Terms of Service

WHAT IS GIRLS TRADE PTY LTD ( “GIRLS TRADE”)

Girls Trade operates as a social media-based peer-to-peer marketplace which uses artificial intelligence (“AI”) to direct relevant sellers and items to you or your business and to display your items to the most relevant or randomised potential buyers, based on your preferences, location and other information submitted such as pricing and size -. Girls Trade also allows you to buy, sell and rent your items using the Girls Trade application ( “GT App”)which is made available for download through the Apple Store on your mobile device.

This document and any documents referred to within it set out the terms of your relationship with Girls Tarde Pty Ltd. It is important that you read and understand the Terms and Conditions before using GT -. If there is anything therein requiring clarification, you should contact us at info@girlstrade.com.au and one of our support staff will get back to you within seven (7) business days. By setting up an account with Girls Trade and using and accessing the GT App, you agree to be bound and accept these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions, you may not use the Girls Trade mobile application.

Things can go wrong; we will help you out if you follow the below:

The entire transaction must go through the Girls Trade mobile application

You must use our payment system (Stripe)

If you rent or buy an item and you find that it doesn’t fit you, contact the seller as soon as possible via our chat. It is then up the seller or renter’s discretion to refund a portion or the entire amount paid.

If the item you purchased doesn’t fit the description or photo depicted on the marketplace please let us know by emailing info@girlstrade.com.au

If you accidentally damage an item you need let the owner know immediately and attempt to arrive at a solution as - you will be liable for the cost of the repair or the cost to replace the item.

If you cannot return an item on time let the owner know immediately. It is up to the owner to impose a late fee outside of Girls Trade.

If an item is stolen alert the police. Girls Trade will assist you and the police in any investigations in the manner that we can-.

Girls Trade has the complete discretion was to mediation on your behalf, with the replacement cost of the garment.

All communication is through GT

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WHAT IS THE GIRLS TRADE MARKETPLACE

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GT App allows you to buy, sell and rent items in an easy and fun community around Australia.

Users can sell items through our GT platform by posting pictures of the item they want to sell, and by adding a description with more details about the item.

Users can rent their items for a minimum and maximum length of 7 days

Users are able to post “Looking For” posts where you can ask the community for a specific item.

“For sale” and “for rent” items must only be sold and purchased using Stripe accessed through the GT App. Users will therefore need a Stripe account to use the GT app.

To maintain the safety of our GT App customers, users are not permitted to sell, rent or purchase an Item by making direct arrangements with the buyer or the seller outside the GT App’s secure payment platform known as “Stripe”. Please note that selling, renting or purchasing an Item in any other way is a breach of the Girls Trade Rules of Acceptable Use and can result in temporary suspension or termination of your account.

Any agreement for and/or purchase of an Item is solely between you and the seller and or renter. Any complaints and claims related to the Item should be directed to the seller or renter. In the instance that users cannot resolve issues relating to a transaction on the GT app, Girls Trade will attempt to help mediate such disputes through our dispute resolution process.

As we are not the seller or renter of any Items on GT, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of the content on the Marketplace, the truth or accuracy of any picture or description of the content or any other content made available by users, the ability of sellers to sell or rent Items, the ability of buyers to pay for them or that a buyer or seller will actually complete a transaction or return the Item, and we have no liability in this respect.

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WHAT WE EXPECT FROM OUR USERS

When listing and communicating on the GT App we expect users will not post content that is or includes:

Insulting, rude, vulgar, threatening, harassing or offensive language or comments to user users or on listings.

(No) commercial advertising! Yes, you may put the brand of the item your listing but do not advertise your own renting website or other commercial businesses. Any commercial advertising might result in a temporary or permanent ban.

Attempts to ‘Re-sell’ or ‘re-rent’ other users items if the content uploaded it a “rented” item.

Spam - no-one wants contact, or content that is shared repeatedly in a disruptive manner.

Engage in any illegal or unlawful conduct including selling any fake or counterfeit items or any item that otherwise breaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of the content (including but not limited to import and export rules and illegal products, the listing of any age restrictions, distance selling and cooling off rights which may apply to a Sale Item where the seller is a business).

Discriminatory or attempts to impersonate someone else, another member or a shop

Unfairly or unlawfully interfere or manipulate any ratings system or user feedback system

Is illegal or violates another person’s or entity’s rights, including intellectual property rights and privacy right.

Do not give out information about someone else’s location. If you have ever met up with another user, maybe at their house or work. Do NOT tell others where that is.

Is incorrect meaning dishonest, fraudulent, false, misleading or deceptive.

Modifies, interferes, intercepts, disrupts or hacks the Marketplace

TAX OBLIGATIONS

The User agrees to comply with the law regarding the taxation of the commission obtained on the GT App. The User declares to be solely responsible for their taxation, therefore exonerates Girls Trade of any tax liability for the payment of remuneration derived.

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GIRLS TRADE PTY LTD - TERMS AND CONDITIONS Last revised October 2019.

This page tells you the terms on which you may use the Girls Trade (GT App), whether as a guest or a registered Member.

Please read these terms and conditions carefully before you start to use the GT App. These terms and conditions form a legally binding contract between you and Girls Trade Pty Ltd (“us”/ "we”). Your use of the GT App means that you accept these terms and conditions including our Acceptable Use Policy and agree to comply with them. If you do not agree to these terms and conditions, you must not open the GT App and should delete it from your device.

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1. About the GT App 1.1. Girls Trade Australia’s mobile application allows you to buy, sell and rent items in an easy and fun community around Australia. 1.2. Users can sell items through our GT app by posting pictures of the item they want to sell, and by adding a description with more details about the item. 1.3. Users can rent their items for a minimum and maximum length of 7 days 1.4. Users can post “Looking For” posts where you can ask the community for a specific item. 1.5. For sale and for rent Items must only be sold and purchased using Stripe accessed through the GT App. Users will therefore need a Stripe account to use the Gt App. 1.6. If you decide to meet up with another user to try an outfit on, exchange items or to pick up your desired item, we recommend you A. bring a friend or family member with you and B. agree to meet in a public place. Girls Trade are not responsible or liable in any form for the events that take place during the exchange or meet-up as we strongly recommend all items are to be posted via your desired postal business.

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2. Indemnity by you 2.1. You agree to indemnify us and hold us harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of: (a) your use of the GT App or the Service; or (b) your breach of these terms and conditions.
   2.2. When selling, renting or buying on the GT App you agree to indemnify and hold us harmless from any claim or demand (including legal fees) made or incurred by any third party arising from a breach of these terms and conditions by the owner(s) of Relevant Items that you advertise, sell or rent through your Account.

3. Eligibility and restricted use 3.1. To download and install the GT App, and open an account with us, you must be 18 years of age or over. If you are under 18 years, your parent or guardian will need to open an account and all transactions must be made through your parent/guardian’s account. 3.2. You acknowledge sole responsibility for and assume all risk arising from your use of the GT App. 3.3. You must ensure that your access to the GT App and the Service is not illegal or prohibited by laws which apply to you. 3.4. You must always comply with the Acceptable Use Policy, which is incorporated into these terms and conditions, when accessing and using the GT App.

4. Important – Your Personal Information and Safety 4.1. You acknowledge that you provide your personal information to any other Member or user of the GT App, whether through postings to the GIRLS TRADE App or through our messaging service, at your own risk. 4.2. We strongly recommend that you never provide another user with your home address and that physical exchanges of sale or rental items take place in a safe public place. We also recommend bringing a friend or family member along when you do not know the other user.

5. Amendments to terms and conditions 5.1. We reserve the right to amend these terms and conditions whenever we feel necessary. Amendments will be effective immediately upon notification through email. Your continued use of the GT App following such notification will represent agreement by you to be bound by these terms and conditions, as amended.

6. Availability and functionality 6.1. We use reasonable efforts to ensure that the GT App is available 24/7. However, there will be occasions when access to the GT App (including payment processing) may be interrupted for maintenance, upgrades and repairs by us or our third-party providers, or for reasons beyond our control. We make no warranty, representation or guarantee that your access to the GT App, or our other Services will be uninterrupted, timely or error-free. We are not liable if, for any reason, the GT App or the Service is unavailable for any time. 6.2. Girls Trade is not responsible or liable for any loss or harm caused by viruses, worms or other programmes designed to impair the Marketplace 6.3. We may change or update the functionality of the GT App, without notice to you. To continue using the GT App, you may need to download and install the new version. By doing so, you agree to these terms and conditions (as amended).
   6.4. We may suspend or discontinue the GT App or the Service, at any time at our discretion. You agree that we are not liable to you for any modification, suspension or discontinuance of the GT App.
   6.5. We may impose restrictions on the manner of usage of any part of the GT App at any time for any reason. If we impose such restrictions on you personally, you must not attempt to use the GT App under any other name or user or on any other mobile device.
   6.6. You are responsible for obtaining access to the GT App and any third-party fees (such as Internet service provider charges) that you incur. 6.7. Girls Trade Australia will never be responsible for any loss or damage that is not reasonably foreseeable, and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation. 6.8. We do not accept responsibility or liability of any kind for any interference, loss or damage you may suffer as a result of you accessing or using the GIRLS TRADE App, the Service or any linked website, including any damage to your device or loss of your data.
   6.9. Girls Trade recommend when sending item to other users to use Australia Post as their postal service. Australia Post offer insurance when sending items to other users. 6.10. Girls Trade is not responsible or liable if an item is lost, damaged or stolen if Australia Post or any other postal service is used.

7. Member Accounts 7.1. To access the Girls Trade Marketplace, you must create an account with us through our mobile application. To register you can sign up with a valid email address, you will also need to create a username and password. Girls Trade Australia also give users the option to sign up with the social media platform ‘Facebook’, and in such circumstances you give us permission to access and use your information from ‘Facebook” as permitted by ‘Facebooks’ privacy policy. 7.2. You must be at least 18 years of age and capable in your country of residence of entering into a legally binding agreement to use our Marketplace. Girls Trade does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to register for the Marketplace. The Marketplace and its content are not directed at children under the age of 18. If Girls Trade uncover that a user has signed up without parental consent the account will be blocked from using the GT App. 7.3. You are solely responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at info@girlstrade.com.au as soon as possible to let us know. 7.4. We may accept or reject your Account application at our sole discretion. 7.5. We reserve the right to remove your username for your account if it is inappropriate.

8. Your Account obligations 
   

8.1. You may not use another Member's Account, or other users are not permitted to use your account. 8.2. You are solely responsible for the activity that occurs on your Account. We will not be liable for any loss or damage caused by any unauthorised use of your Account. You must notify us of any unauthorised use of your Account or security breach. 8.3. All communication between Members must be via the inbuilt messaging feature of the GT App. We may retain a record of the transaction history and (if retained) you authorise us to review and disclose to third parties, in the event of a dispute or your breach of these terms and conditions. 8.4. You may control your Member profile and how you interact with the GT App and other Members by changing the options in the settings of the GT App. Please click edit profile on the profile page.

9. Our rights to suspend or close your Account 9.1. We may suspend or limit access to your Account or the Service, and limit access to the funds we hold for you, to the extent and for so long as reasonably necessary to protect us against the risk of liability if you are in breach of these terms and conditions.
   9.2. We may at our sole discretion permanently block or close your Account if you are in material breach of these terms and conditions.

10. Customer Agreements 10.1. Any Member (Owner) may list one or more items of clothing for sale and/or rent through the GT App (Listing), provided that the Listing complies with the Acceptable Use Policy and these terms and conditions.
    10.2. Where a Member (Customer) wishes to buy or rent an item listed by an Owner, the Customer must message the Owner through the messaging service made available through the GT App. 10.3. The Owner and the Customer are solely responsible for agreeing the terms on which the item(s) will be sold or rented by the Owner to the Customer, including: 10.3.1. for sales, price, location for delivery and exchange of the item together with any additional charges for shipping; and 10.3.2. for rentals, price, bond and location for delivery and exchange of the item, together with any additional charges for cleaning, shipping, repairs, or the replacement value 10.4. (once agreed, the ““Customer Agreement”). 10.5. At no time does risk or title in Relevant Items pass to us.

11. Sale or Rental Price By creating an Account, you agree to all the fees and charges, any terms of sale or rental (as the case may be), payment and billing policies as set out in these terms and conditions and in any Customer Agreement made between an Owner and a Customer. 11.1. Setting a Sale or Rental Price 11.1.1. Each Owner is responsible for setting the proposed cost of the sale or hire of the Relevant Item (Sale Price or Rental Price, as applicable). This amount is then agreed between the Owner and the Customer and must include the applicable Service Fee (see below). 11.1.2. The Sale or Rental Price must be an amount in Australian dollars. Items cannot be listed as free of charge. 11.1.3. An Owner may charge a Customer shipping fees in addition to the Sale or Rental Price, and cleaning and repair fees in addition to the Rental Price. The amount of these additional fees is as set by the Owner at the time of agreeing to the Customer Agreement. We do not set or moderate the amount of the Sale or Rental Price or any additional fees charged by the Owner.
    11.2. Payments 11.2.1. All payments of the Sale or Rental Price and our Service Fee (see below) will be processed using Stripe. You will need to have a Stripe account in order to make or receive payments through the GT App. Your use of Stripe will be governed by the applicable Stripe terms and conditions, as modified by Stripe from time to time. We do not operate Stripe or accept any responsibility for your use of the Stripe service.
    11.2.2. The Customer is required to pay the Sale or Rental Price and any agreed additional fees into the GT Stripe account prior to the collection of the Relevant Items.
    11.2.3. In the case of sales, upon receiving notice of acceptance of sale or rental from the Owner, we will deduct our Service Fee (see below) and transfer the balance of the Sale Price and any additional fees paid by the Customer, to the Owner. 11.2.4. In the case of rentals, we will hold the bond fee (if applicable) until the end of the Rental Period (7 days). 11.2.5. To enable us to provide the payment processing services through Stripe, you agree to provide us with accurate and complete contact information (name, address and email) and banking details (bank account number and BSB) when opening your Account and to update this information, as required. You authorise us to share this information with Stripe, and for GT and Stripe to share transaction information related to your use of the payment processing services provided by Stripe and the GT App, in order to process payment and receipt of the Sale or Rental Price and Service Fees. 11.2.6. Stripe may place a hold on funds held in the GT Stripe account or take other protective actions, at its sole discretion, in the event there is a level of risk associated with a transaction, such as fraud, or otherwise in accordance with its user agreement. This may delay a release to you of the balance of any Sale or Rental Price. We will work with Stripe to resolve any such delay as soon as reasonably practicable. You agree that, where such a delay affects your Account, we will not be required to release the balance of any Sale or Rental Price to you unless or until the issue has been resolved with Stripe.

12. Our Service Fee 12.1. In return for providing the Service to Owners, we may charge the Purchaser a service fee for each sale or rental arranged through the GT App (Service Fee).
    12.2. Our Service Fee for both sales and rentals is currently 10% (charged to the purchaser).
    12.3. All Service Fees and any other charges for your use of the GT App and the Service are non-refundable. 12.4. Our Service Fees are subject to change. We may add new services and additional fees and charges at any time, at our sole discretion.

13. Listings, reviews and other User Content 13.1. Whenever you upload photos of Relevant Items, post a Listing, review, feedback, comments, questions or other material to the GT App, or make use of the GT App to make contact with other Members (User Content), you must comply with the content standards set out in our Acceptable Use Policy. You warrant that your contributions will comply with the Acceptable Use Policy. 13.2. Any User Content that you upload to the GT App will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such User Content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the GT App constitutes a violation of their rights, including their intellectual property rights. 13.3. We will not be responsible, or liable to any third party, for the content or accuracy of any of your User Content, or materials posted by any other Member or user of the GT App.
    13.4. Whilst we do not actively monitor reviews or other User Content, we reserve the right to remove any User Content for any reason at any time and without notice. 13.5. We also retain the right to remove or suspend Listings for any reason, including a violation or suspected violation of these terms and conditions.

14. Shipping 14.1. The seller and/or renter is responsible for the shipment of the Item to the buyer. 14.2. Girls Trade shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through the carriage and/or delivery of any shipments and the seller must satisfy themselves as to whether any of these charges will become due, and if so in what amounts. If any such charges become due as a result of carriage and/or delivery of a shipment and are charged to Girls Trade by any competent authority the seller agrees to reimburse Girls Trade fully in respect of the same within 14 days of our demand.

15. Our Intellectual Property Rights 15.1. All intellectual property rights relating to the GT App are owned or licensed by us. You acquire no rights or licences in or to the GT App, other than a limited right to use the GT App in accordance with these terms and conditions. We reserve all rights not expressly granted under these terms and conditions. 15.2. Subject to your compliance with these terms and conditions, we grant you a personal, non-transferable, non-sublicensable, non-exclusive and revocable licence to download, install and use the GT App on your personal mobile device, solely for use by you in accordance with these terms and conditions.
    15.3. You must not do anything with the GT App that is not expressly authorised in these terms and conditions, including without limitation, you must not copy, reproduce, distribute, modify, adapt, sell, reverse engineer, decompile, disassemble or otherwise exploit any content, code, data or materials on the GT App. You must not remove any copyright notices from the GT App, or any other copyright protection measures.
    15.4. You must also not commercialise any information, images, goods or services obtained from any part of this website, without our prior written permission. 15.5. “Girls Trade” is our trademark. We do not grant you any right to use our trademark in connection with your activities, goods or services.

16. Links to third party websites
    16.1. We may provide links within the GIRLS TRADE App that will take you to third party website or social media platforms. These links are provided for your convenience only. We do not control these other sites and we do not endorse or accept responsibility for the content or accuracy of the information or other material on these sites.
    16.2. If you decide to access a linked site, you do so at your own risk. You agree that we are not liable for any loss or damage that you may suffer by using another site. 16.3. We and our selected business partners may provide advertising to you through the Marketplace or by other methods such as email. This advertising may be based on your User Content or other information available through the Marketplace.

17. Ownership and sharing of your data 17.1. We own all data and information transmitted through the GT App, including data and information exchanged between Members using the messaging service within the GT App (GT Data). GT Data may include the amount of Sales and Rental Prices, location of a Member (where the Member has activated geo-location within the settings of the GT App) and the personal information of Members. We will use reasonable care to keep the GT Data secure, but we do not warrant and cannot guarantee that the GT Data will not be accessed by unauthorised third parties.
    17.2. You agree that we may exchange GT Data or information about you with our third-party service providers, including our payment processing provider (Stripe) and any advertisers on the GT App.

18. Independence from app platforms 18.1. The GT App is independent from any platform on which it is located. The GT App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including without limitation, Apple, Google or Android (each being an “Operator”). You acknowledge and agree that these terms and conditions are concluded between us only, and not between you and an Operator or any of its subsidiaries. We, and not the Operator, are solely responsible for the GT App and its content (but excluding Member Content and Customer Agreements), to the extent specified in these terms and conditions. 18.2. You acknowledge and agree that the relevant Operator, and that Operators subsidiaries, are third party beneficiaries to these terms and conditions and may have rights to enforce these terms and conditions against you. 18.3. You must comply with all laws applicable to your use of the GT App and the applicable Operator terms and conditions of use.

19. Electronic communications 19.1. We may send you administrative or service announcements, and promotional or other commercial messages from us, our third-party service providers or our partners. You agree to us sending you such messages through the GT App, via email or SMS. You may opt out of some of these messages in the settings of the GT App. You can also opt-out of push notifications by changing the settings for your Account in the GT App.

20. Liability and disclaimer 20.1. Australian Consumer Law may imply certain consumer protection terms into these terms and conditions. In respect of such implied conditions, warranties or guarantees which we cannot lawfully exclude with respect to the supply of the:
    20.2. GT App, to the extent permitted by law, our liability is limited, at our option, to the replacement, repair or resupply of GT, or a refund of the purchase price (if any) of the GT App to you.
    20.3. Services, to the extent permitted by law, our liability is limited, at our option, to the replacement, repair or resupply of the Service, or a refund of the Service Fees (if any) to you.
    20.4. The maximum extent permitted by law, we shall not be liable to you or any other person for any loss (including direct, indirect, special and consequential loss) or damage you suffer or incur, whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise, arising out of or in connection with these terms and conditions, including your use of GT, the Service, any User Content, or any other content, information, products or services available on or from GT. 20.5. Subject to any liability that may arise, we shall not be liable to you or any other person for a breach of these terms and conditions or a Customer Agreement by another Member or for the acts or omissions of other Members. To the maximum extent permitted by law, we exclude all liability for any loss (including direct, indirect, special and consequential loss) or damage you suffer or incur, whether arising under contract, tort (including negligence), equity, statute or any other cause of action arising out of or in connection with any Customer Agreement or other arrangement that you enter into using or that is otherwise facilitated by GT. 20.6. This document does not create an agency, partnership, employment or joint venture relationship between you and Girls Trade

21. Disputes and release
    21.1. Members on the GT app are solely responsible for all their interactions, including any Customer Agreement, with other Members. 21.2. We reserve the right, but have no obligation, to monitor disputes between Owners and Customers. You will provide us and our agents with all reasonable assistance (at your cost) to investigate and resolve such dispute, should we request it.
    21.3. If you have a dispute with one or more Members, to the fullest extent permitted by law, you irrevocably release and discharge us (and our directors, officers, employees and agents) from all claims, demands, loss and damages of every kind and nature that arise out of or in connection with such dispute.

22. Termination of access 22.1. If at any time you decide you can no longer agree to this document or any changes made to the Terms & Conditions or the Marketplace, you must immediately stop using the Marketplace. 22.2. If you wish to end your use of the Marketplace, please contact us at info@girlstrade.com.au from the email address linked to your account and ask us to deactivate your Account. If a request comes from someone who is not the account holder, we may ask you to provide proof of who you are and your relationship to the User in question, and any other documents we may reasonably require. 22.3. We may immediately end your use of the GT platform if you breach our rules of acceptable use, any other important rule(s), or terms and conditions we set for accessing and using the GT platform including this document. 22.4. We may also withdraw the Gt App for any reason, without notice, at any time and without any liability to you. 22.5. If you or we end your use of GT or we withdraw the GT as described in this clause, we may delete or modify your User Content, Account or any other information we hold about you. You will also lose any rights you have to use the Gt App or access our content or your User Content. We will not offer you compensation for any losses. You should note that even if your Account is deactivated, some of your data may persist and appear within the GT App, for example where your User Content has been re-shared by others.

23. Governing law These terms and conditions are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the Courts of Victoria.

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If you have any queries or complaints regarding the GT App, please contact us immediately at info@girlstrade.com.au