MixHub Terms and Conditions

MixHub acts as a disclosed agent and technology intermediary. When you place a Booking through the Platform, MixHub arranges that Booking on behalf of the Supplier as the Supplier's agent.

The resulting contract of supply is formed directly between you and the Supplier and is governed by the Supplier Terms. MixHub is not a party to that supply contract.

MixHub discloses its agency role by identifying the Supplier in the Booking Confirmation, making Supplier Terms available before or at Booking Confirmation, and opening the Booking Channel in the names of MixHub, the Customer, and the named Supplier.

MixHub earns a Platform Service Fee from Suppliers for Bookings facilitated through the Platform. The existence of this commercial relationship is disclosed here.

The amount of the Platform Service Fee is a confidential commercial matter between MixHub and each Supplier and is not disclosed to Customers. The confirmed price displayed to you is the total price you pay for the Goods; MixHub does not add any separate charge to the Customer.

MixHub is authorised by each Supplier to present, confirm, and collect payment at the price displayed on the Platform acting as the Supplier's disclosed agent.

Unless otherwise indicated, prices displayed on the Platform are exclusive of GST. GST will be added at checkout and shown on the Booking Confirmation and tax invoice.

Prices may vary by slot, time, volume, mix specification, delivery location, additives, surcharges, and other factors. The price applicable to your Booking is the price confirmed at the time of Booking Confirmation.

You must register for a MixHub account to place Bookings. You must provide accurate, complete, and current information at registration and keep it updated.

You must be 18 years of age or older and have authority to bind the business or other entity on whose behalf you are registering, or otherwise to place the relevant Booking.

When registering or placing a Booking, you must provide any business, trading, billing, delivery, or tax information reasonably requested by MixHub for the operation of the Platform and processing of Bookings.

The Platform is intended primarily for business and trade use. You must not represent yourself as a Trade Customer if that is not the case.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify MixHub immediately of any unauthorised use of your account.

You must not use the Platform:

• in breach of any applicable law;
• to make speculative, false, or fraudulent Bookings;
• to use the Platform, or information obtained through the Platform, to deliberately bypass MixHub in relation to a Booking, proposed Booking, or substantially related repeat order arising directly from a Supplier introduction made through the Platform;
• to reverse-engineer, scrape, or extract Platform data; or
• to impersonate any person or entity.

This does not prevent you from dealing directly with a Supplier where you had a genuine pre-existing relationship with that Supplier independent of the Platform, or where the dealing does not arise from a Booking or Supplier introduction made through the Platform.

MixHub may suspend, restrict, or terminate your access to the Platform, refuse a proposed Booking, or cancel a Booking where permitted under these Terms or the Supplier Terms, immediately and without prior notice where MixHub reasonably believes that:

• you have breached these Terms;
• information you provided is false, misleading, incomplete, or outdated;
• your account has been used, or is suspected of being used, for fraudulent, unlawful, abusive, or unauthorised activity;
• your use creates a security, technical, legal, reputational, or operational risk for MixHub, a Supplier, or another user;
• suspension, restriction, or termination is required to comply with law, court order, regulator, or law enforcement direction; or
• continued access is no longer commercially or operationally feasible.

Where reasonably practicable, MixHub will notify you of the general reason. Suspension or termination does not affect confirmed Bookings unless cancelled in accordance with these Terms or Supplier Terms, or any accrued rights, obligations, payments, charges, disputes, or liabilities.

You may stop using the Platform and close your account at any time by written notice to MixHub, but remain responsible for confirmed Bookings and amounts properly owing in connection with them.

MixHub may retain account records, Booking Channel Records, transaction records, and related information as required for legal, regulatory, operational, dispute resolution, fraud prevention, and record-keeping purposes.

When you submit a Booking request through the Platform, MixHub will, on behalf of the relevant Supplier, confirm availability and pricing for a nominated delivery session.

A Booking is not confirmed until you receive a Booking Confirmation. MixHub does not guarantee that any particular slot or Supplier will be available at the time of your request.

Upon payment authorisation, MixHub will issue a Booking Confirmation identifying the Supplier, confirmed delivery session, Goods specification, confirmed price, and a link to the Supplier Terms applicable to the order.

The Booking Confirmation is a record of the order as placed and does not constitute a representation by MixHub as to the Supplier's delivery obligations, timing, or performance standards. Those matters are governed by the Supplier Terms.

From Booking Confirmation, the supply contract is formed directly between you and the Supplier and is governed by the Supplier Terms.

By proceeding to Booking Confirmation, you agree that you have had the opportunity to review the Supplier Terms and agree to be bound by them.

MixHub is not a party to that supply contract and, to the maximum extent permitted by law, does not warrant, guarantee, or assume responsibility for the Supplier's performance, including delivery timing or Goods quality.

Nothing in this clause limits any rights or remedies that cannot lawfully be excluded.

Following Booking Confirmation, MixHub will use best endeavours to facilitate communication between you and the Supplier through the Booking Channel, including providing delivery timing updates where that information is made available to MixHub by the Supplier.

MixHub's facilitation role does not create any delivery performance obligation for MixHub. Any rights you have in respect of delivery timing or Goods quality are rights against the Supplier under the Supplier Terms.

Upon Booking Confirmation, MixHub will provide a shared communication channel through which the Customer, Supplier, and MixHub may communicate in relation to the Booking. The Supplier is identified by name within this channel, and the call function connects the Customer to the Supplier directly.

You acknowledge and agree that the Booking Channel Record is the definitive and exclusive record of the Booking and all instructions, amendments, variations, cancellation requests, and other communications relating to it.

No instruction, amendment, or request communicated outside the Booking Channel, including by telephone, email, SMS, or in-person communication, will be treated as a binding change to the Booking unless and until it is recorded and confirmed within the Booking Channel Record by the relevant party.

Where a Customer or Supplier communicates a change or instruction by telephone, MixHub will use best endeavours to ensure the substance of that communication is confirmed in writing within the Booking Channel as promptly as practicable.

The written confirmation in the Booking Channel Record, and not the telephone call itself, constitutes the binding instruction. In any dispute about what was communicated by telephone, the Booking Channel Record prevails.

MixHub will maintain the Booking Channel Record for at least 24 months from the date of the Booking. You may access the Booking Channel Record through your account for the duration of your account's active status.

In the event of a dispute, the Booking Channel Record may be made available to the relevant Supplier, legal representatives, or dispute resolution bodies.

MixHub may monitor and record Booking Channel communications, including call recordings made through the Booking Channel call function, for quality assurance, dispute resolution, and platform improvement.

By using the Booking Channel, you consent to such monitoring and recording. MixHub will handle any personal information collected through the Booking Channel in accordance with its Privacy Policy.

MixHub collects payment on behalf of the Supplier as the Supplier's authorised agent. Payment of the confirmed price to MixHub discharges your payment obligation to the Supplier in respect of that Booking.

MixHub will remit the relevant amount to the Supplier in accordance with the Supplier Agreement.

Payment is required at the time of Booking Confirmation. Accepted payment methods are displayed on the Platform from time to time.

For approved account customers, MixHub may offer invoice payment terms as agreed in writing.

MixHub may pre-authorise your payment method for an amount up to 15% above the confirmed price to accommodate adjustments for actual volume delivered, waiting time charges, or other service fees arising under the Supplier Terms.

MixHub will charge only the amount validly owing under the Supplier Terms and these Terms.

Unless otherwise indicated, prices displayed on the Platform are exclusive of GST.

Where MixHub collects payment as agent for the Supplier, the taxable supply of Goods is made by the Supplier. MixHub may issue a tax invoice, receipt, or other transaction record in connection with payment processing and collection as the Supplier's authorised agent.

MixHub's Platform Service Fee is a separate taxable supply made by MixHub to the Supplier.

If you believe you have been incorrectly charged, you must notify MixHub via the Booking Channel or by contacting support@mixhub.com.au within 7 days of the charge. MixHub will use best endeavours to investigate and resolve the dispute in accordance with clause 8.

Where a Booking or proposed Booking has been initiated through the Platform, you must use the Booking Channel for booking-related communications, changes, cancellation requests, and dispute handling, and must not seek to avoid the Platform's booking process in a way that defeats MixHub's role as disclosed agent.

The cancellation terms applicable to your Booking are set out in the Supplier Terms. MixHub will display the applicable cancellation deadline and a link to the Supplier Terms in the Booking Confirmation.

Unless the Supplier Terms specify otherwise, the standard cancellation deadline is 3:00pm on the business day prior to the scheduled delivery date. Cancellations after this deadline may incur a cancellation fee in accordance with the Supplier Terms.

The timestamp of the cancellation request in the Booking Channel Record is the determinative record for assessing whether the deadline has been met. Any cancellation fee payable is a matter between you and the Supplier under the Supplier Terms.

Where a Supplier is unable to fulfil a confirmed Booking, MixHub will use best endeavours to source an alternative Supplier for the same or equivalent delivery session.

If no alternative can be secured, MixHub will notify you promptly through the Booking Channel and arrange a full refund of any amount paid. MixHub's obligation in this circumstance is to use best endeavours and is not an obligation of result.

MixHub is not a party to the supply contract between you and the Supplier. Disputes concerning the quality, quantity, specification, or delivery of Goods are governed by the Supplier Terms and are a matter between you and the Supplier.

MixHub will use best endeavours to facilitate dispute resolution by providing access to the Booking Channel Record, liaising with the Supplier on the Customer's behalf, and escalating unresolved disputes to senior MixHub staff for review.

MixHub provides no counsel to either party beyond providing the Booking Channel Record and holds no final decision making or liability in relation to the disputed matters.

The Booking Channel Record is presumed to be accurate and complete. A party seeking to challenge its accuracy must demonstrate a documented failure of the Platform's technical infrastructure at the relevant time, as evidenced by MixHub's system logs.

If a dispute cannot be resolved through the Booking Channel within 5 business days of being raised, either party may request escalation to MixHub's dispute resolution team by contacting disputes@mixhub.com.au.

MixHub will use best endeavours to facilitate a resolution within a further 10 business days. MixHub's facilitation role does not make MixHub liable for the outcome of any dispute.

Before raising a formal complaint, claim, or legal proceedings in connection with a Booking, you agree to raise the issue through the Booking Channel and allow the Supplier a reasonable opportunity to respond, being a minimum of 48 hours in non-emergency circumstances, and to follow the escalation process in clause 8.3.

Nothing in this clause limits any rights you may have under the ACL.

MixHub's liability under these Terms is limited to its role as a technology platform and booking agent.

MixHub does not supply Goods, does not warrant the quality, fitness for purpose, or conformance to specification of any Goods, and is not responsible for the acts or omissions of any Supplier.

To the maximum extent permitted by law, MixHub's total aggregate liability arising out of or in connection with these Terms or the Platform, whether in contract, tort, under statute, or otherwise, is limited to the greater of the Platform Service Fee earned by MixHub in respect of the Booking giving rise to the claim and AUD $1,000.

This limitation applies only to liability arising from MixHub's own acts or omissions in providing the Platform and acting as disclosed agent. It does not make MixHub liable for the supply, quality, fitness for purpose, legality, specification, delivery, or performance of any Goods supplied by a Supplier.

This clause does not limit liability for fraud, wilful misconduct, or any liability that cannot lawfully be excluded or limited.

To the maximum extent permitted by law, MixHub excludes all liability for consequential, indirect, special, or punitive loss or damage, including loss of revenue, loss of profit, loss of data, loss of opportunity, or costs associated with remediation of a pour, whether arising in contract, tort, or otherwise.

Nothing in these Terms excludes, restricts, or modifies any right, guarantee, or remedy conferred by the Australian Consumer Law or any other law to the extent it cannot lawfully be excluded, restricted, or modified.

Where such law permits MixHub to limit its liability for services supplied by it, MixHub limits its liability to the resupply of those services or the cost of having those services supplied again.

Your rights in respect of the Goods, including rights arising under the ACL, the Supplier Terms, or otherwise, run against the Supplier, not MixHub.

MixHub will, on your request, provide reasonable assistance in asserting those rights, including providing the Booking Channel Record and Supplier contact details.

All intellectual property in the Platform, including software, algorithms, pricing models, design, content, and trade marks, is owned by or licensed to MixHub and is protected by Australian and international intellectual property laws.

No intellectual property rights are transferred to you by these Terms or your use of the Platform.

Aggregated, de-identified, and anonymised data derived from transactions on the Platform, including order patterns, pricing trends, and demand data, is the exclusive property of MixHub.

MixHub may use this data for platform improvement, pricing optimisation, and commercial purposes. MixHub will not disclose personal information about you or your orders except as set out in the Privacy Policy.

You must not scrape, extract, or systematically collect data from the Platform; reverse-engineer, decompile, or disassemble any part of the Platform; use the Platform to build or assist in building a competing service; or reproduce, distribute, or publish Platform content without MixHub's prior written consent.

Breach of this clause entitles MixHub to immediately suspend or terminate your account and, where the breach causes or is likely to cause harm to the Platform or MixHub's commercial interests, to seek injunctive relief without the requirement to demonstrate actual damage.

MixHub's collection, use, and disclosure of personal information is governed by its Privacy Policy, available at mixhub.com.au/privacy, which is incorporated into these Terms by reference.

By using the Platform, you consent to the collection and use of your personal information in accordance with the Privacy Policy.

To facilitate your Booking, MixHub will share with the relevant Supplier the personal and order information necessary to fulfil the Booking, including your name, contact number, delivery address, and order details.

Suppliers are required under the Supplier Agreement to handle your personal information in accordance with applicable privacy law.

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales.

MixHub may amend these Terms at any time by posting the updated Terms on the Platform.

We will endeavour to give you at least 14 days' notice of material amendments by notifying you via the Platform or by email. Your continued use of the Platform after the effective date of any amendment constitutes acceptance of the updated Terms.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be read down to the minimum extent necessary to make it enforceable, or severed if it cannot be read down, without affecting the remainder of these Terms.

These Terms, together with the Privacy Policy and any Booking Confirmation, constitute the entire agreement between you and MixHub in respect of your use of the Platform. They supersede all prior representations, understandings, and agreements.

These Terms are to be interpreted in light of the Platform's role as a trade-focused procurement and booking service operating as disclosed agent for Suppliers.

A reference in these Terms to the Platform being designed primarily for trade and business use does not exclude the application of any law that applies despite that positioning, including any non-excludable rights under the Australian Consumer Law.