TERMS OF USE

Welcome to ClosetDrop, the place to rent (rent to others and rent from others) new & pre-loved clothing, shoes and accessories.

These terms of use are the basis on which ClosetDrop Pty Ltd offers you access to the Services and the Website. By registering as a member of ClosetDrop you accept these terms of use. If you do not accept these terms of use, you must refrain from using the Services.

ClosetDrop is intended for, and restricted to, people 18 years of age and older who live in Australia and New Zealand. Anyone who does not meet those criteria is not authorised to access the Website and the Services.

What do we do?

1.1 ClosetDrop provides a website which allows members to rent (rent to others and rent from others) new & pre-loved clothing shoes and accessories.

1.2 We will allow you to become a member provided you pay any fees required, comply with the terms of use and any other rules and policies we put in place.

1.4 We may amend these terms of use and unless otherwise stated, amendments will be effective immediately upon posting on this Website. You are responsible for ensuring you are familiar with the latest terms of use and your continued use of the Services represents your agreement to be bound by the terms of use as amended.

What don’t we do?

2.1 ClosetDrop does not take any part in the renting of items (both renting to or renting from other members) other than by providing our Website as a platform for members. If an offer is accepted by a member, a contract will be formed between the member renting the item and the member renting out the item directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members.

2.2 ClosetDrop is not an auctioneer (whether under the Auctioneers Act 1928 or otherwise) or secondhand goods dealer or pawnbroker (whether under the Secondhand Dealers and Pawnbrokers Act 2004 or otherwise).

2.3 Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that we take no responsibility or liability for any misconduct of any members including, without limitation, members that have registered under false pretenses or who attempt to defraud you. We give no undertakings, representations, or warranties in relation to items sold or listed on the Website including:
(a) about ownership of any item
(b) about the genuineness or legality of any item including its brand
(c) as to the quality or workmanship of any item
(d) as to the accuracy or truth of listings
(e) about the ability of members to complete a transaction.

2.4 You are responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

What must Members do?

3.1 You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
(a) not to permit any other person to use your user name or membership
(b) not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership

3.2 You must provide us with complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by us to ensure it is kept current at all times. We may contact you to verify these details. You must not register as a member under multiple identities or personas (whether false or not).

3.3 All listings, offers or communications made through ClosetDrop shall be made in good faith.

3.4 You must list items for sale/rent in the local currency of the country whereby which the transaction will take place and include any GST, VAT or any relevant local/applicable taxes in the price. All tax obligations are the responsibility of the users (as the parties determine).

3.5 You are responsible for any actions taken through your membership. ClosetDrop memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorisation from ClosetDrop.

3.6 You must expressly understand and agree that: 
(a) your use of the Services is at your sole risk. The Website and Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law we disclaim and exclude all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement
(b) we do not warrant that the Services provided will be uninterrupted, timely, secure, or error free or that any information (including reporting) provided on the Website is error-free or reliable
(c) no advice or information that is obtained by you from us or anyone else shall create any warranty by us that is not expressly stated in the terms of use

3.7 You agree that, to the maximum extent permitted by law, any and all liability and responsibility of ClosetDrop to you or any other person under or in connection with these terms of use, or in connection with the Services, this Website, another Member’s acts or omissions, or your use of or inability to use, the Services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. ClosetDrop’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

3.8 You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms of use, your failure to complete a transaction, your use of reporting feature, your sale or attempted sale of an item, your renting or attempted renting of an item or arising out of any content or item you submit, post, transmit, or make available through the Services.

What must Owners (of items listed for rent) do?

4.1 Owners (of items listed for rent) must be located in Australia or New Zealand. Owners (of items listed for rent) outside of these countries are not permitted to list their items on ClosetDrop, unless specifically authorised in writing by ClosetDrop. Owners (of items listed for rent) should not send items to an address that is outside Australia or New Zealand. If they choose to do this, it is at their own risk.

4.2 You agree to only enter listings that are accurate, current, complete, and include all relevant information about the terms of rent, payment terms, shipping methods and who bears the cost of shipping. You must list an item in one category only which must be the most appropriate category for your item. If your item is likely to attract any taxes/duties, you must ensure that this is clearly indicated in your listing.

4.3 You agree to only place listings for items that exist, are to be sold or rented, and that you are legally entitled to sell or rent. You will only list items that are in your possession.

4.4 All listings must comply with Australian and New Zealand law. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale or rent is prohibited by, or violates any, law. You agree that we may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause at any time.

4.5 You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.

4.6 When you list an item for sale or rent on ClosetDrop, you should do so with the intention of renting this item through the Website. Therefore you should not advertise your item through any other means. If you remove a listing or if the item listed does not rent, you will not be entitled to a refund of your membership fee.

4.7 You agree to your nominated contact details being provided to the Customer (Renter of your item) if and when they indicate interest in renting your item.

4.8 You must promptly forward the listed item to the Customer (Renter of your item) on completion of the transaction.

What must Customers (Renter of items) do?

5.1 You must be located in Australia or New Zealand to rent on ClosetDrop. People outside of these countries are not permitted to rent items on ClosetDrop.

5.2 If you are notified that your offer for an item is accepted, you must complete the transaction in the manner specified. By making an offer to the Owner (of item listed), you warrant and represent that you have the legal right to enter into and complete the transaction.

5.3 You must make full and prompt payment for any item you choose to rent.

5.4 You agree to your nominated contact details being provided to the Owner (of the item you wish to rent) when you rent an item, and to your nominated contact details being provided if you contact an Owner (of items listed for rent) or report a member.

5.5 If you agree to rent an item and do not proceed to pay for it, your user rating may be affected

What are you not allowed to do?

6.1 You must not damage, interfere with or harm the Website or Services, or any network, or system underlying or connected to them, or attempt to do so. You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.

6.2 You must not charge unreasonable amounts for shipping and packaging costs.

6.3 You shall not list your email address, phone number or any other contact detail within the description of listings, listing comments and/or questions or in your member profile.

6.4 You must not use the Services or the Website to promote items for sale or rent outside the Services.

6.5 Your listing may only contain a URL for a website that contains further information on the item you have listed. This website must not offer any items for rent, or contain contact details. You must not use ClosetDrop listings to promote a business or website other than one for rent in your listing.

6.6 You must not use the Services or the Website to rent items that are of a speculative nature including, but not limited to, pyramid or similar schemes.

6.7 It is expressly prohibited for any third party to post content to the Website on behalf of another member. Members must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

6.8 It is expressly prohibited to post content to the Website using any automated means. Members must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any member to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any member who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to us for each instance of access to the Website (by any user or other third party) using that automated means.

6.9 Affiliate marketing is expressly prohibited on the Website. Members may not post content or communicate with any other member for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

6.10 Any effort to decompile, disassemble or reverse engineer all or any part of the Website in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.

6.11 Any activities (including but not limited to posting voluminous content) that are inconsistent with use of ClosetDrop in compliance with these terms of use or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of the Website in any manner are expressly prohibited.

6.12 Feedback you provide on other members must not contain offensive, defamatory, retaliatory or inappropriate language or content. We may remove any feedback that we consider to be offensive, defamatory, retaliatory or inappropriate. You may only give member feedback that relates to a specific transaction. You must not post feedback about yourself or include any contact details or personal information in your feedback.

Dealing with Disputes

7.1 Members can report listings or members who are breaching our terms of use or are behaving suspiciously by clicking the “Report this Listing / Member” link at the bottom of every listing.

7.2 A member shall not report a listing or a member without a personal, good-faith belief that the content the listing or member violates these terms of use. A member may make a report only on his/her own behalf. A member must not permit, enable, induce or encourage others to make a report for them and a member must not make a report for others.

7.3 A member may report a specific item of content only once.

7.4 We will investigate every listing or member that is reported and take action if appropriate. Listings are not removed automatically.

7.5 Although we may moderate content on the Website, conduct of members and compliance with these terms of use any further action taken is at our sole discretion.

7.6 Without limiting any other rights and remedies available to us, we may limit your activities on the Website, remove your listings or other content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms of use or where we consider it appropriate.

7.7 Listings are not pre-screened for content. We reserve the right to remove any listing that we deem unsuitable or in breach of the terms of use.

7.8 We reserve the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, we may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms of use, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. In the event of termination, you also agree that you will not open or attempt to open any new ClosetDrop memberships. You may at any time close your ClosetDrop membership by giving us five working days’ notice in writing. If you close your membership, or if it is terminated by us, your ability to use the Website will end. All other clauses in the terms of use will continue to apply to you.

7.9 To help maintain quality listings, we reserve the right to suspend Owners who list large numbers of low cost items or whose items remain unsold or not rented for long periods of time.

Credit Cards

8.1 At present, credit card payments can not be used to rent items listed on the Website. Payments for items listed on the Website must be made directly between the Customer and the Owner and are not the responsibility of ClosetDrop.

8.2 We do accept online credit card payments of the membership fee or any other fees we charge. We use the SecurePay Payment Gateway for this. SecurePay processes online credit card transactions securely for thousands of Australian businesses , providing a safe and secure online payment service.
(a) Payments are processed in real time
(b) We do not have access to your full card number, the credit card payment is secured by SecurePay
(c) SecurePay have bank grade security. All transaction details are encrypted and stored in their PCI-DSS compliant data centre
Visit www.securepay.com.au for more info on online credit card payments.

Privacy

9.1 We collect personal information about you through your use of the Services and the Website, including:
(a) your registration details
\ (b) information relating to your use of the Website and the content you access.

9.2 You agree that we may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, to enforce or apply our terms of use, to protect the rights, property, or safety of ClosetDrop Pty Ltd, our member, or others, for promoting and marketing other ClosetDrop products and Services to you, and for any other use that you authorise.

9.3 We will not sell or allow third parties to access your private personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms of use; or protect the rights, property, or safety of ClosetDrop Pty Ltd, our members, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police, Inland Revenue Department and Ministry Of Economic Development. You may contact us to ask whether information has been provided to government agencies.

9.4 If you intend to take Disputes Tribunal proceedings against another member and you require that member’s contact details in order to take such proceedings, we will release those details to you if you make a Statutory Declaration stating that you require that member’s contact details for the sole purpose of taking Disputes Tribunal proceedings. You may obtain a Statutory Declaration for this purpose by contacting us or the Disputes Tribunal.

9.5 We will at all times comply with the terms of the Privacy Act 1993 and the related information privacy principles.

General Information

10.1 If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please email info@closetdrop.com to get the item taken down, and have the member reported / suspended.

10.2 We will use our reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, we take no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, we assume no responsibility for the corruption of any data or information held by us.

10.3 As we are not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, us in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided. If in breach of this clause you do involve us, you will indemnify us for any legal costs incurred on a solicitor / client basis.

10.4 We have no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of ClosetDrop Pty Ltd to comply with these terms of use where the same arises from any cause reasonably beyond the control of ClosetDrop Pty Ltd.

10.5 If we do not exercise or enforce any right available to us under these terms of use, it does not constitute a waiver of those rights.

10.6 If any provision of these terms of use becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms of use, which shall continue in full force and effect.

10.7 These terms of use are governed by the laws of Western Australia. You submit to the non-exclusive jurisdiction of the Courts of Western Australia.

10.8 ClosetDrop Pty Ltd (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website. You may not without our prior written permission, in any form or by any means:
(a) adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website
(b) commercialise, copy, or on-sell any information, or items obtained from any part of this Website
(c) “ClosetDrop” and the Peg device are registered Trade Marks and are you are not authorised to use, copy or reproduce these or any similar or related marks for any purpose including but not limited to classified advertising, internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with us.

10.9 These terms of use supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms of use.

10.10 You acknowledge and agree that any violation or breach of these terms of use may cause us immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the terms of use or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the terms of use. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in the term of use, including but not limited to by preliminary or permanent injunction.

10.11 In addition to any injunctive relief, you agree to pay to us the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the terms of use for which you bear responsibility.

10.12 You agree to indemnify and hold us and our representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any legal fees and costs incurred by us or our representatives on a solicitor / client basis.

Definitions

“Customer” or “Renter” includes any person that contacts another user of the website for the purpose of renting a product listed on the Website.

“ClosetDrop” means ClosetDrop Pty Ltd, a Proprietary Limited company based in Perth, Western Australia and all Services provided by that company.

“fees” mean any fee, charge or cost for the Services.

“item” means goods or property that may be advertised for sale or rent, bought or sold or rented through the Website.

“list” or “listing” means a listing on the Website through which you offer, negotiate, buy, sell, rent or advertise any item.

“member” means a registered member of ClosetDrop.

“Owner” includes any person placing a listing on the website for the purpose of renting their item/s to a “Customer”

“Services” means all services provided by ClosetDrop from time to time including but not limited to services through its websites, programs and computer servers, classified advertising, moderation, hosting, maintenance and upgrades of the Website and any other service ClosetDrop may offer.

“Terms of Use” means this document as amended from time to time.

“We”, “our” and “us” means ClosetDrop Pty Ltd.

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