Platform Terms and Conditions

Our disclosures

Our complete terms and conditions are contained below, but before you sign up, please note we built this platform so buyers and sellers can buy and sell items from brands they love with each other. We do our best to make this a lovely experience, but ultimately, these are peer-to-peer transactions. We are not responsible for the quality or delivery of items. We process payments using PayPal so as long as you meet their eligibility requirements, you will be covered by PayPal’s Buyer Protection and Seller Protection. Our liability under these Terms is limited to the fees you have paid us. We respect all your rights under the Australian Consumer Law.

Welcome! We provide a peer-to-peer marketplace where people wanting to sell items (Sellers) and people wanting to buy items (Buyers) can connect and transact (Platform).

These terms and conditions (Terms) are between Re-Mint Pty Ltd ABN 58 650 578 715 (we, us or our) and you. Together, we and you are the “Parties”. These Terms supplement and incorporate our privacy policy.

Acceptance

You accept these Terms by checking the box or registering on the Platform. You must be at least 16 years old to use the Platform. If you are under 18 years old, your parent or legal guardian warrants that they have read and accept these Terms on your behalf.

Accounts

You can browse listings on the Platform without an account but you will need to create an account using your Facebook credentials (Account) to create a Listing and to access personalised features, such as saving your default size, on the Platform.

By creating an Account using your Facebook credentials, you authorise us to access certain information on your Facebook including your current profile photo, and other basic information.

You will be responsible for all activity on your Account, including purchases made using your Account details. You agree to immediately let us know about any unauthorised use of your Account.

Platform Summary

We provide the Platform to users, including hosting and maintaining the Platform, assisting Buyers and Sellers to buy and sell items, process payments between Buyers and Sellers (using a third party payment processor). You understand that we are not party to any agreement between a Buyer and a Seller and we have no control over the conduct of Sellers, Buyers or any other users of the Platform. We are not responsible for the quality or delivery of items; this is why we request you pay through PayPal, to be covered by PayPal’s Buyer Protection and Seller Protection, subject to the Buyer and Seller satisfying PayPal’s eligibility requirements.

Seller Responsibilities

A Seller must provide an accurate and complete description of the item including the name of the item, brand name, price, size, colour, condition, location, delivery timeframes and options, images and a description (Listing). As a Seller, you warrant that any items in your Listings are not counterfeit, are not being sold illegally, and have not been stolen. If we reasonably suspect that any items in your Listings breach these Terms, we may remove the Listing and terminate your Account.

You must sell your item to the first Buyer who pays for the item in your Listing through PayPal via the Platform. If you sell your item on another platform, it is your responsibility to immediately delist your item on our Platform – otherwise it is unfair to Buyers who attempt to purchase the item in your Listing. If, as a Seller, you are notified that a Buyer has paid for an item you can no longer sell, you must immediately initiate a refund directly via PayPal.

You must ship items which have been purchased on the Platform within 3 calendar days of receiving payment.

Listings that have not sold will automatically be delisted 90 days after being created. Sellers may choose to re-list.

Payment

Payments are facilitated through our third party payment processor, PayPal, using the ‘Pay for Items and Services’ option so the parties are covered by Buyer Protection and Seller Protection, subject to PayPal’s eligibility requirements. By making and receiving payments through PayPal, you accept PayPal’s terms and conditions.

When creating a Listing, the Seller must specify an item price (Item Price) and may charge separately for delivery (Delivery Fees). Upon a successful sale through our platform, we will charge the Seller a platform fee (Platform Fee).

As a Buyer, you must pay the relevant total price (Total Price) shown on the checkout page for a particular Listing. The Total Price is the sum of the Item Price, and if applicable, Delivery Fees.

When a Buyer pays the Total Price, the Item Price and Delivery Fees will be paid by the Buyer to the Seller via Paypal, while the Platform Fee will be paid by the Seller to us via PayPal.

Disputes, Refunds and Cancellations

For disputes between Buyers and Sellers, we encourage the Parties to attempt to resolve disputes (including claims for refunds and cancellations) with the other user directly. If unable to resolve the issue with each other directly, you can submit a claim to PayPal.

If requested, we can assist you through the dispute resolution process (including mediation between Buyers and Sellers, and assisting the user as they put together a PayPal claim), but ultimately, our liability is limited to the Platform Fee paid to us.

If the Buyer and Seller did not process the payment through our Platform and did not pay Platform Fees, we are not obliged to assist with the dispute resolution process in any way.

Reviews

Buyers and Sellers may review their experience with each other on the Platform, including the items they have purchased on the Platform (each a Review).

Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.

You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We may not review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

Platform licence

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform, in accordance with these Terms. All other uses are prohibited without our prior written consent.

When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:

anything that would breach an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
using the Platform to defame, harass, threaten, menace or offend any person;
using the Platform for unlawful purposes;
interfering with any user of the Platform;
tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
using the Platform to send unsolicited electronic messages; or
assisting a third party to do any of the above acts.

Intellectual Property

All Intellectual Property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and any content on the Platform) (Our Intellectual Property) will at all times vest, or remain vested, in us.

We allow you to use Our Intellectual Property solely for your use and enjoyment of the Platform.

You must not, without our prior written consent:

copy or use Our Intellectual Property;
reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate Our Intellectual Property to any third party; or
breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from Our Intellectual Property.

Your Intellectual Property

All of your Intellectual Property (including images and descriptions in Listings) will at all times vest, or remain vested, in you. You grant us a non-exclusive, revocable, worldwide, royalty free, sublicensable and transferable right and licence to use and display your Intellectual Property on the Platform.

You agree that you are solely responsible for all Intellectual Property that you make available on our Platform. You represent and warrant that (1) you own or have the necessary licences to share your Intellectual Property to the Platform; and (2) your Intellectual Property on the Platform will not infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any law or regulation.

This clause will survive the termination or expiry of these Terms.

Warranties

You represent, warrant and agree that:

you will not use our Platform in any way that competes with our business;
all information and documentation that you provide to us is true, correct and complete;
you will not use the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights); (2) to transmit, publish or communicate material that is defamatory, offensive, abusive or indecent ; or (3) in any way that damages, interferes with or interrupts the supply of the Platform; and
where you are a Seller, you are responsible for complying with all laws, rules and regulations which apply to providing the items in your Listings.

Australian Consumer Law

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform which cannot be excluded, restricted or modified (Statutory Rights).

Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted (including any suitability and fitness for purpose warranties in relation to the Platform and our services), except to the extent such warranties and conditions are fully expressed in these Terms.

As a Buyer, you may also have rights under the ACL relating to the items provided to you by a Seller.

This clause will survive the termination or expiry of these Terms.

Exclusions to liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability connected with:

your acts or omissions;
any use or application of the Platform by a person or entity other than you, or your incorrect use of the Platform;
any aspect of the Buyer and Seller interaction including the items offered by the Seller, the description of the items offered, or the supply and delivery of items by the Seller;
any works, services, goods, materials or items which do not form part of the Platform (as expressed in these Terms), or which have not been provided by us;
any third parties or any goods and services provided by third parties, including Facebook and other social media providers, which the provision of the Platform may be contingent on, or impacted by;
the Platform being unavailable, or any delay in us providing the Platform to you, for whatever reason; and/or
any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law:

we will not be liable for Consequential Loss;
each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party; and
our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the amount you have paid us.

This clause will survive the termination or expiry of these Terms.

Termination

Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in your Account settings.

We may suspend your Account or terminate these Terms immediately after written notice to you, if:

you breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
we repeatedly receive complaints about you;
you repeatedly receive negative Reviews;
there is any reason outside our control which compromises our ability to provide the Platform; or
you are unable to pay your debts to us.

These Terms will terminate immediately after written notice by you, if we are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or

Upon expiry or termination of these Terms:

we will remove your access to the Platform;
we will remove your Listings; and
you agree that any payments made by you to us are not refundable to you.

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

This clause will survive the termination or expiry of these Terms.

Analytics

We run analytics on our Platform to help us improve the Platform for all users.

We may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform, in an aggregated and anonymised format (Analytics). You agree that we may make such Analytics available to third parties, including the brands we work with, provided that it: (a) does not contain identifying information; and (b) is not compiled using a sample size small enough to make the underlying personal information you provide identifiable. We and our licensors own all rights (including intellectual property rights) to the Analytics.

General

Changes to the Platform and Terms: You agree that we may amend these Terms and the features of our Platform at any time.

Competitors: You are prohibited from using our Platform in any way that competes with our business. If you breach this term, we will hold you responsible for liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Governing law and disputes: These Terms are governed by the laws of New South Wales. Each Party agrees to meet with the other to attempt to resolve any dispute, before resorting to any formal dispute resolution process.

Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:

RE-MINT PTY LTD ABN 58 650 578 715

Email: hello@links.re-mint.com

Last update: 7 October 2021