1. Acceptance of Terms
By accessing or using Stakk ("the Platform," "we," "us," or "our"), operated by NATHAN FIELD, sole trader, trading as STAKK STORE, including our website at stakk.store and any related services, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not use the Platform.
These Terms apply to all users of the Platform, including creators who sell products ("Sellers") and individuals who purchase products ("Buyers"). By creating an account or making a purchase, you represent that you are at least 18 years old and have the legal capacity to enter into a binding agreement.
2. Platform Role and Relationship
Stakk is a technology platform that connects Sellers and Buyers. Stakk is NOT a party to any transaction between Sellers and Buyers. All transactions are contracts solely between the Seller and the Buyer. Stakk facilitates these transactions by providing the marketplace infrastructure but makes no representations or warranties about any products sold on the Platform.
Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and Stakk. Sellers are independent operators and are not employees, agents, partners, or representatives of Stakk.
3. Account Registration and Responsibilities
To use certain features of the Platform, you must create an account. When you create an account, you agree to:
- Provide accurate, current, and complete information during registration
- Maintain and update your account information to keep it accurate
- Maintain the security of your password and account credentials
- Accept responsibility for all activity that occurs under your account
- Notify us immediately of any unauthorized access to your account
You may not create an account using false or misleading information, or on behalf of another person without their permission. Each person or entity may maintain only one Stakk account unless expressly authorized by us.
Usernames are given out at Stakk's discretion. We may reclaim or reassign a username that impersonates a person, brand or Stakk itself, or that is on our reserved list.
4. Seller Obligations
As a Seller on Stakk, you agree to:
- Sell only digital products and services that you have the legal right to sell, priced between $1 and $999
- Provide accurate product descriptions that truthfully represent what the Buyer will receive
- Deliver products promptly upon purchase unless otherwise clearly stated
- Comply with all applicable laws, including consumer protection, tax, intellectual property, and data protection laws
- Set and honor your own refund policy as communicated to Buyers
- Not engage in deceptive marketing, including misleading income claims, fake testimonials, or "get rich quick" schemes
- Not sell prohibited products or services. Our Acceptable Use Policy contains a full, itemised list of prohibited products, content, and business types - covering regulated goods, financial services, gambling, adult content, deceptive schemes, and infringing material. Many of those restrictions are imposed by our payment processor and the card networks and apply regardless of local legality. You are responsible for reading that list before you list a product.
All responsibility for product quality, delivery, legality, accuracy of descriptions, and customer satisfaction rests entirely with the Seller. Stakk has no obligation to verify, review, or guarantee any products listed on the Platform.
5. Buyer Acknowledgments
As a Buyer on Stakk, you acknowledge and agree that:
- All purchases are made directly from the Seller, not from Stakk
- Stakk does not endorse, guarantee, or warrant any products sold on the Platform
- Refund policies are set by individual Sellers, and Stakk has no obligation to issue refunds or to mediate disputes. This does not affect rights that your own mandatory local consumer law gives you, which always apply - including where a product is not received or is materially not as described. See the Refund Policy in our Transaction Terms, which sets out the full position and takes precedence over this summary.
- Any disputes regarding products are between you and the Seller
- You are responsible for evaluating the suitability of any product before purchasing
6. Payments, Fees, and Payouts
Stakk has no monthly or setup fee. The only charge is the per-sale fee below.
Transaction Fees: Stakk charges an all-in fee starting at 10% + $0.50 per sale, deducted from the sale at the time it is processed. This figure is inclusive of payment processing and is made up of two parts:
- Stakk's platform fee: 7.1% + $0.20 per sale. This is Stakk's own share. It does not change with the buyer's card or country. The one exception is a Discover sale, below.
- Stripe's payment processing fee. Charged by Stripe directly to the Seller's connected Stripe account. The 10% + $0.50 figure assumes Stripe's standard published rate of 2.9% + $0.30 per successful transaction. Stakk does not set, control, or receive any part of this fee.
Why the total can vary: Stripe's rate depends on the buyer's card and country, so the Seller's total deduction may be lower or higher than 10% + $0.50:
- Lower where Stripe's rate is below 2.9% + $0.30 - for example many domestic card transactions in the UK, EEA and Australia.
- Higher where Stripe's rate is above 2.9% + $0.30 - for example international cards and cross-border transactions.
- Higher again where currency is converted. Products are sold in US dollars. Where the Seller's Stripe account settles in another currency, Stripe applies a conversion fee of approximately 2% in addition to its processing fee. A Seller outside the United States settling in their local currency should expect a total deduction of approximately 12% rather than 10% + $0.50. Stakk receives no part of any Stripe fee.
Stakk's own share is unaffected by any of these. The Seller will see two separate line items in their own Stripe account - Stripe's processing fee and Stakk's platform fee - which together make up the total deduction. Stripe's current rates are published at stripe.com/pricing.
Discover sales: Products are listed on Stakk's Discover page (stakk.store/discover) by default, and there is no setting to remove them. Where a Buyer first finds a product on Discover and buys it within 90 days of clicking through, the sale is a Discover sale and the all-in fee is 30% + $0.50 per sale, inclusive of payment processing, in place of the fee above. On a Discover sale Stakk's platform fee is 27.1% + $0.20; Stripe's processing fee and any currency conversion fee apply as above. A Buyer who had already seen the product before reaching it through Discover - for example from the Seller's own link - is not a Discover sale, and where Stakk cannot show that Discover introduced the Buyer, the standard fee applies. The Discover fee covers the whole charge, including any order bump on it, and like every Stakk fee it is not returned on a refund.
Currency: All products on Stakk are listed and charged in US dollars (USD). Where a Seller's connected Stripe account settles in a different currency, Stripe converts the funds at payout and applies its own currency conversion fee, which is charged by Stripe directly to the Seller and is in addition to the figures above. Stakk does not set, control, or receive any part of that conversion fee, and Stakk's platform fee is unaffected by it.
Fees are non-refundable. Stakk's platform fee is earned when a sale completes and is not returned if the Seller subsequently refunds the Buyer, in whole or in part. The fee pays for the sale having been facilitated - storefront, checkout, delivery and payment infrastructure - and that service is not undone by a later refund. Stripe likewise does not return its processing fee on a refunded payment. A Seller who refunds a Buyer refunds the full amount the Buyer paid, and bears Stakk's fee and Stripe's fee on that transaction. See the Transaction Terms for the full refund position.
All payments are processed through Stripe. By using Stakk's payment features, you agree to Stripe's Terms of Service. Stakk is not a payment processor and is not responsible for payment processing errors, delays, or failures.
Fee Changes: We may change our transaction fees with at least 30 days' advance notice.
7. Payouts, Enforcement and Chargebacks
Stakk never holds Seller funds. Stakk uses Stripe Connect with direct charges. The Seller is the merchant of record, the Buyer's payment goes into the Seller's own connected Stripe account, and Stripe pays the Seller out directly, on Stripe's own schedule, under the Seller's agreement with Stripe. Stakk operates no payout schedule, holds no Seller balance, and cannot withhold, delay, schedule, release or reverse funds in a Seller's Stripe account.
Where we suspect fraud, misrepresentation or a breach of these Terms, where a Seller's account is under investigation, or where we are required to act by law, Stakk may suspend or end the Seller's ability to sell on the Platform, remove listings, and report the conduct to Stripe. Stripe may then take its own action on the Seller's Stripe account under its agreement with the Seller. Any hold, reserve or reversal of funds is Stripe's decision and not Stakk's.
Chargebacks are the Seller's responsibility. Because the Seller is the merchant of record, a disputed amount and any dispute fee are charged by Stripe directly to the Seller's own Stripe account. If that account does not hold sufficient funds, the Seller remains liable for the outstanding amount. Stakk will provide the transaction and delivery evidence it holds to help the Seller respond, but does not manage, fund or decide disputes.
8. Intellectual Property
Sellers retain ownership of all content and products they upload to Stakk. By uploading content, you grant Stakk a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content solely as necessary to operate and promote the Platform.
Any feedback, suggestions, or ideas you submit to Stakk become the property of Stakk and may be used without compensation or attribution.
The Stakk name, logo, and all related marks are trademarks of Stakk. You may not use our trademarks without prior written consent.
9. Content Moderation and Enforcement
Stakk reserves the right, but has no obligation, to monitor, review, or remove any content on the Platform. We may take action against content or accounts that violate these Terms, including but not limited to:
- Issuing warnings
- Removing content or products
- Suspending or terminating accounts, including a Seller's ability to sell
- Reporting the conduct to our payment processor, Stripe
- Reporting violations to law enforcement
10. Account Termination
Stakk reserves the right to modify, suspend, or terminate any user's access to the Platform at any time, for any reason, with or without notice, at our sole discretion. We will not be liable to you or any third party for any modification, suspension, or termination of access.
You may terminate your account at any time. Upon termination, your right to use the Platform ceases immediately. Money from your completed sales is not affected by closing your Stakk account: it is already in your own Stripe account, not with Stakk, and Stripe pays it out to you on Stripe's schedule under your agreement with Stripe.
11. Disclaimer of Warranties
THE PLATFORM AND ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, STAKK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
STAKK DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STAKK MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, OR PRODUCTS AVAILABLE ON OR THROUGH THE PLATFORM.
STAKK DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY SELLER THROUGH THE PLATFORM.
Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee or right that applies under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded by agreement. To the extent that Stakk's liability cannot be excluded, Stakk's total liability to you is limited to re-supplying the relevant services or paying the cost of having the services re-supplied.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STAKK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM.
IN NO EVENT SHALL STAKK'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE AMOUNT YOU HAVE PAID TO STAKK (NOT TO ANY SELLER) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF STAKK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Indemnification
You agree to indemnify, defend, and hold harmless Stakk and its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:
- Your use of or access to the Platform
- Your violation of these Terms
- Your violation of any rights of another party, including any Buyer or Seller
- Any content or products you upload, sell, or distribute through the Platform
- Any dispute between you and a Buyer or Seller
14. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Informal Resolution: Before initiating any formal proceedings, you agree to first contact us at help@stakk.store and attempt to resolve the dispute informally for at least 30 days.
Mediation: If the dispute cannot be resolved informally, the parties agree to attempt mediation administered by a mutually agreed mediator before commencing any court proceedings.
Arbitration: If mediation fails, any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Arbitration Rules. The seat of arbitration shall be Sydney, New South Wales. The arbitration shall be conducted by a single arbitrator. The language of the arbitration shall be English.
Individual Claims: To the maximum extent permitted by law, you agree to bring claims against Stakk only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
Nothing in this section prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Australia and the State of New South Wales. Any legal proceedings not subject to arbitration shall be brought exclusively in the courts of New South Wales, Australia.
16. Electronic Communications
By creating an account, you consent to receive communications from us electronically, including emails, notifications, and messages within the Platform. You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
17. Changes to These Terms
We may update these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Platform after any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Platform.
18. General Provisions
- Entire Agreement: These Terms, together with our Privacy Policy, Cookie Policy, Transaction Terms, and Acceptable Use Policy, constitute the entire agreement between you and Stakk.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
- Assignment: We may assign our rights and obligations under these Terms without your consent. You may not assign your rights or obligations without our prior written consent.
19. Contact Us
Stakk is operated by:
- NATHAN FIELD, sole trader, trading as STAKK STORE
- Australian Business Number: 17 554 332 317
- Email: help@stakk.store
- Website: stakk.store