REPCARD (“the platform”) is an application service owned and operated by Repcard Pty Ltd (ACN 614 573 383) (“we/us”), which enables sellers to create ads for items they would like to sell and/or services they would like to provide (together “products”) to potential buyers.
If you are under 18 years of age, you warrant that you have specific parental or guardian approval to use the platform and that your parent or guardian has read and agrees to these terms and conditions.
We may modify the terms at our discretion at any time by posting updated versions of the terms on the platform. You are responsible for ensuring that you regularly review the terms. Your continued use of the platform following the changes constitutes your acceptance of the updated terms.
The essentials of using REPCARD
- You must provide true, current and accurate information about yourself. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
- You are solely responsible for your account and its use and must take appropriate steps to protect the confidentiality of your password. You may not transfer the account to (or allow access by) another person.
- You are solely responsible for any content that you post on the platform (including any usernames, profile pictures, photos, descriptions, reviews, comments etc) and the consequences of posting that content.
- You represent that you have all necessary rights to your content and that you are not infringing or violating any third party’s rights by posting it.
- By posting your content on the platform, you grant us a license to use it. More particularly, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store and prepare derivative works of your content to operate, promote and improve the platform.
- You agree that you will not post any content that is abusive, threatening, illegal, sexually explicit, defamatory, obscene, vulgar or otherwise offensive or in violation of these terms. You also agree not to post any content that is false or misleading or that uses the platform in a manner that is fraudulent or deceptive. Users who breach this promise will be referred to the authorities if appropriate.
- You agree not to reverse engineer or attempt to obtain the source code for the platform. You will not engage in the mass download of data from the platform in any way whatsoever.
- You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within the platform (including photos) shall remain at all times vested in us or, in the cases where we are using such material or content under licence from a third party, in the owner of such material or content. You may not reproduce such content without express written authorisation from the applicable owner.
- You agree not to interfere with or try to disrupt the platform, for example by releasing a virus or other harmful computer code.
- We reserve the right to monitor, edit or delete any content posted on the platform at our absolute discretion, regardless of whether such content violates these terms.
- You agree that these terms and/or your use of the platform do not create any agency, partnership, joint venture, employment or franchisee relationship between us.
- You acknowledge that you are responsible for the standard SMS charges that apply for issuing an invitation through the platform to other persons in your contact list to join the platform.
The essentials of using REPCARD
When you use the platform, certain information may be recorded, such as:
- your name, address, nationality and gender
- your mobile telephone number and email address
- details with respect to items or services in which you have expressed an interest
- dates and number of times that you have used the platform
We may use the information we collect for the following purposes:
- to operate the platform
- to improve our service
- to promote the platform and inform you of various offers from time to time
- internal administration.
We will not otherwise knowingly give, sell, trade or disclose personal information about you to a third party unless required to do so by law. However, you acknowledge that we cannot guarantee, and therefore shall not be in any way responsible for, either the security of the platform nor the confidentiality of any information provided to, derived or otherwise taken from the platform by us, you, other users or third parties.
By selling products on the platform, you consent to being contacted directly by potential buyers.
You may request access to your personal information held by us and may request that personal information be corrected or updated.
Limitations of the Service
We are not involved in the actual transaction between sellers and buyers.
The content of listings is created by sellers. We do not manufacture, store or inspect any of the products sold through the platform. Accordingly, we have no control over and, to the extent permitted by law, give no warranty, guarantee or representation as to:
- the accuracy, suitability or quality of ads listed by sellers
- the standard, quality, availability, authenticity or legality of products
- the bona fide intentions and ability of the seller to offer a product for sale
- the ability of buyers to pay for products
- the conduct, attributes (including age), ability or reputation of sellers or buyers
- whether a buyer or seller will actually complete a transaction.
Buyers should make their own independent enquiries as to the accuracy and reliability of any information they receive through the platform. You acknowledge that the virtual mannequins on the platform are a visual aid only and that there is no guarantee that they will accurately portray the fit of apparel. Users are responsible for verifying size and measurement directly with sellers.
You agree not to hold us responsible for things other users of the platform post or do (though please notify us if you have concerns.) We are not responsible for any claims, loss or damage resulting from a post or user being removed or not being removed from the platform.
You acknowledge that we do not verify the identity of users nor otherwise screen them and that there are risks, including physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the platform.
The inclusion of a link to a third party website or application (“site”) on the platform does not imply endorsement by us of that site. You acknowledge that such sites may not have been reviewed by us and that we are not responsible for their content. Use of those sites is at your risk.
We do not guarantee that the platform will meet your requirements nor be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the platform or the server that makes it available are free of viruses or bugs or are fully functional, accurate, or reliable.
We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if we have been advised of the possibility of such loss of profits or damages), which are the consequence of you acting or failing to act in any way as a result of the platform.
We may terminate or suspend your account and your access to the platform at any time, for any reason and without advance notice. We may refuse service to anyone, at any time for any reason.
If your account is terminated, you may lose information associated with your account. We will not be liable for the effect that any changes to the platform (or termination of your account) will have on you, including your ability to generate revenue through the platform.
These terms will stay in effect even after your access to the platform is terminated or your use of the platform ends.
Indemnification and release
If we get sued because of something that you did or did not do, you agree to defend and indemnify us (including our directors and employees) from any legal claims or demands (including reasonable solicitor fees) that arise from your actions, your alleged use or misuse of our services, your breach of the terms or your account’s infringement of someone else’s rights. Even if you are indemnifying us, we reserve the right to handle our legal defence however we see fit and you agree to cooperate with us.
If you have a dispute with another user of the platform, you release us (and our directors and employees) from all claims, demands and damages (actual and consequential) arising out of or in any way connected with such disputes.
In the case of a dispute between two or more users of the platform (“disputing parties”), you acknowledge that:
- Any data that we provide to one of the disputing parties will also be provided to the other party/parties to the dispute.
- We may assist (or adjudicate a dispute where requested to do so by all the applicable disputing parties) at our absolute discretion and on whatever terms we believe appropriate.
Any ideas or suggestions that you provide to us about the platform become our exclusive property and you agree that we are entitled to use that information for any purpose without restriction or compensation to you.
The terms are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of courts in Victoria, Australia.
If any part of the terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the terms will otherwise remain in full force and effect. Our failure to enforce any part of the terms is not a waiver of our right to later enforce that or any other part of the terms. We may assign any of our rights and obligations under the terms.
Complaints, comments or queries about the service should be sent to:
||2 Yardley St, Maidstone, Victoria - 3012, Australia
Any applicable information regarding the use of the platform should be included.
All reasonable efforts will be made to respond within 30 days.