1. As we are based in Australia, Australian law will apply to all disputes and the interpretation of these Terms of Service. The Australian courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service. These Terms of Service do not exclude any mandatory legal rights you may have or obligations Goodscast may have in your country of residence, where Goodscast is not allowed to exclude such as a matter of law.
2. We may assign any of our rights and obligations under these Terms of Service.
3. These Terms of Service do not create an agency, partnership, employment or joint venture relationship between you and Goodscast.
4. Goodscast will not be liable for any delay in performing or failure to perform its obligations caused by any force majeure event. In those circumstances Goodscast will be granted a reasonable extension of time for the performance of its obligations, the reasonableness of that extension to be assessed in the context of these Terms of Service and Goodscast’s other commitments.

21. Contact, feedback and complaints

1. If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please contact us via email at [e-mail]
2. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.

 

22. Referral program

1. Introduction: These Referral Program Terms are additional terms which apply if you use the Goodscast Referral Program. These Referral Program Terms form part of your agreement with us.

2. Interpretation: In these Referral Program Terms defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:

   1. "Referring User" is also referred to as "you" or "your" in these Referral Program Terms;

   2. "Referred Creator" means the person who joins Goodscast as a Creator via the Referring User's unique referral link.

3. Goodscast offers a Referral Program by which existing Users can introduce people who are interested in becoming Creators to Goodscast and receive referral payments from Goodscast which are calculated and limited as described in these Referral Program Terms.
4. Goodscast makes no promises or guarantees that any user will earn money from the Referral Program.
5. It is illegal for us or for a participant in the Goodscast Referral Program (including Referring Users and Referred Creators) to persuade anyone to make a payment  by promising benefits from getting others to join the Goodscast Referral Program. Do not be misled by claims that high earnings are easily achieved from participation in the Goodscast Referral Program.
6. The rules of the Goodscast Referral Program:
   1. Only Users of Goodscast with a current User account can participate in the Goodscast Referral Program. If a User's account has been suspended or terminated by us for any reason or deleted by the User, that User will not be eligible to participate in the Goodscast Referral Program.
   2. You will need on your User account page to add a bank account in order to receive referral payments under the Goodscast Referral Program.
   3. Each User has a unique referral link (which can be accessed via the User's User account) which the User may share with others. When sharing your unique referral link you must not impersonate Goodscast or give the impression that your referral link is being shared or promoted by us. You must not use Google Ads or any similar advertising platform or search engine advertising service to share or promote your unique referral link. Upon our request, you must disclose the methods by which you share your unique referral link.
   4. The Referred Creator must click on your unique referral link and then register with Goodscast using the same browser that they used to click on your unique referral link. If someone registers with Goodscast other than by using your unique referral link, we will not link that account to your referral and no referral payments will be made to you.
   5. The Referred Creator must not have opened a User account with Goodscast (whether under the same name or another name) before clicking on your unique referral link. If the Referred Creator is currently or has previously been a User of Goodscast no referral payments will be made to you for the referral.
   6. If the Referred Creator sets up more than one User account referral payments will be made to you on the earnings made by the Referred Creator from their first User account only. No referral payments will be made to you on any further User accounts set up by the Referred Creator.
   7. No referral payments will be made to you on any referral of a Referred Creator which we determine is owned or operated by you, or is in a commercial relationship with you. You will provide any information which we request to enable us to determine whether the Referred Creator is owned or operated by you or if there is a commercial relationship between you and the Referred Creator.
   8. You agree that when promoting Goodscast in any way as a Referring User:
      1. you will not give a false impression of Goodscast, the services, programs, and content (including Content) made available through Goodscast, its Users or the Terms of Service; and
      2. you will not make any statements which suggest to a potential Creator that the potential Creator will make a particular sum of money (or any money) from their use of Goodscast, or any statements regarding the likely number of Followers.
7. Referral payments:
   1. Once a Referred Creator has become a registered User of Goodscast in accordance with the rules of the Goodscast Referral Program described above, the Referring User will be paid a referral payment equal to five per cent (5%) of received Creator Payments generated by the Referred Creator.
   2. If you are a Referring User you should know that all referral payments payable to you by us will be inclusive of any taxes of the country of which you have a tax obligation to.
   3. In order to be able to receive referral payments you must first successfully fully connect a bank account to your Goodscast account. This means you also passed Stripe's KYC checks. Goodscast is not liable for issues Users face connecting a bank account to Goodscast.
   4. Referred payments from Tips will be credited to your account as soon as they are earned by your Referred Creator and are available straight away for withdrawal. Referred payments from Commissions will be credited to your account as soon as they are earned by your Referred Creator and are available 30 days after earning for withdrawal.
   5. Who bears the cost of the referral payment? The cost of the referral payment is borne by us, not the Referred Creator.
8. Our rights relating to the referral program:
   1. If referral payments have been made incorrectly then we have the right to recover the wrongly paid sums from the User to whom the wrongly paid sums have been paid.
   2. We may request you or Referred Creators (or both) to provide us with ID and other information reasonably required by us to verify any referral payment to be made and the person to whom any referral payment should be made. Failure to provide any information requested by us may lead to you losing your entitlement to referral payments in respect of the relevant Referred Creator.
   3. We may change any aspect of the Goodscast Referral Program (including how referral payments are calculated) or discontinue the Goodscast Referral Program at any time, but no change will deprive any Referring User of referral payments already earned based on User Payments made to Referred Creators before the changes came into effect.
9. Circumstances in which we may withhold referral payments:
   1. We may withhold all or any part of the referral payments due to you but not yet paid out:
      1. if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
      2. if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
      3. if we suspect that all or any part of the referral payments due to you result from unlawful or fraudulent activity, either by you, by the User who made the Payment to the Referred Creator which resulted in the referral payment, or by the Referred Creator to whom the User Payment was made which resulted in the referral payment,
   2. We may also withhold all or any part of the referral payments due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on, referral payments. We undertake no duty to pay referral payments to third-party lien-holders and may withhold payment of Creator Earnings until the lien has been removed.
   3. We shall not have any responsibility to you if we withhold or forfeit any payment due to you under the Goodscast Referral Program where we have a right to do so under these Referral Program Terms.
   4. If we are withholding all or any part of the referral payments due to you and we determine that part of the referral payments withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the referral payments which is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all referral payments due to you but not yet paid and we may set off such amounts against any losses suffered by us.