Terms & Conditions of Use

<p><strong>Buy My Clothes is a marketplace to bring together buyers, sellers and traders of clothes, shoes and all other fashion related items.</strong></p>

<p><strong>Using the Buy My Clothes Marketplace</strong></p>


<p><strong>When you use Buy My Clothes, you agree that:</strong></p>

<li>You are over 18 years of age</li>
<li>Your will abide by the laws of New South Wales and the Commonwealth of Australia</li>
<li>The details you have posted to register your use of the site are true to the best of your knowledge</li>
<li>You will not post false or misleading information</li>
<li>You will not try to sell or trade counterfeit or copied items</li>
<li>You will only post items for sale or purchase that belong to you</li>
<li>You will not copy or modify another user’s content</li>
<li>You will not use any robot, spider, scraper or other automated means to access the Buy My Clothes website</li>
<li>You will not attempt to bypass any security measures on the Buy My Clothes website</li>
<li>Buy My Clothes may suspend or revoke your user privileges if, in the opinion of Buy My Clothes, you have contravened the rules of Buy My Clothes</li>
<li>Buy My Clothes may, at its absolute discretion, delete content that does not comply with Buy My Clothes rules</li>
<li>You will not hold Buy My Clothes responsible for any content posted by users of Buy My Clothes</li>
<li>If you wish to contact Buy My Clothes, please use the Contact Form</li>


<p><strong>Using the Buy My Clothes Marketplace</strong></p>

<p>Buy My Clothes takes its responsibility to its user community seriously.&nbsp; If you see any problems or find content that is inappropriate, misleading or offensive, please contact us immediately using the Contact Form.</p>

<p>If Buy My Clothes finds that your complaint is substantiated, we may take whatever action we believe is reasonable in the circumstances, including but not limited to suspending or restricting access to the site.</p>


<p><strong>Fees </strong></p>

<p>Posting an ad to sell or trade on Buy My Clothes is free.</p>

<p>If your item(s) finds a buyer, you will pay 10% of the sale price as a seller’s fee at the checkout via PayPal.</p>

<p>There are no charges for buying on Buy My Clothes.</p>

<p>If you trade your item, both parties to the trade will pay a fixed fee of AUD2 (AUD 4 per trade).This is charged prior to the completion of your trade via Pay Pal.</p>

<p>All transactions will be finalised through PayPal.&nbsp; The terms and conditions of use of PayPal are clearly noted on their website’s legal hub: <a href="https://www.paypal.com/au/webapps/mpp/ua/legalhub-full" target="_blank">https://www.paypal.com/au/webapps/mpp/ua/legalhub-full</a>. By using PayPal you accept their terms and conditions.&nbsp; Our fees are quoted in Australian dollars, and they may change from time to time. Any changes to our fee policy will be posted on the site. Fees may change temporarily for promotional events or new services and these changes become effective once the promotional event or new service is announced.</p>

<p>Our fees are non-refundable.</p>



<p>We, you and other users provide content to the Buy My Clothes marketplace. Buy My Clothes is protected by copyright laws and international treaties.&nbsp; You agree not to copy, distribute or modify content from Buy My Clothes without our express written consent. You may not disassemble, decompile, reverse engineer or otherwise attempt to discover any source code contained in Buy My Clothes. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Buy My Clothes (other than your own content). When you provide content, you are granting us and acknowledging that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.</p>



<p>You must not post content that infringes any rights. You must not offer counterfeit, copy or ‘knock-off’ items for sale. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any content displayed on Buy My Clothes, which may infringe their rights. If Buy My Clothes is advised of any intellectual property violation, the content will be immediately removed.</p>


<p><strong>Reporting an infringement</strong></p>

<p>In order to report an infringement on Buy My Clothes, please use the Contact Form.&nbsp; Please ensure that you provide sufficient information for Buy My Clothes to identify the offending post.</p>



<p>You agree not to hold us responsible for any content posted by Buy My Clothes users.</p>

<p>We do not review user postings and are not involved in the actual transactions between users. As the items for sale or trade on Buy My Clothes are offered by users, we do not guarantee the accuracy of postings or the quality, safety or legality of the goods and services on offer.</p>

<p>We do not accept any liability for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions that encourage or represent conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.</p>

<p>We do not guarantee continuous, error-free or secure access to our services. While we will use all reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.</p>

<p>Accordingly, to the extent legally permitted, we disclaim all warranties, representations and conditions, express or implied fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether financial, goodwill, or reputation, or any special, indirect, or consequential damages arising from your use of Buy My Clothes, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.</p>

<p>Buy My Clothes is not liable for any part of the transaction between the seller and the buyer. Buy My Clothes only allows PayPal to PayPal transactions between users and therefore the PayPal buyer and seller protection is accordingly applicable. Disputes between users will be facilitated through the PayPal dispute resolution process and Buy My Clothes will provide any applicable evidence directly to PayPal upon their request.&nbsp; There is no protection for traded items.</p>

<p>If Buy My Clothes is found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the lesser of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) $200 AUD.</p>


<p><strong>Personal information</strong></p>

<p>By using Buy My Clothes, you agree to the collection, transfer, storage and use of your personal information by Buy My Clothes on servers located in Australia as described in our Privacy Policy. You also agree to receive marketing communications from us unless you tell us otherwise. We will not sell your information to third parties.</p>


<p><strong>Resolution of disputes</strong></p>

<p>Should a dispute arise between you and Buy My Clothes, please contact us using the <a href="/contact">Contact Form</a>. All reasonable requests will be considered and we will attempt to resolve the disputes in a timely and efficient manner.</p>



<p>These terms and the other policies posted on Buy My Clothes constitute the entire agreement between Buy My Clothes and you, superseding all prior agreements.</p>

<p>To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of New South Wales, Australia. You agree that the Courts of Australia must resolve any claim or dispute you may have against Buy My Clothes Limited. You and Buy My Clothes both agree to submit to the exclusive jurisdiction of the Australian Courts.&nbsp; For claims falling within the jurisdiction of a Local Court, you agree to submit to the jurisdiction of the Local Court of Waverley.</p>


<p>If we do not enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive.</p>


<p>In the first instance, all communication must be via the Contact Form.</p>


<p>There are several ways that your ad may be found to be in breach of policy and removed from the site including:</p>

<li>Your ad has been reported to us</li>

<p>When this happens your ad may be temporarily suspended until it is reviewed. We check reported ads as fast as we can. If we conclude that the ad hasn’t breached our policies we will activate the ad again promptly.</p>

<li>Your ad has been removed by our moderation tools</li>

<p>Ads that are identified by our automated tools as inappropriate, and found to break our terms of use will be removed from the site. We will endeavor to advise you by email if your ad has been removed.&nbsp; You will have the right to state your case, but we reserve the absolute right to abide by our original decision.</p>



<p>Buy My Clothes uses the PayPal payment portal to process all payments between all parties.&nbsp;&nbsp; You can see the PayPal terms and conditions <a href="https://www.paypal.com/au/webapps/mpp/ua/legalhub-full" target="_blank">here</a>.&nbsp;&nbsp;Buy My Clothes will never ask for your credit card or other payment details.</p>


<p><strong>Buy My Clothes Privacy Policy </strong></p>

<p>At <strong>Buy My Clothes</strong>, we know that you care how your personal information is handled and we appreciate your trust that we will do so carefully and sensibly and in complying with the <em>Australian National Privacy Principles of the Privacy Amendment (Private Sector) Act 2000</em><strong>.</strong></p>

<p>This privacy statement applies to <strong>Buy My Clothes</strong> and your use of the website of <strong>Buy My Clothes</strong>. We recognise that our users may have concerns about their privacy and confidentiality.</p>


<p><br />
<strong>Information We Collect</strong></p>

<p><br />
In order to participate in our marketplace, we may&nbsp;need to collect your name, mailing address, phone number and/or&nbsp;email address. For so long as you remain a member of Buy My Clothes we will retain your details.</p>

<p>We collect information on website activity, such as the number of users who have visited, the number of pages viewed, navigation patterns, what systems users have and the date and time of visits. This information is collected for statistical purposes only and cannot be used to identify you.</p>

<p><strong>Personal Information Security</strong></p>

<p><strong>Buy My Clothes</strong>&nbsp;is committed to keeping secure the data you provide us and we will take all reasonable steps to protect your personal information from loss, misuse, or unauthorised access, modification or disclosure.</p>

<p><strong>&nbsp;Access to Personal Information</strong></p>

<p>You can request us to provide access to the personal information that we hold about you. To request access please contact us using the Contact Form.&nbsp;</p>


<p>Communication we receive from you will only be used for the purposes given and are subject to the conditions set out in this privacy policy. Due to the nature of the Internet, sending personal information in an email remains entirely at your own risk.</p>


<p>The <strong>Buy My Clothes</strong> website may contain links to third party websites. Please be aware that <strong>Buy My Clothes</strong> is&nbsp;in no way responsible for the privacy practices on these sites.</p>

<p><strong>Contacting Us</strong></p>

<p>If you have any questions about this privacy policy, the privacy practices of <strong>Buy My Clothes</strong>, or you wish to make a privacy complaint, please contact us using the Contact Form.</p>

<p>We reserve the right to change this privacy policy at any time. It is advisable to review this privacy policy periodically for changes. Further information on the Privacy Act and the National Privacy Principles can be found on the Australian Privacy Commissioner’s website at <a href="http://www.privacy.gov.au" target="_blank">http://www.privacy.gov.au</a> &nbsp;</p>


<p>Buy My Clothes uses cookies on certain pages of the website to:</p>

<li>Enable you to enter your password less frequently during your time on the website.</li>
<li>Provide information that is targeted to you and your interests</li>
<li>Offer certain features that are only available through the use of cookies</li>
<li>Measure promotional effectiveness</li>
<li>Analyse our site traffic</li>
<li>Buy My Clothes allows embedding of YouTube/Vimeo videos, which are typically flash cookies.</li>


<p><strong>Your choices about cookies</strong></p>

<p>We offer certain features that are only available through the use of a cookie. You are always free to decline cookies if your browser permits. However, if you decline cookies, you may not be able to use certain features on the website, and you may be required to re-enter your password more frequently during a session.</p>


<p><strong>Web beacons</strong></p>

<p>A web beacon is an electronic image, called a single-pixel (1 x 1) or clear GIF placed in the web page code. Web beacons serve many of the same purposes as cookies. In addition, web beacons are used to track the traffic patterns of users from one page to another in order to maximise web traffic flow.</p>


<p><strong>Use of cookies and web beacons by third parties</strong></p>

<p>We may work with other companies who place cookies or web beacons on our website. These companies help operate our websites and provide you with additional products and services. Buy My Clothes does not permit any of these companies to collect personal information using cookies or web beacons on our websites.</p>


<p>Google Analytics is our service provider who uses cookies to help us deliver our own content and compile anonymous site metrics and analytics. This company uses the information collected only to provide us with these services under contract. This information may be used to tailor the advertising you see on Buy My Clothes sites or elsewhere on the web, but they are not permitted to collect any personal information about you.</p>