Please read these Terms of Use (“Terms”) carefully before using the CNC3D Business platform. By creating an account, signing in, or using any part of the platform, you agree to be bound by these Terms. If you do not agree, you must not use the platform.
1. Who we are
The platform is operated by CNC3D (“CNC3D”, “we”, “us”, “our”), an Australian business based in Queensland. References to “the platform” cover the website at cnc3dbusiness.com, the desktop applications (CNC3D Commander, CNC3D Design Suite), our APIs, and any other services we provide under the CNC3D Business brand.
2. Your account
You must be at least 18 years old or the legal age of majority in your jurisdiction to create an account. You are responsible for everything that happens under your account, including all activity by team members or sub-users.
You must keep your account credentials secure and notify us immediately of any unauthorised use. We are not liable for losses caused by stolen credentials you failed to protect.
You agree to provide accurate, current and complete information when creating your account and to keep that information up to date.
3. The marketplace
The CNC3D Business marketplace is a venue connecting people who want fabrication work done (“buyers”) with people who can do that work (“fabricators”).
We are not a party to the contract between buyer and fabricator. We facilitate the introduction, the messaging, the file exchange, the NDAs and the escrow of payment. The work itself, the quality of the work, the delivery, the suitability of the part for any purpose, and all warranties associated with the work are between buyer and fabricator. We are not a manufacturer, contractor, agent or guarantor of any party.
You are responsible for assessing the suitability of any counterparty before entering into a contract with them. Verify their identity, capability, machinery, certifications and references as you would for any commercial transaction.
On a completed marketplace transaction we deduct a 5% platform fee from the awarded amount before releasing the remaining funds to the fabricator. The buyer pays only the bid amount they accepted (plus Stripe's card-processing fee, which is set by Stripe and is independent of us). Fabricators are responsible for pricing their bids so that the after-fee amount meets their commercial needs.
4. Escrow & payments
Marketplace payments are processed by Stripe Connect. When a buyer accepts a bid, the buyer pays the awarded amount into a holding account. Funds are released to the fabricator when the buyer confirms receipt of the goods, or when both parties otherwise agree, or when we determine release is appropriate following a dispute.
Disputes must be raised in good faith and with supporting evidence. We will mediate fairly but our determination is final for the purposes of escrow release. Either party retains the right to pursue independent legal action.
Subscription payments for the Business and Business Plus tiers are billed monthly in advance in Australian dollars. By providing your payment details you authorise recurring billing at the published rate. You may cancel at any time; access continues to the end of the current billing period and is not refunded except as required by Australian Consumer Law.
5. Acceptable use
You may not use the platform to:
- Post anything illegal under Australian law or the law of any jurisdiction in which you operate;
- Infringe any third party intellectual property right;
- Solicit, transmit or store malware, viruses or other harmful code;
- Harass, threaten, defame or impersonate any person;
- Attempt to gain unauthorised access to any system, account or data;
- Reverse engineer, decompile or attempt to extract source code from the platform except to the extent expressly permitted by law;
- Scrape, mass-download or otherwise extract data from the platform other than via APIs we expressly provide;
- Use the marketplace to launder money, evade tax, evade sanctions, or facilitate any other illegal financial activity;
- Misrepresent your capabilities, certifications or insurance status when bidding on work;
- Take a deposit or full payment outside the platform's escrow flow with the intent of avoiding our platform fee;
- Resell, rebrand or white-label the platform without a separate written agreement.
We reserve the right to suspend or terminate any account, or remove any content, that breaches these Terms or the separate Acceptable Use Policy.
6. Your content
You retain all rights in the files, designs, drawings, photos, messages, capability tags, organisational data and other content you upload to the platform (“Your Content”).
You grant us a worldwide, non-exclusive, royalty-free licence to host, store, transmit, display and process Your Content solely to operate the platform and provide it to you. This licence ends when you delete the content or close your account, except where retention is required by law or to resolve disputes.
When you post Your Content to the marketplace or share it with a counterparty, you grant that counterparty the rights they need to view, download, evaluate and (in the case of fabricators) manufacture from that content as required to perform their part of the transaction. This is the whole point of posting a job; do not post content you do not have the right to share.
You represent that Your Content does not infringe any third party right, is not defamatory, and is yours to upload.
7. Our content
The platform itself, including the software, the CNC3D and CNC3D Business branding, the website copy, the design system and the documentation, is the intellectual property of CNC3D or our licensors. You receive a limited, non-exclusive, non-transferable, revocable licence to use the platform for its intended purpose. You may not copy, modify, distribute, sell or sublicense any part of it.
8. Privacy
We handle personal information in accordance with our Privacy Policy and the Australian Privacy Principles (Privacy Act 1988 (Cth)). By using the platform you consent to the collection and use of your personal information as described in the Privacy Policy.
9. Disclaimers
To the maximum extent permitted by law, the platform is provided “as is” and “as available” without warranty of any kind, express or implied. We do not warrant that the platform will be uninterrupted, error-free, secure against every conceivable threat, or compatible with your specific machines, materials, or workflows.
Nothing in these Terms excludes or limits any guarantee, warranty or right under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be excluded or limited. Where our liability for breach of such a guarantee can be limited, our liability is limited (at our option) to re-supplying the relevant service or refunding the price paid for it.
10. Limitation of liability
To the maximum extent permitted by law, and subject always to clause 9:
- We are not liable for any indirect, incidental, special, consequential or punitive damages, lost profits, lost revenue, loss of data, loss of goodwill, business interruption, or substitute services, whether arising in contract, tort, negligence, statute or otherwise;
- Our total aggregate liability to you in connection with the platform, however arising, is limited to the greater of (a) the fees actually paid by you to CNC3D in the twelve months preceding the event giving rise to the claim, or (b) AUD 100;
- We are not liable for the actions, omissions, quality of work, delivery, warranties, payment defaults, or breaches by any counterparty you engage through the marketplace.
11. Indemnity
You agree to indemnify and hold harmless CNC3D, its directors, employees and agents from and against any claim, loss, damage, cost, liability or expense (including reasonable legal fees) arising out of or related to (a) your breach of these Terms, (b) Your Content, (c) your use or misuse of the platform, or (d) your interactions with any other user, including counterparty disputes.
12. Suspension and termination
We may suspend or terminate your account at any time, with or without notice, if we believe you have breached these Terms, present a risk to other users or to CNC3D, or where we are required to do so by law.
You may close your account at any time from the Settings page or by emailing us. On termination, your subscription stops at the end of the current billing period, your access to paid features ends, and we may retain or delete Your Content in accordance with our Privacy Policy and applicable law.
13. Changes to the Terms
We may update these Terms from time to time. We will publish the updated version on this page and update the “Last updated” date. Material changes will be notified by email or in-app notice. Continued use of the platform after a change constitutes acceptance of the updated Terms.
14. Governing law and jurisdiction
These Terms are governed by the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of Queensland and the federal courts of Australia for any dispute arising out of these Terms or the platform.
15. Contact
Questions about these Terms? Email solutions@cnc3d.com.au.
See also: Terms of Use · Privacy Policy · Refund Policy · Acceptable Use