Business terms

1. About these business terms

These business terms are between you and Roshan Uchai, a sole trader trading as Chaana, of Sydney, New South Wales ("Chaana", "we", "us"). They apply when you list a business on Chaana, turn on business tools in your account, claim a business listing, or buy Featured placement for a business listing or a job ad.

They add to our Terms of use and Privacy policy, which still apply to you. If these business terms and the Terms of use differ, these business terms apply to your business listings and Featured purchases.

If you accept these terms for a business, you confirm that you are authorised to do so for that business.

2. Your rights under Australian law come first

Nothing in these business terms excludes, restricts or changes any right or remedy you or your business have under the Australian Consumer Law, including the consumer guarantees and the unfair contract terms protections for small businesses, or under any other law that cannot lawfully be excluded. These terms apply only as far as the law allows.

3. Listing a business

• Listing a business on Chaana is free.
• You may list only a business that you own or are authorised to represent.
• Your listing must be accurate and kept up to date, including the name, category, address, contact details, opening hours, menu or catalog, prices and specials.
• Business listings are public. They appear on the public website and may be found and shown by search engines and other online tools that read public web pages. The street address is hidden by default and the map pin is approximate, unless you choose to show the full address.
• Only put business contact details on a listing (not a personal home address or private number you do not want public).
• You can add branches. Each branch is its own listing and must be a real location.
• At the time of writing, you can add up to 2 new business listings per day.

4. Licences, registrations and the law

You must follow every law that applies to your business, and hold every licence, registration, permit and insurance your business needs. Chaana does not check these. In particular:

• Migration advice may be given only by a registered migration agent or an Australian legal practitioner. Show your registration number on your listing.
• Tax agent and BAS agent services may be provided only by agents registered with the Tax Practitioners Board.
• Real estate, legal, financial, health, childcare, education-agent, food and trade services must hold the licence, registration or accreditation their state or federal law requires.
• Your advertising must not be false or misleading, including prices, "specials", discounts and claims about your services.
• Job ads you post must follow the Terms of use (section 7), including the Fair Work rules on minimum pay, and must not discriminate or charge job seekers.

We may ask you for proof of a licence or registration, and may remove or hide a listing if we reasonably believe the business is operating without one that the law requires.

5. Chaana Verified

• You can add your business's ABN. A Chaana admin checks it by hand, free of charge, on the public ABN Lookup. If the ABN is active and matches your business, your listing shows "Chaana Verified".
• "Chaana Verified" means only that the ABN was checked. It is not an endorsement, a quality rating, a licence check or a guarantee, and you must not describe it as any of those.
• We may remove the badge if the ABN is cancelled, no longer matches, or was entered falsely.

6. Specials, reviews and followers

• Specials must be genuine offers that you will honour, including any coupon code, until the end date you set or until you turn them off.
• Reviews: members can review your business (1 to 5 stars and text). You and anyone acting for you must not write reviews of your own business or a competitor's, offer or give anything in exchange for a review, ask only happy customers to review you in a way that hides negative experiences, or pressure anyone to change or remove a review.
• You may reply to a review, and report a review that breaks our rules. We will not remove a review just because it is negative. We remove reviews that break the Terms of use or the law (for example fake, abusive or defamatory reviews), after a person has looked at them. If you believe a review is defamatory, email us with the details (which review, why, and how to contact you) and we will review it and, where appropriate, remove or restrict it within 7 days. Reviews are the reviewer's own opinion, not Chaana's, and we do not edit them to change their meaning.
• We do not accept payment to remove, hide or reorder reviews. Paying for Featured does not change your reviews or star rating.
• Members who follow your business are told when you add a new item or special. Do not use this to send spam.
• Figures in your analytics (views, contacts, followers, badges) are estimates to help you. They may be incomplete and are not a promise of results.

7. Claiming a business

• If a business you own was listed by someone else, you can claim it from the listing. Tell us why you are the owner; we may ask for proof, such as an ABN or a business document.
• An admin approves or rejects the claim. If approved, the listing moves to your account.
• Making a false claim breaks rule G2 (No fake identity) in the Terms of use.

8. Customers' personal information

• Use the contact details of people who contact you through Chaana only to deal with their enquiry. Do not add them to a mailing list or send them marketing without their consent, as the Spam Act 2003 (Cth) requires.
• Keep any personal information you receive secure, and handle it lawfully under the Privacy Act 1988 (Cth) where it applies to you.
• Do not copy, scrape or export member information from Chaana.

9. Featured placement

What you buy. Featured (also called Spotlight) is a 7-day placement for one business listing or one job ad, in the suburb or suburbs you choose, or (for businesses) a whole state. A Featured listing shows a "Featured" badge, is clearly labelled as sponsored, and is shown near the top of results and in featured areas of the app. You are buying placement for that time, not a number of views, contacts or customers.

Paid placement is always labelled. Wherever a Featured listing appears, including when it is mixed into ordinary results or the feed, it is labelled so members can tell it was paid for. Other listings are ordered by things like distance, how recent the listing is and how complete it is.

What can be Featured. Business listings and job ads only. Rooms and "looking for" posts cannot be Featured.

Eligibility and limits. To keep Featured fair and useful, at the time of writing:

• the listing needs a phone number, a mapped address, a name or title of at least 3 words, and (for businesses) at least one photo; job ads need the pay filled in and must be less than 5 days old;
• a suburb needs at least 5 active listings of that type, with one Featured spot for every 5;
• at most 3 statewide business placements run at once;
• one active placement per listing, and one per account per suburb;
• a 7-day wait before re-buying the same spot when others are waiting.

If spots are full, you can join a free waitlist. When a spot opens you will be told and have 24 hours to buy it.

Price. The price is shown at checkout, in Australian dollars, before you pay, and is calculated by our server. The price you pay is the total price. If Chaana is registered for GST, prices include GST and we will give you a tax invoice; if we are not registered, no GST is charged. We may change our prices for future purchases at any time, but a price change never affects a placement you have already paid for.

Paying. Payment is by card through Stripe, in the Android app or on the website dashboard. The iOS app does not sell Featured; you can buy it from your dashboard on the website. Stripe processes your card under its own terms, and we never see or store your full card number. The placement starts once Stripe confirms the payment and our server has checked the amount.

Editing while Featured. While a placement runs, and for 24 hours after, you cannot change the listing's suburb, and changes to a job's title, industry or pay are logged. This stops a paid spot being moved to a different listing.

10. Refunds and credits

We do not give refunds just because you change your mind. You are always entitled to the remedies the Australian Consumer Law provides, and in addition:

• If a placement is not provided as described (for example, it did not start, it was not shown, or we charged you the wrong amount), tell us and we will fix it, extend it, or refund you.
• If we hide your listing by mistake (for example, reports that hid it are later dismissed), we will extend the placement by the time it was hidden, or refund the unused days if you prefer.
• If we stop offering Featured, or close your account for a reason that is not your breach, we will refund the unused days pro rata.
• If a payment fails, is cancelled or is not confirmed, no placement starts and you are not charged. If you are charged but the placement does not start, email [email protected] and we will start it or refund you.
• If you end a placement early by marking a job as filled, deleting the listing or deleting your account, the placement ends and unused days are not refunded.
• If we remove your listing, or pause or block your account, because you broke these business terms or the Terms of use, the placement ends and unused days are not refunded. If you think we got it wrong, you can ask for a review under section 10 of the Terms of use; if we reverse our decision, we will restore or refund the lost days.
• If you dispute a charge with your bank, the placement may be paused while the dispute is open.

Refunds go back to the card you paid with, usually within 5 to 10 business days after we approve them.

11. Your content and our licence

You keep ownership of your listing content, logo and photos. You give us the licence described in section 8 of the Terms of use. This includes showing your business listing on the public website, in search results, in the reviews widget you choose to place on your own website, and in Chaana's own promotion of the directory. You promise you have the rights to everything you upload, including photos, logos and menu text.

12. Rules for businesses

On top of the community rules in the Terms of use (G1 to G7 and P1), you must not:

• list a business you do not run (G2);
• post misleading prices, offers, opening hours, qualifications or claims, including false tags such as "Nepali staff" (G4);
• post duplicate listings, or use branches to pretend to be extra businesses (G5);
• post fake reviews, or offer rewards for reviews (G4);
• ask customers for payment before an agreed service in a way that breaks rule G1;
• use customer details from Chaana for anything other than answering that customer (P1).

If you break these rules, we may remove the listing or give a warning, pause or block as set out in the Terms of use. What we do will be in proportion to the breach.

13. Liability

Subject to section 2:

• you are responsible for your business, your dealings with customers and job seekers, and everything you publish on Chaana;
• where our liability for failing to meet a consumer guarantee can lawfully be limited (for example because the service is not of a kind ordinarily acquired for personal, domestic or household use), it is limited, at our choice, to supplying the placement again or refunding what you paid for it;
• otherwise, and to the extent the law allows, our total liability to you in connection with Featured placement is limited to the amount you paid for the placement concerned, and neither of us is liable to the other for loss of profits, revenue or customers, or for loss that was not reasonably foreseeable.

These limits do not apply to liability that cannot be limited by law, to death or personal injury caused by negligence, or to loss caused by fraud or wilful misconduct.

You are responsible for loss that we or others suffer because of a claim that your listing, content or conduct breaks the law or someone else's rights (for example a copyright or misleading advertising claim), except to the extent we caused or contributed to the loss.

14. Changes to these business terms

• We may update these business terms. Each version has a version number and a date, and business tools may ask you to accept the new version before you keep using them.
• For a change that could disadvantage you, we will tell you at least 30 days before it takes effect, by email or in your dashboard, unless the change is needed sooner to comply with the law or keep people safe.
• A change never affects a placement you have already paid for. If you do not agree with a change, you can stop using business tools or delete your listings before it takes effect, and we will refund any unused Featured days pro rata.

15. Ending

• You can stop at any time by deleting your listings, turning off business tools, or deleting your account.
• We can end these business terms for your account if you seriously or repeatedly break them or the Terms of use, as set out in the Terms of use. We may also end them for any other reason with at least 30 days' notice, and will then refund any unused Featured days pro rata.

16. General

These business terms are governed by the laws of New South Wales, Australia, and section 19 of the Terms of use applies to them. If you have a problem, please email us first so we can try to fix it. We will reply within 14 days.

17. Contact

Roshan Uchai, trading as Chaana, Sydney NSW Email: [email protected]