USER AGREEMENT

 1. Overview of Service

The Clothing Exchange is an online trading platform that facilitates the exchange of clothing garments and accessories (“product”) between users.

All users who wish to swap products on the website will be required to set-up an account by providing contact information, credit card details for charges and details of how they will accept postage fees.

A user (“seller”) will upload details of their products and assign a value (“price”) from one to five buttons, with five buttons being the most valuable and one button being of the lowest value; and assign postage price(s) and details for the product.

The seller will be charged a listing fee of AUD$1.00  (+10% GST for AU residents only) to the credit card stored in their account.

If another user (“buyer”) wishes to purchase the product, they must have at least the equivalent number of buttons available in credit to be able to facilitate the swap transaction (“sale”).

On confirmation of the sale, the equivalent number of buttons are removed from the buyers account and credited to the sellers account. The buyer will be charged AUD$5.00  (+10% GST for AU residents only) to the credit card stored in their account.

The buyer will be sent an automatic message with details of postage options that have been selected by the seller. Once a transaction has been completed both buyer and seller will be prompted to add feedback about the conduct of each user and the quality of product. 

 

2. Terms and Conditions

The following terms and conditions govern the use of our services that we offer at www.clothingexchange.com.au (our “Site”) (“User Agreement”).  Please read these terms and conditions carefully.  When you register to use our services, you are deemed to have accepted, and will be bound by the User Agreement, as amended by us from time to time. 

We may amend this User Agreement at any time in our discretion by posting the amended terms on our Site.  All amended terms will take effect 7 days after they are posted on our Site.  You should review this User Agreement from time to time for any amendments.  Continued use by you of our services following any amendments to this User Agreement will constitute your acceptance of the new terms and conditions applying to our services.

Additional conditions and policies governing our services are contained in other pages on our Site and will be incorporated into and will form part of this User Agreement.  

 

3. Registration for Use

You must register your details with us to use our services.  Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law.  Without limiting the foregoing, you must not use our services if you:

(a)        are under 18 years of age;

(b)        are an undischarged bankrupt; or

(c)        are under any type of insolvency administration, where you are a company. 

Without limiting any other remedies available to us, we may, in our sole discretion, immediately terminate your account and use of our services if your conduct is deemed by us to be inconsistent with the User Agreement or our standards of practice or if we reasonably suspect that you may have engaged in any fraudulent activity or for any other legitimate reason.  

 

4. Release

Our Site acts as a venue to allow users to offer, sell and buy various products.  We are not involved in the transaction between buyers and sellers and we have no control over the quality, merchantability or legality of the products or content posted by users on our Site, or the accuracy of the sale listings, the ability of sellers to sell products or the ability of buyer to buy products.  We do not warrant and we cannot ensure that a buyer or seller will actually complete a transaction or act lawfully in using our Site.

As we are not involved in the transaction between buyers and sellers, in the event that you have a dispute with a user of our Site, you release The Clothing Exchange Australia Pty Ltd and our parent, subsidiaries, shareholders, affiliates, officers, directors, agents and employees from and against any claims, demands, proceedings, losses and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown arising out of or in any way connected with such dispute.

 

5. Fees for Services

When you list a product for sale on our Site you have an opportunity to review and accept the fees that you will be charged for the use of our services.  Our Fees are listed on the How to Swap page and is incorporated into this User Agreement by reference.  We may change our Fees from time to time.  You are responsible for paying all fees associated with using our services and our Site and all applicable taxes.

 

6. Buying

If you purchase a product using the services on our Site you are obligated to complete the transaction with the seller, unless the transaction is prohibited by law or this User Agreement. By purchasing a product on our Site you agree to be bound by the conditions of sale included in the product's description so long as those conditions of sale are not in violation of this User Agreement or unlawful.  Please make sure you understand the delivery and payment terms and conditions, including any amendment to those terms and conditions as outlined in the product’s description.

 

7. Listing and Selling

You must be legally able to sell the product(s) you list for sale on our Site.  

If you receive at least one offer to purchase, you are obligated to complete the transaction with the purchaser, unless there is an exceptional circumstance, such as: 


(a)        the buyer fails to meet the terms of your listing (such as postage payment method); or 


(b)        you cannot authenticate the buyer's identity.
 

 

8. Returns and Refunds

If the buyer believes the product is of insufficient quality and does not match the description provided by the seller on the product listing, they may raise a dispute with the seller using the Sites messaging service and request a refund of the postage fees. The seller may request that the item be returned by postage or otherwise, before a refund of postage fees is provided.

The buyer or seller is entitled to submit a dispute resolution request via the Site and request a refund of buttons to the buyer and removal of buttons from the seller and a refund of the transaction fee to the buyer. The Clothing Exchange will assess the situation on a case by case basis and may request more information from the buyer and/or seller as evidence before a refund is provided.  

9. Your information

“Your information” is defined as any information you provide to us or other users in the registration, listing or sale process.  Your information includes the descriptions of products you list for sale or display on our Site as well as any content you post on other web pages within our Site. Your information must not:

(a)        be false, inaccurate or misleading;

(b)        infringe any third party’s copyright patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;

(c)        be fraudulent or involve the sale of counterfeit or stolen items;

(d)        be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;

(e)        be obscene or pornographic;

(f)         contain any viruses, Trojan horses, worms, time bobs, cancelbots, easter eggs or other computer programming instructions that may damage,

             modify, delete, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

(g)        create liability for us or cause us to lose the services of our ISPs or other suppliers; or

(h)        violate any applicable law, statute, ordinance or regulation. 

To enable us to use your information, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to exercise the copyright, publicity and database rights you have in your information in accordance with our Privacy Policy.

 

10. Maintaining System Integrity

You may not take any action that might interfere with the operation of our services on our Site. You must:

(a)        not use our site for illegal purposes;

(b)        not use false or misleading information when registering or using the services on our Site;

(c)        not allow another person to transmit communications that false identifies your account as the origin of such a communication

(d)        not interfere with or disrupt networks connection to the services on our Site; and

(e)        comply with all regulations, policies and procedures of networks connected to our Site which either apply by operation of law or by this User 

             Agreement.

 

11. Intellectual Property

All intellectual property on our Site (including all trademarks, drawings, designs, illustrations, photographs, sound tracks, written text and logos) is the exclusive property of The Clothing Exchange Australia Pty Ltd.  You must not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on our Site.

The ‘Clothing Exchange’ trademark and all other The Clothing Exchange related marks and logos (including all copyright in them throughout the world), whether or not registered, displayed on our Site, as well as the domain name www.clothingexchange.com.au are and will remain the exclusive property of The Clothing Exchange Australia Pty Ltd. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without the prior, written consent of The Clothing Exchange Australia Pty Ltd is strictly prohibited.

 

12. Linking and Information Control

Our Site may contain links to third party websites not under our operation or control.  Such links are provided as convenience only and cannot and should not be interpreted as an express or implied endorsement of such third party websites or any products or services offered on those sites.

We do not control, endorse or approve any of the products listed for sale on our Site, or the information or content provided by other users which is made available on our Site. There are risks that you may deal with underage persons or persons acting under false pretense. We do not represent any endorsement, guarantee or legitimisation of your transactions on our Site. 

 

13. Disclaimer of Warranty

Our services and our Site is provided on an ‘as is’ and ‘as available’ basis without any warranty or condition, express or implied or statutory. To the extent permitted by law, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. 

If a product is sold with an accompanying manufacturer’s warranty, we will take no responsibility for the content, fulfilment or enforcement of that manufacturer’s warranty.  It is your responsibility to contact the relevant manufacturer in relation to all questions and claims relating to the manufacturer’s warranty. 

Our Site may contain technical inaccuracies or other defects. We are not responsible for buying orders not received, processed or accepted due to technical difficulties. We do not guarantee that any such defects will be corrected.  We do not guarantee continuous, uninterrupted or secure access to our services or our Site and we do not guarantee or represent that our Site is free from viruses, worms, trojan horses or other destructive material
or that the information contained on our Site is accurate, complete or up to date. We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of our Site.  

The Clothing Exchange Australia Pty Ltd and all affiliates and related entities expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies:

(a)        in the case of goods:

(i)         the replacement of the goods or the supply of equivalent goods; or

(ii)       the repair of goods or the payment of the cost of having the goods repaired; and

(b)        in the case of services:

(i)         the supply of the services again; or

(ii)       the payment of the cost of having the services supplied again.

 

14. Limitation of Liability

In no event shall we or our parent, subsidiaries, shareholders, affiliates, officers, directors, agents or employees, be liable for loss of profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with our Site, the use or inability to use our Site, our services or this User Agreement. 

Notwithstanding any other provision of this User Agreement, where any law implies any term, condition or warranty which cannot be excluded, restricted or modified at all or only to a limited extent, the term, condition or warranty will apply, except to the extent it can be excluded or limited.

To the extent permitted by law, our liability [and the liability of our suppliers] to you or any third parties in any circumstance is limited to the greater of:

(a)        the amount of any fees you pay to us in the 12 months prior to the action giving rise to liability; and

(b)        AUD$100.

 

15. Indemnity

You agree to indemnity and keep us and our parent, subsidiaries, shareholders, affiliates, officers, directors, agents and employees, indemnified from and against any claims, demands, proceedings, losses and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown including reasonable solicitors’ fees, made by any third party due to or arising out of your breach of this User Agreement or the additional conditions and policies contained in other pages on our Site, or your breach of any law or the rights of a third party. 

 

16. Legal Compliance

You agree to comply with all applicable domestic and international laws, statues, ordinances and regulations regarding your use of our services and your listing, purchase, solicitation of offers to purchase, and sale of products.

 

17. Privacy

The types of information that The Clothing Exchange may collect about you includes:

(a)   email address, phone number, mobile telephone number, physical contact information, and (depending on the service used) sometimes financial

        information, such as credit card or bank account numbers;

(b)   personal information you provide to us through community discussions, member information pages, correspondence, chats, dispute resolution, or

        shared by you from other social applications, services or websites;

(c)   transactional information based on your activities on the site (such as buying, selling, product and content you generate or that relates to

        your account), shipping, billing and other information you provide to purchase or ship an item;

(d)   information from your interaction with our sites, services, content and advertising, including, but not limited to, device ID, device type, geo-location

        information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard

        web log information.

We offer sign-on services that allow you to use third party login credentials to access The Clothing Exchange website. We also offer services that allow you to share information with third party social media websites such as Facebook, Google Plus, Twitter, and others.

You may choose to provide us with access to certain personal information stored by such third party websites. The personal information we have access to varies by website and is controlled by your privacy settings on that website and your consent.  By associating an account managed by a third party with your Clothing Exchange account and authorising The Clothing Exchange to have access to this information, you agree that The Clothing Exchange may collect, use and store information from these websites in accordance with this Privacy Policy.

The information we collect may be used to:

(a)   to process payment transactions and issue receipts,

(b)   to provide you with important information about The Clothing Exchange, including Site updates and special offers from our partner organisations,

(c)   to help us to develop and deliver effective marketing and fundraising campaigns,

(d)   to help us keep track of the history you have with the organisation,

(e)   to improve our services, content, layout and general operation of the Site,

(f)   to help resolve disputes that may occur between users.

The Clothing Exchange may share your personal information with third party suppliers who have been engaged by The Clothing Exchange for the specific purpose of contacting Users regarding one of the abovementioned areas. In this instance, strict privacy guidelines will be adhered to.

You can control the amount of personal information you share with The Clothing Exchange, however, you may not qualify for some of The Clothing Exchange’s services and offerings if you do not provide the minimum required information.

You are entitled to change the personal details that The Clothing Exchange holds about you if they have changed or are incorrect and be assured that The Clothing Exchange will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised use.

You can request access to your personal information or request to be removed from The Clothing Exchange database at any time by simply contacting us.

 

18. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. 

 

19. Governing Law

This User Agreement is governed by and will be construed according to the law of Victoria and is subject to the jurisdiction of the courts of Victoria.