MARKETPLACE TERMS AND CONDITIONS
Closet Raid Pty Ltd (ABN 24 609 696 264) trading as Closet Raid (referred to as Closet Raid) provides a booking platform, payment platform, searchable directory and introductory service between (i) persons who wish to hire new or used clothing or accessories for a certain period (Hire Period) or purchase new or used clothing or accessories (Customers) and (ii) owners of such clothing or accessories who are able to provide these goods for rent or purchase in exchange for a fee (Owners) (collectively, the Services). The Services are available on the Closet Raid website at www.closetraid.com.au (Site).
Acceptance of Terms
- These Marketplace Terms and Conditions (Terms) form a binding legal agreement between Closet Raid, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services including Customers and Owners (collectively referred to as Users, each a User). By using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, the User is encouraged to contact Closet Raid using the contact details at the end of these Terms.
The User’s use of the Site and the Services indicates that the User:
- has had sufficient opportunity to access the Terms and contact Closet Raid;
- has read, accepted and will comply with the Terms;
- has legal capacity to enter into a contract for sale; and
- is 18 years or older.
- These Terms may be amended from time to time. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. Although Closet Raid will endeavour to notify registered Users regarding amended Terms via email at least 14 days prior to any changes taking effect, Closet Raid recommends that each User check the current Terms, before continuing use of the Services. Closet Raid’s agents, employees and third parties do not have authority to change the Terms.
- Users acknowledge that use of the Services may also be subject to third party terms and conditions as set out on the Site including but not limited to the Stripe Services Agreement.
Introductory Service Only
- The Site and the Services provide a booking platform, payment platform, searchable directory of Owners and an online introductory platform between Customers and Owners.
- Owners are able to create a listing (Listing) on the Site to advertise new or used clothing or accessories available for hire or purchase (Outfit). Each Listing must offer only one Outfit. An Owner may offer multiple Outfits of the same or different sizes and colour but the Owner must arrange separate Listings of each.
- An Owner must set out all relevant information in a Listing including but not limited to: a description of the Outfit; whether an Outfit is available for hire or purchase; if for hire, the applicable rate for hiring the Outfit; if for purchase, the purchase price for an Outfit; any cleaning requirements; any delivery fees in respect of an Outfit or whether an Outfit is available for pick-up and drop-off; any refund and exchange policy in respect of an Outfit; any replacement costs if an Outfit is lost or damaged; any late fees if an Outfit is dispatched by a Customer after the last day of the Hire Period; and any other terms and conditions applicable to the sale of the Outfit. Where applicable, each Listing will also contain a calendar showing the availability of an Outfit for hire.
- Customers will be able to view Listings, hire or purchase any Outfits and request delivery of the Outfit at a chosen date and time (Delivery) through the Site.
- When a Customer submits an order to purchase an Outfit (Order) or request to hire an Outfit for a period of time as set on the Site (Booking), they accept any terms and conditions set out by the Owner in the relevant Listing.
- Each Booking must be made for a minimum period as set out on the Site and may be subject to additional conditions. For example: Bookings must be placed no later than two weeks prior to Delivery; and a Customer may make Bookings up to three months in advance.
- A User can browse and view Listings, the Site as an unregistered user of the Site. A User must register on the Site and create an account (Account) to access some Services and features on the Site. Users with an Account may create a profile as per information requested on the Site (Profile) submit Orders or Bookings, favourite Listings, contact other users and share Listings on third party social media pages such as Instagram, Facebook and Pinterest.
- Each User understands and agrees that the Site is an online introductory platform only, and that Closet Raid’s responsibilities are limited to facilitating the availability of the Site and the Services.
- Closet Raid is not a party to any agreement entered into between a Customer and an Owner. Closet Raid is not a referrer or booking agent, and provides no such related services. Closet Raid has no control over the conduct of Customers, Owners and any other users of the Site and the Services. Closet Raid disclaims all liability in this regard, as set out in these Terms.
- Any arrangement between a Customer and an Owner is solely between the Customer and Owner. It is strictly and expressly not part of the User’s agreement with Closet Raid.
Delivery of Outfits
- When a Customer submits an Order or Booking, the Site will populate a Delivery slip containing the relevant details for: (i) an Owner to dispatch the requested Outfit to a Customer; and (ii) with respect to Order(s), for a Customer to dispatch a hired Outfit to be received by the relevant Owner on or before the last day of the Hire Period. Closet Raid will endeavour to send Customers an email reminder to return a hired Outfit on or before the Hire Period two days before the expiration of the Hire Period.
- Closet Raid is not involved in the delivery of an Outfit from the Owner to the Customer or Customer to Owner. Users are solely responsible for ensuring the Outfit is received in accordance with the Booking.
- If the User is the Owner, the Owner must ensure the Outfit is received by the Customer on or prior to the commencement of the Booking period. Each Owner is to arrange Delivery of any Outfit following acceptance of an Order or Booking from the Customer. Each Owner acknowledges and agrees they must ensure an Outfit is delivered to a Customer at least 48 hours prior to the date nominated by the Customer for use of the Outfit. For example, if an Outfit is required for 5pm on Wednesday, the Owner agrees to deliver the Outfit by 5pm on Monday.
- If the User is a Customer, the Customer must ensure the Outfit is received by the Owner on or prior to the expiry of the Booking Period. Each Customer acknowledges and agrees it will arrange delivery of any hired Outfits to ensure its receipt by the Owner on or before the last day of the Hire Period at its own cost.
- Users are required to refer to Delivery information provided by Closet Raid on the Site. Delivery information for Owners and Customers are set out on the Site. Customers must also contact applicable Owner directly to confirm (i) the Owner is within the delivery area, (ii) the applicable delivery fees, (iii) estimated dispatch time of Outfit, (iv) the method of delivery, (v) subject to clause 7 below, when risk of loss, damage or deterioration to any Outfits passes to the Customer, and (vi) what to do if an Outfit is delayed, damaged or goes missing in the delivery process.
- Each User may only have one (1) Account on the Site including a Profile.
- Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including name, email address, and location and to select a username and password.
- Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Closet Raid reserves the right to suspend or terminate any User’s Account and his/her access to the Site and Services if any information provided to Closet Raid proves to be inaccurate, not current or incomplete.
- Closet Raid recommends Users change their passwords at regular intervals.
- It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
- The User will immediately notify Closet Raid of any unauthorised use of its Account.
Users and User Profiles
- Users who have created an Account are permitted to create Profiles. The User’s Profile for use of the Site is created from the personal information provided to Closet Raid.
- Each User acknowledges and agrees that they are responsible for their own Profile.
- Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk. Closet Raid does not provide a User with and cannot guarantee that other Users have genuine intentions.
Each User should report to Closet Raid any activities or requests of Users which are, or which the User reasonably believes to be:
- illegal; or
- likely to have a negative effect on the reputation of Closet Raid, the Site, Services and/or a User.
- Each User acknowledges and agrees that while the Site allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.
Each User represents and warrants that any content provided and Profile and Listing posted:
- will not breach any agreements entered into with any third parties;
- will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in their local area and country; and
- will not conflict with the rights of third parties.
- For the avoidance of doubt, Closet Raid assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.
- Closet Raid reserves the right, at any time and without prior notice, to remove or disable access to any Account, Profile and/or Listing for any reason, including Accounts, Profiles and/or Listings that Closet Raid, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
Owners – additional requirements, warranties and obligations
- Each Owner agrees to provide accurate, current and complete information in any Listing created. Each Owner acknowledges and agrees that each Listing created is their own responsibility.
Each Owner acknowledges and agrees that Closet Raid owns all Intellectual Property rights in any works or materials which may be provided by Closet Raid to the Owner. An Owner agrees that they will not breach Closet Raid’s Intellectual Property rights by, including but not limited to:
- altering or modifying any of the materials;
- creating derivative works in the materials; or
- using the materials for a commercial purpose (such as on sale to third parties).
Each Owner represents and warrants that they:
- will not in any way hold themselves out as acting for or on behalf of Closet Raid, whether as an agent, contractor, employee or otherwise;
- will act lawfully and will acquire any applicable licences, comply with any applicable laws, regulations, industry codes of conduct, health and safety requirements and Australian standards in offering the Outfits; and
- will only offer for hire or sale Outfits that they hold all legal title to and are authorised to offer for sale or hire.
Title and Risk
- Unless otherwise stated in a Listing: if a Customer purchases an Outfit, title in the Outfit will not pass to the Customer until the later of delivery or when the Customer’s payment has been processed or otherwise received by the Owner; or
if a Customer hires an Outfit, the Customer agrees:
- they use the Outfits at their own risk. Risk in the Outfit and all responsibility for theft, damage and replacement passes to the Customer immediately upon Delivery of the Outfit;
- the Customer assumes all risk and liability for loss, damage or injury to persons or property belonging to the Customer or third parties, arising out of the use, custody or control of the Outfit;
- Title in the Outfit remains with the Owner at all times.
Ratings and Reviews
- Users may rate a Profile or Listing (Rating), which determines the popularity of individual Profiles or Listings. Users will be asked to rate their experience with (as applicable) a Customer or Owner for an Order or Booking under set categories such as timeliness of Delivery, shipping, communications and postage costs. Users may provide feedback to another User regarding Outfits purchased or hired (Review).
- Ratings and Reviews can be viewed by any User. Ratings and Reviews will remain viewable until the relevant User’s Account, Profile and Listing is removed or terminated.
- Each User must provide true, fair and accurate information in their Review.
- If, in Closet Raid’s reasonable assessment, the Review is untrue, unfair, inaccurate, offensive or inappropriate, Closet Raid may delete the Review or ban the User from posting the Review. Closet Raid does not undertake to review each Review made by a User.
- To the fullest extent permitted by law, Closet Raid is not responsible for the content of any Reviews.
- Users do not have to pay a fee to register for an Account or to access and use the Site.
- Whilst Customers do not need to pay a fee for the Services, they acknowledge that the use of the Services may result in charges to them for Outfits they receive, including any applicable insurance, delivery fees and taxes (Outfit Fee). For the avoidance of doubt, each Owner is solely responsible for taking out any insurance for the Outfit they offer for hire.
- Each User agrees to pay the relevant fees, in the currency specified on the Site, at the time that it makes a Booking or Order, or requests for additional Listings. Each Customer is required to pay upfront the applicable Outfit Fees in respect of a Booking or an Order.
- Goods and Services Tax (GST) will be charged where applicable.
- The User must pay the applicable fees via Stripe. Payment of Outfit Fees will be processed upon receipt of the request for a Booking or an Order. The User must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means. If a User’s payment is not able to be successfully processed then the request for a Booking or Order may be cancelled.
- Each Owner acknowledges and agrees: that a Closet Raid service fee as set out on the Site is payable between the Owner and Closet Raid upon payment of the Outfit Fee (Service Fee); the Service Fee will be deducted from the Outfit Fee and will be paid, via Stripe, to Closet Raid. The remaining balance (less any fees payable to Stripe or Closet Raid’s third party payment processor) will be paid via Stripe to the Owner.
- In the absence of fraud or mistake, all payments made are final and the User shall not have the right to cancel its purchase for any reason and further each User agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out in these Terms.
- If the User makes a payment by debit or credit card, the User warrants that the information provided to Closet Raid’s payment facility provider is true, accurate and complete, that the User is authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the User will maintain sufficient funds in the account to cover the purchase price.
- Nothing prevents Closet Raid from taking any action necessary to recover any unpaid fees. If the User fails to pay, the User’s information will be passed on for collection and or legal action. The User acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If the User at any time exceeds Closet Raid’s payment terms and as a result are passed on for collection and or legal action, Closet Raid may place a default against the User with a credit reporting agency.
- Each Customer acknowledges that Closet Raid facilitates the supply of Outfits and does not offer any Outfits whether for hire or for sale to a Customer. Since Closet Raid is only a facilitator in introducing Customers to Owners and providing a system in which to make safe payment, subject to the cancellation and refund policy below, the Customer must resolve any issues regarding refunds of Outfit Fees with the relevant Owner themselves.
- Closet Raid’s pricing structure or payment methods may be amended from time to time at its sole discretion.
Offers and Promotions
- Closet Raid may, from time to time, make offers or promotions which may be applicable to the Services.
- The conditions of such offers or promotions will be specified on the Site.
- The User acknowledges and agrees that Closet Raid may, at its sole discretion, remove or extend any offers or promotions, and Closet Raid will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.
- By using our Site and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Customer, Owner or other third party, will be limited to a claim against the Customer, Owner or other third party, who caused them harm. Closet Raid encourages Users to communicate via the Site directly with the relevant Customer, Owner or third party to resolve any disputes.
- Closet Raid welcomes feedback from its Users. Closet Raid seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of the staff.
If there are any complaints from a User, Closet Raid will aim to respond and provide a suitable solution within 30 days. If a User is not satisfied with Closet Raid’s response, the User and Closet Raid agree to the following dispute resolution procedure:
- The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and Closet Raid agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
- If a resolution cannot be agreed upon at the Initial Meeting, either the User or Closet Raid may refer the matter to a mediator. If the User and Closet Raid cannot agree on who the mediator should be, the complainant will ask the Law Society of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
- Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.
Cancellation of Registration
- If a User wishes to cancel its registration, it will need to do so in writing by contacting us at the email address at the bottom of these Terms. Users can also deactivate their Account at any time via the Site.
- No refunds will be made upon cancellation except as specified in the Refund Policy set out in these Terms.
- If the User is an Owner seeking a refund of the Service Fee, the User should contact Closet Raid directly to discuss any issues regarding refund.
- Any cancellation, exchange, return or refund of an Outfit is strictly a matter between the Customer and the Owner. The terms and conditions agreed to between the Customer and the Owner should be set out clearly in the Listing in respect of the Outfit.
- Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.
- If the User is a consumer as defined in the ACL, the following notice applies to the User from Closet Raid: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”
- All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secret and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site and Services, the layout, appearance and look of the Site together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Closet Raid (or its affiliates and/or third party licensors as applicable).
- The User agrees that, as between the User and Closet Raid, Closet Raid owns or holds the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Closet Raid or the owner of the content.
- Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).
- Closet Raid’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Closet Raid or the applicable trademark holder or Intellectual Property owner.
- Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Closet Raid or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.
- Subject to these Terms, Closet Raid grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Closet Raid’s prior written consent.
- The right to use the Site and Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Services other than to use it in accordance with these Terms.
- This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
Permitted and Prohibited Conduct
The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services. In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:
- use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- register for more than one Account or register for an Account on behalf of another individual and/or entity;
- use the Services to find an Owner and then complete, or assist another individual to complete, a Booking, Order or transaction independent of the Services in order to circumvent the obligation to pay any fees related to Closet Raid’s provision of the Services;
- post any Review or upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User, Profile or Listing;
- submit any false or misleading information;
- as an Owner, offer any Outfits that it does not intend to honour or cannot provide;
- as a Customer, make any offers, Bookings or Orders to the Owner that it does not intend to honour;
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
- copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
- stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;
- use, display, mirror or frame the Site or any individual element within the Site, Services, Closet Raid’s name, any Closet Raid trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Closet Raid’s express written consent; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services. In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:
- The Site, Services, and Intellectual Property are protected by copyright, trademark, and other laws of Australia and international countries. The User acknowledges and agrees that the Site, Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of Closet Raid and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual Property.
The User must not post, upload, publish, submit or transmit any content that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- is fraudulent, false, misleading or deceptive;
- denigrates Closet Raid, the Site, Services, a Customer, or an Owner;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances.
- Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Site and Services, the User grants to Closet Raid a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site and Services.
The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site and Services. The User represents and warrants that:
- it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Closet Raid the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
- neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Closet Raid’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Closet Raid may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
- Closet Raid does not guarantee that Outfits will be requested by any Customers, nor does Closet Raid guarantee that Customers will be able to find desirable Owner or Outfit.
- Closet Raid does not endorse any Owner, Customer, Profile, Listing or Outfit. Closet Raid requires Owners and Customers to confirm that they have provided accurate information. Closet Raid does not perform any sort of background checks of Owners or Customers, and does not confirm, any Customer’s or Owner’s identity, Profile, Listing or Outfits.
- Closet Raid cannot and does not control the content contained in any Profiles or Listings or the condition, legality or suitability of any Owner or Outfits. Customers are responsible for determining the identity and suitability of Owners that they contact via the Services and the Outfits.
- Closet Raid accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. Closet Raid disclaims any and all liability related to any and all Customers, Owners, Profiles, Listings and Outfits.
- Closet Raid recommends all Users to use a non-residential address to accept any Delivery.
- By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Customer, Owner or other third parties will be limited to a claim against the Customer, Owner or other third party who caused it harm. Closet Raid encourages the User to communicate directly with the relevant Customer or Owner on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
- To the fullest extent allowable under applicable law, Closet Raid disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
- For the avoidance of doubt, Closet Raid is not responsible for any duties, fees, taxation, visa, consumer law or immigration matters associated under these Terms. Closet Raid advises that all Users using the Site and Services should seek advice in relation to these matters.
- Each Customer and Owner who uses the Site and the Services does so at their own risk.
Closet Raid excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:
- Closet Raid expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
- Closet Raid does not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components;
- Closet Raid takes no responsibility for, and will not be liable for, the Site, the Services, a Customer, an Owner or any Outfits being unavailable, of a particular standard of workmanship, failing to meet the Profile description, failing to meet the Listing description, failing to meet the User’s needs, or being of less than merchantable quality; and
- Closet Raid will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, content on the Site, inability to access or use the Site, the Services, any Profile, any Listing, any Outfits or the Terms, even if Closet Raid was expressly advised of the likelihood of such loss or damage.
- The User agrees not to attempt to impose liability on, or seek any legal remedy from Closet Raid with respect to such actions or omissions.
Limitation of Liability
- Closet Raid’s total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to Closet Raid in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
- The limitations of damages set forth above are fundamental elements of the basis of the bargain between Closet Raid and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
- This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Closet Raid.
- Each User agrees to defend and indemnify and hold Closet Raid (and Closet Raid’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
- Closet Raid reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
- This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Closet Raid without restriction.
- Accuracy: While Closet Raid will endeavour to keep the information up to date and correct, Closet Raid makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Closet Raid expressly excludes any liability for such to the fullest extent permissible by law.
- Termination: Closet Raid reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User. If Closet Raid decides to terminate a User’s Account any of the following may occur, with or without notice to the User: (a) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, Services, its Account or its User Content; (b) any pending or future Booking or Order (in respect of a Customer or an Owner) will be immediately terminated; (c) Closet Raid may communicate to the relevant Customer or Owner that the Booking or Order has been cancelled; (d) Closet Raid may refund the Customer in full, regardless of the cancellation and refund policy; (e) Closet Raid may contact Customer to inform them of potential alternative Outfits available from different Owners on the Site and Services; and (f) the User will not be entitled to any compensation for Bookings or Orders that were cancelled as a result of a suspension, deactivation or termination of their Account.
- Fraudulent Activities: Each User acknowledges and agrees that, in the event Closet Raid reasonably suspects that there are fraudulent activities occurring within the Site and Services, Closet Raid reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
- Force Majeure: Closet Raid will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
- Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
- Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Closet Raid of any of the Terms shall be effective unless Closet Raid expressly states that it is a waiver and Closet Raid communicates it to the User in writing.
- Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Closet Raid’s prior written consent.
- Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of Victoria, Australia, and subject to the exclusive jurisdiction of Victorian courts. The Site may be accessed throughout Australia and overseas. Closet Raid makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site.
- Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Closet Raid and each User, and supersede any prior agreement, understanding or arrangement between Closet Raid and each User, whether oral or in writing.
For questions and notices, please contact:
Closet Raid Pty Ltd (ABN 24 609 696 264) t/a Closet Raid
PO Box 1053
Mitcham North VIC 3132
Last update: 11 April 2017
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