Terms of Service 

In these Terms, when we say you or your, we mean you. When we say we, us, or our, we mean Lipstick Preloved Pty Ltd  (ACN – 694894329).

Some capitalised words in these terms and conditions (Terms) have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a user. You cannot use our Services unless you agree to these Terms. The obligations in these Terms apply equally to Suppliers and Customers, unless we state otherwise.

For questions about these Terms, or to get in touch with us, please email: info@lipstickpreloved.com.au

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

  • our privacy policy (on our website) which sets out how we will handle your personal information;
  • clause 4 (Rental Terms) which details that we may charge Customers a Security Deposit when renting items.
  • clause 5 (Cancellations, Refunds and Disputes between Suppliers and Customers) which contains important information about how we may determine disputes between Suppliers and Customers, including by paying amounts in a dispute and requiring you to reimburse us.
  • clause 10 (Debt Recovery and Credit Reporting) which sets out some of the actions we may take where you do not comply with your obligations to us or other users of the Platform.
  • clause 16 (Liability) which sets out exclusions and limitations to our liability under these Terms; and
  • clause 8 (Updates to Terms), which sets out how we may amend these Terms.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Account

  1. Suppliers must sign up for an Account in order to use our Platform.
    Customers must sign up for an Account in order to access functionality
    that is only available with an Account.
  2. While you have an Account with us, you agree to:
    -keep your information up-to-date (and ensure it remains true, accurate and complete);
    -keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
    -notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.
  3. If you close your Account, you will lose access to the Services.

2. Services

  1. Our Platform is a place where Suppliers and Customers can find each other, for the purpose of buying, selling and renting preloved clothing and accessories.
  2. Subject to your compliance with these Terms, we will provide you with access to the Services and a right to use our Platform (which may be suspended or revoked in accordance with these Terms). Unless set out on the Platform,
    this right cannot be passed on or transferred to any other person.
  3. We only provide our Services and are not a party to any transaction between Suppliers and Customers.

3. Platform Summary

  1. Our Platform facilitates connections between Suppliers and Customers for the purposes of offering and purchasing or renting goods (Offer).
  2. Suppliers may create Listings on our Platform detailing their Offers, subject to any requirements we set out on our Platform. By posting a Listing, Suppliers:
    (a) confirm that they are legally entitled to and capable of supplying the Offer described in the Listing;
    (b) warrant that all information in their Listing is accurate, complete and up to date;
    (c) agree to include any special terms and conditions in the relevant Listing; and
    (d) must comply with all laws applicable to the Offer.
  3. Customers may browse existing Listings and interact with Suppliers through our Platform.
  4. A binding contract (Confirmed Order) between Suppliers and Customers is formed when Customers accept an Offer by making payment through our Platform.
  5. Suppliers and Customers may negotiate modifications to a Confirmed Order. Any agreed changes must be documented in writing and will become part of the Confirmed Order.
  6. Suppliers and Customers must not use our Platform to obtain each other’s contact details for the purpose of circumventing any fees payable to us for the use of our Platform and our Services.
  7. We do not endorse or approve, and are not responsible for, any Offers or the details of any Listings. We may, at any time (at our sole discretion and without any Liability), remove any Listings, including where we consider an Offer or a Listing:
    (a) is illegal or offensive; and/or
    (b) contains graphic, inappropriate or unlawful content.
  8. Upon termination of these Terms:
    (a) for Suppliers, their existing Listings will be removed and any purchased Offers not yet provided will be cancelled (and Customers will be refunded accordingly); and
    (b) for Customers, their purchased Offers not yet provided will be honoured unless it is a requirement of the relevant Offer that Customers are active users of our Platform (in which case a refund will be at the discretion of Suppliers or the terms of the relevant Listing (if any)).

4. Rental Terms

  1. For rental Offers, Suppliers and Customers must use the shipping services we specify on the Platform.
  2. We will authorise a Security Deposit on the Customer’s payment method at the time the rental is confirmed.
    The Security Deposit amount will be as specified on the Platform and is calculated as a percentage
    of the Actual Value specified by the Supplier.
  3. The Security Deposit will be:
    (a) held as an authorisation on the Customer’s payment method (and not paid to the Supplier);
    (b) released once we are satisfied (acting reasonably) that the item has been returned to the Supplier in acceptable condition and within the required timeframe; and
    (c) charged (in whole or in part) to cover costs where the item is damaged, not returned, or returned late, subject to the dispute resolution process set out in clause 5.
  4. Customers must return rented items to the Supplier by the end of the rental period in the same condition as received (subject to reasonable wear and tear) and using the return method specified in the Listing or on the Platform.

5. Cancellations, Refunds and Disputes between Suppliers and Customers

  1. Where we provide our Platform through a mobile application, this clause is subject to (and any refunds must comply with) (as applicable) Apple’s Refund Policy and Google Play Refund Policy.
  2. The cancellation and refund of any amounts paid in respect of an Offer is a matter between Suppliers and Customers, subject to this clause.
    The terms and conditions of a Listing must clearly set out whether refunds or cancellations are permitted.
  3. A Customer or a Supplier may open a dispute through the Platform in the limited circumstances provided by this clause by detailing the issue related to an Offer and steps taken to resolve it (Dispute).
  4. Rental disputes between Suppliers and Customers: For rental Offers, where a Customer does not comply with clause 4.4:
    (a) the Supplier may open a Dispute through the Platform;
    (b) we will contact the Customer on behalf of the Supplier to seek resolution;
    (c) if the matter is not resolved within 14 days from the date of the Dispute being opened, we may (acting reasonably):
    (1) charge the Security Deposit (in whole or in part) and pay the proceeds to the Supplier; and/or
    (2) pay the Supplier the amount of their loss or damage attributable to the Customer’s non-compliance, up to a maximum amount of the Actual Value (Supplier Reimbursement), which is a debt due and payable by the Customer to us. We may recover this amount from the Customer and deduct from any future payments made in favour of the Customer through the Platform; and
    (d) take the action set out at clause 10.
  5. Sales Disputes between Customers and Suppliers:
    (a) If a Supplier fails to deliver the item specified in an Offer to a Customer;
    (b) the Customer has attempted to communicate with the Supplier (including through our Platform) about the unfulfilled Offer; and
    (c) the Supplier does not respond, or the matter is not resolved,
    then the Customer may open a Dispute and the below process will apply:
    (d) if a Supplier does not respond to a Customer’s dispute within 10 days of the Dispute being opened, the Dispute will be determined in the Customer’s favour;
    (e) we may fully or partially refund the Customer the value of the Offer; and
    (f) the amount refunded plus any Service Fee related to the Offer under a Dispute, is a debt due and payable by the Supplier to us, which we recover and deduct from any future payments made in favour of the Supplier through the Platform.
  6. This clause will survive the termination or expiry of these Terms.

6. Payments

  1. You must pay all amounts due to us under these Terms in accordance with these Terms or as set out on our Platform (as applicable).
  2. We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.
  3. If any fees due to us under these Terms or as a result of your use of our Platform are not paid on time, we may:
    (a) suspend your access to our Services (including access to our Platform); and
    (b) charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.
  4. You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

7. Platform Service Fee

  1. In consideration for providing our Services, we will charge a service fee to Suppliers as set out on our Platform which is payable by the Suppliers at the time of receipt of the Offer Price for a Listing (Service Fee).
    We will deduct the Service Fee and any third-party payment processing fees from the Offer Price paid by Customers.
    Where we make promotional opportunities and other services available through our Platform, we may also charge fees for these as specified on the Platform.
    We may also pass on any payment method transaction fee we incur from our third-party payment processor to the Customer (Transaction Fee),
    if we do this the fee will be clearly set out on our Platform before a Customer confirms the making of an Offer.

8. Identity Checks

  1. Before you can have an Account or use some parts of our Services, we may require you to pass our identity verification process (Identity Check).
    We may conduct this process ourselves or through a third party.
  2. You agree to co-operate with us in carrying out the Identity Check, including by providing us with any Personal Information necessary to complete this process (such as your name, proof of address, and proof of identity).
    Where we have engaged a third party to carry out the Identity Check, you consent to us disclosing your Personal Information to that third party for this purpose.

9. Reviews

  1. Suppliers and Customers may review their experiences with each other on our Platform (Review).
    We may remove Suppliers and Customers from our Platform (in our sole discretion) who receive a high number of negative Reviews.
  2. You agree to provide true, fair and accurate information in your Review.
    If we consider that your Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting further Reviews.
    We do not undertake to review each Review.
    To the maximum extent permitted by law, we are not responsible for the content of any Review.
  3. You may only write a Review about your own experience.
    You must not write a Review about another person’s experience.
  4. If you have been offered an incentive (such as a gift, reward, discount or payment) for leaving a Review,
    you should include information about this in your Review.
  5. You must not disclose any Personal Information in your Review.

10. Debt Recovery and Credit Reporting

  1. Where you fail to pay amounts due to us or to another user (including where we have paid another user because of your non-compliance with these Terms) or fail to return items as required by rental Offers, we may:
    (a) in relation to amounts due, engage debt collection agencies to recover the outstanding amounts;
    (b) subject to us complying with applicable law, report your default, and debt in the event of amounts due, to credit reporting or similar bodies; and
    (c) in relation to amounts due, take any other action available to us at law to recover the debt.

11. Confidential Information

  1. You may come across confidential information of other users during the use of our Services. You agree to:
    (a) keep all confidential information strictly confidential;
    (b) use confidential information solely for Platform transactions; and
    (c) not disclose confidential information without permission or as required by law.
  2. We commit to protecting users’ confidential information and will only use it for the purpose of supplying our Services.
  3. This clause does not apply to information that is or becomes publicly available through no fault of the receiving party;
    is required to be disclosed by law, regulation, or court order;
    is rightfully received from a third party without a duty of confidentiality;
    is independently developed by the receiving party without use of confidential information;
    or is approved for release by written authorization of the disclosing party.
  4. These obligations survive the termination or expiry of these Terms or any Platform transaction.

12. Personal Information

  1. We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws.
    As set out in our privacy policy, we may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).
    As part of our Services, we will also need to disclose information about Customers to Suppliers, and vice versa, so that they can connect and transact.
  2. You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
  3. Suppliers and Customers must not disclose Personal Information about each other to third parties unless authorised by these Terms or by law.
  4. Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements,
    and you agree to provide us with such information within the timeframes reasonably requested by us.
  5. This clause will survive the termination or expiry of these Terms.

13. Intellectual Property

  1. Our copyrighted works, trademarks, inventions, designs and other intellectual property.
    You agree not to copy or otherwise misuse our intellectual property without our written permission
    (for example, to reverse engineer or discover the source code of our intellectual property),
    and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.
  2. We may use any feedback or suggestions that you give us in any manner which we see fit
    (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
  3. We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform
    (including uploading a Listing or photograph), you grant us the right to access, analyse, backup, copy, store, transmit,
    and otherwise use Your Data while you have an Account with us (and for a reasonable period of time afterwards).
    We may use Your Data (or disclose it to third party service providers) to:
    (a) supply our Services to you and otherwise perform our obligations under these Terms;
    (b) diagnose problems with our Services; and
    (c) perform analytics and improve, develop and protect our Platform.
  4. You must ensure you hold all intellectual property rights in Your Data or information you share or upload to the Platform
    (including in a Listing) and you must not commit any intellectual property breach in connection with these Terms.
  5. Despite the above clauses, where you upload an image or video (Image) to the Platform and use our Services to modify, transform, edit, or manipulate the Image (Edited Image),
    you agree that the Edited Image vests in us and we grant you a limited licence to use the Edited Image on our Platform solely for the purpose of the use and enjoyment of the Platform.
    You agree not to use any Edited Image outside of our Platform without our prior written consent.
  6. This clause will survive the termination or expiry of these Terms.

14. Acceptable Use and Prohibited Conduct

  1. You must not:
    (a) access or use our Platform in any way that is improper or breaches any laws, infringes any person’s rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
    (b) provide false or misleading information in any Listing, including in relation to the Actual Value of any item offered for rent;
    (c) use the Services for inappropriate, unethical, unreasonable or illegal reasons;
    (d) interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;
    (e) introduce any viruses or other malicious software code into our Platform;
    (f) attempt to access any data or log into any server or account that you are not expressly authorised to access;
    (g) use our Platform to send unsolicited electronic messages;
    (h) use data mining, robots, scraping or other data gathering and extraction tools on our Platform; or
    (i) access or use our Platform to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
  2. If you breach clause 14.1, we can suspend your access to the Platform or terminate these Terms in accordance with clause 18.

15. Consumer Law Rights

  1. In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights),
    and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights
    and the express wording of these Terms. Our liability for a breach of your Consumer Law Rights is,
    unless the laws of your jurisdiction state otherwise, limited to either resupplying our Services,
    or paying the cost of having our Services resupplied.
  2. If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify
    the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law
    (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
  3. Customers may have Consumer Law Rights owed to them by Suppliers in respect of Offers made by Suppliers.

16. Liability

  1. To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
    (a) any aspect of the interactions between Suppliers and Customers, including in relation to any Offers and Listings;
    (b) in relation to rental Offers, any failure by a Customer to return a rented item, or return it in acceptable condition, or any damage to or loss of items while in a Customer’s possession;
    (c) (where we provide our Platform through a mobile application) your failure to comply with any app store requirements of Apple Inc. or the Google Play Store;
    (d) any use of our Services by a person or entity other than you;
    (e) any other user’s breach of the Confidential Information, Personal Information and/or Intellectual Property provisions of these Terms; and
    (f) disruptions or downtime caused or contributed to by third parties.
  2. Where you engage third parties to operate alongside our Platform (for example, any third-party software systems you wish to integrate with our Platform),
    those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide,
    unless we expressly agree otherwise in writing.
  3. Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
    (a) neither we or you are liable for any Consequential Loss;
    (b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss; and
    (c) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$1,000.
  4. This clause will survive the termination or expiry of these Terms.

17. Notice Regarding Apple

  • To the extent that you are using or accessing our Platform on an iOS device through a mobile application from the Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for our Platform and any content available on our Platform.
  • Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
  • If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
  • Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
  • Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
  • You agree to comply with any applicable third-party terms when using our mobile application.
  • Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
  • You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

18. Suspension and Termination

  1. Suspension and Termination
    1.1 We may suspend your access to our Services where:
    (a) we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform);
    (b) you fail to return a rented item or repeatedly breach the terms of rental Offers;
    (c) we reasonably believe that you have breached these Terms; and/or
    (d) you fail to comply with any acceptable use or participation rules we have on the Platform.
    If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.1.2 We may terminate these Terms (meaning you will lose access to our Services, including access to your Account) if:
    (a) you fail to pay any amounts payable to us under these Terms when they are due;
    (b) you breach clause 14.1;
    (c) you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
    (d) you breach these Terms and that breach cannot be remedied; or
    (e) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).1.3 You may immediately terminate these Terms:
    (a) in accordance with clause 19.8;
    (b) if we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
    (c) if we breach these Terms and that breach cannot be remedied.

    1.4 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 19.6), and termination will take effect immediately.

    1.5 Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements;

    1.6 Termination of these Terms will not affect any other rights or liabilities that we or you may have.

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

  2. General
    2.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.2.2 Disputes with Lipstick Preloved: Neither we nor you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
    If the Dispute is not resolved at that initial meeting:
    (a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
    (b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Wagga Wagga, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.2.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Platform), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

    2.4 Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.

    2.5 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, contractor relationship or employment relationship between us and you.

    2.6 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

    2.7 Service Availability: We strive to make the Services available but do not guarantee 100% uptime. The Services may be disrupted due to scheduled or emergency maintenance, or issues with third-party providers upon which the Services rely.

    2.8 Updates to Terms: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment you may stop using our Platform, or if you have an Account then you may close your Account with effect from the date of the change in these Terms by providing written notice to us. If you close your Account, you will no longer be able to access our Services (including our Platform) on and from the date of cancellation.

19. General

19.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer debt owed by you to us to a debt collector or other third party.
19.2 Disputes with Lipstick Preloved: Neither we nor you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
If the Dispute is not resolved at that initial meeting
(a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation, or
(b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Wagga Wagga, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
19.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Platform), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
19.4 Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.
19.5 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, contractor relationship or employment relationship between us and you.
19.6 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.
19.7 Service Availability: We strive to make the Services available but do not guarantee 100% uptime. The Services may be disrupted due to scheduled or emergency maintenance, or issues with third-party providers upon which the Services rely.
19.8 Updates to Terms: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment you may stop using our Platform, or if you have an Account then you may close your Account with effect from the date of the change in these Terms by providing written notice to us. If you close your Account, you will no longer be able to access our Services (including our Platform) on and from the date of cancellation.

20. Definitions

20.1 In these Terms:
Account means an account accessible to the individual or entity who signed up to our Services.
Actual Value means the actual cost or current market value of an item offered for rental, as specified by the Supplier in the Listing.
Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute “Consequential Loss”.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
Listing means a description of an Offer created by Suppliers on our Platform, which includes details of the Offer, its terms and conditions, and the Offer Price.
Offer has the meaning given in clause 3.1.
Offer Price means the price agreed between Suppliers and Customers for an Offer in a Listing.
Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
Platform means our cloud-based platform that we provide you with access to as part of the Services.
Security Deposit means the amount authorised on a Customer’s payment method when confirming a rental Offer.
Services means access to the Platform we provide to you, but do not include support services or any other additional services unless we agree otherwise in writing with you.
Supplier means a person that uses the Platform to offer or supply goods to Customers.
Customer means any person that uses the Platform to browse, purchase, rent or otherwise acquire goods from Suppliers.
Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving our Services (including any Listing) or stored by or generated by your use of our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services.

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