VIRDROBE USER TERMS AND CONDITIONS (USER AGREEMENT)
Last modified: 19 April 2018
Thank you for visiting Virdrobe! We are excited to have you start using our service, but there are some limits on the use of our Application as set out below.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR SERVICE.
The following definitions apply to this User Agreement:
“Application” means the downloadable mobile (smartphone device) software application owned and operated by Virdrobe Pty Ltd trading as Virdrobe and our related bodies corporate, the subject of this User Agreement;
“Services” means the Application, products, services, content, advertisements, http://virdrobeapp.com or other domains and online communication methods provided by Virdrobe Pty Ltd trading as Virdrobe. This includes updates and upgrades as well as accompanying manual(s), packaging and other written, electronic or on line materials or documentation, and any copies of such software and its materials.
“User” means customers (including potential buyers and sellers) who register to download and use the Application and Services;
1. INTRODUCTION TO OUR SERVICES
For the purpose of this User Agreement, this Application and all its pages are owned and operated by Virdrobe Pty Ltd (ACN 614 657 386) trading as “Virdrobe” and our related bodies corporate (referred to as ‘we, our’ and us’ in this User Agreement).
Virdrobe Pty Ltd is registered under the Corporations Act 2001 (Cth) and our business address is at: PO Box 477, West Footscray VIC 3012
2. USING OUR SERVICES
Virdrobe is a downloadable mobile software application, as governed by this User Agreement. Virdrobe enables sellers to create advertisements for items they would like to sell and/or services they would like to provide (together “Products”) to potential buyers. It also allows third parties to submit content and material which may be published or distributed electronically.
To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors. It is your responsibility not to lose, destroy, or damage the Application once downloaded. We encourage you to back up your device (be it smartphone or tablet) content regularly.
You may use our Services for personal and commercial purposes. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, software, products or services containing within this Application or related Services.
We reserve the right to immediately restrict, suspend or terminate without notice your access to the Application and related Services in case we discover any interference between your use of the Application and our operations.
The essentials of using VIRDROBE
- 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.
Private or Public Profiles
Our profile settings are completely customisable!
- Do you want your profile to be private?
Go to ‘Settings’ and turn off the ‘Public Profile’ setting. This means that other users can search for and find your profile, and can see content that has been marked as public. They cannot follow your profile or newsfeed but can send friend requests. If you accept the friend request, the user can see additional content (see below about customising the newsfeed and content).
- Do you want your profile to be public?
Go to ‘Settings’ and turn on the ‘Public Profile’ setting. This means that people can search for and find your profile, and can see content that has been marked as public. Other users can follow your profile and send friend requests. If you accept the friend request, the user can see additional content (see below about customising the newsfeed and content).
- What can my friends/guests see on their newsfeed?
This depends on if you have a private or public profile.
If you have a private profile, your friends will receive updates on their newsfeed with all content that has been marked as ‘friends only’ or ‘public.’ Any friends who choose not to follow your profile will not receive updates on their newsfeed if the content has been marked as ‘public,’ however they will still see content marked as ‘friends only.’ Guests who are not your friends will not receive updates on their newsfeed.
If you have a public profile, your friends and guests who are following your account will receive updates on their newsfeed. Friends will receive updates on their newsfeed about all content that you mark as ‘friends only’ or ‘public.’ Guests who follow your account will receive updates on their newsfeed about all content that you mark as ‘public.’ If a guest is not following you, their newsfeed will not get updated with your content.
- How to unfollow the newsfeed?
If it is a private profile, a friend can only unfollow if the private profile is changed to public. If it is a public profile, then a friend has the option to unfollow.
- What images can my friends/guests see on my profile?
With each image that you publish on your profile, you will have the option to select between:
- Private – only you can see the image;
- Friends only – your friends can see the image;
- Public – Friends and guests can see the image on your profile.
In order to access the Application, Users are required to download the Application. There is currently no fee for the download of the Application.
In order to download and use the Application, you must have a mobile communication subscription with a participating wireless service provider or otherwise have access to a (mobile) communications network. Users will need to pay fees to wireless service providers for such access and/or use. Further, Users need to have a registered mobile application software store account allowing Users to download and use mobile software applications. For instructions, please check your wireless service provider’s website, your mobile phone manufacturer’s website and/or your internet service providers’ website.
When you register and activate your account, we will provide you with a username and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this username.
4. PURCHASING PRODUCTS
We are not involved in the actual transaction between sellers and buyers. In no event will Virdrobe be responsible for or provide any refunds for purchases of products or services on the Application. You acknowledge that you are not entitled to a refund for purchases of products or services.
The Purchasing Process
1. The buyer requests to purchase a product or service from another user (the seller);
2. The seller will then receive notification via the Application and an email. The seller then has the option to accept or reject the sale.
3. If the seller agrees to sell the product or service, the buyer and seller then communicate via a chat in relation to any additional information or photographs that are required. The buyer and seller then exchange payment details on the payment page and make arrangements for the purchase of the product or service.
4. The buyer will receive notification via the Application and an email, and will be required to confirm once the payment has been made on the payment page. The buyer may enter the payment confirmation on the payment page and send their receipt or reference number via the chat platform on the payment page.
5. The seller will receive notification via the Application and an email, and will arrange for delivery of the product or service. The seller may provide postage and delivery information, including a tracking number.
6. The buyer will provide notification of receipt of goods on the payment page and will be required to leave a rating of the experience, which can be viewed by other users.
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.
5. IN-APP PURCHASES AND REFUNDS
Virdrobe will offer In-App Purchases (IAP). IAPs will be available through the Apple App Store. The terms and conditions of your internet service provider and your respective mobile application software store will apply to the provision of the IAPs.
A User can buy products via IAP within the Application dashboard. The User will be prompted to input their Apple ID and Password prior to the payment being confirmed. The timing of the prompt is as per the account settings. The User is then prompted to confirm the transaction. The User can also use finger ID to confirm. Payments are made through the User’s Apple ID and accepted through the User’s selected preferred method.
In the event that you upgrade to a new phone, Users can restore any IAPs on any device as long as the User is logged into their account which they used to make the original IAP.
You agree to pay the fees for any IAPs processed by you, by any other person who is authorised (either explicitly or implicitly) by you to use your payment device, and by any other person who is not authorised by you to use your payment device – except if said person used your payment device without your culpability. The current fee for the IAPs depends on your country of residence. You may review this fee within your respective mobile application software store before downloading. Those fee(s) and currencies may change from time to time. Discounts and promotional codes may be provided and applied to the IAP.
In no event will you be entitled to any refunds of payments for our Services. Once a IAP purchase is confirmed, the User is required to deal directly with Apple for any refunds.
6. PROMOTIONS AND OFFERS
7. TERM AND TERMINATION OF THE CONTRACT
This User Agreement between Virdrobe and Users is concluded for an indefinite period. We do not guarantee that we will continue to supply the Application indefinitely.
If you fail, or Virdrobe suspects on reasonable grounds that you have failed, to comply with any of the provisions of this User Agreement, Virdrobe, at its sole discretion, without notice to you may permanently or temporarily block your access to all or part of the Service; and you will remain liable for all amounts due and in no event will you be entitled to any refunds of payments for the Services.
If any issues arise between users, we will try our best to resolve these issues within 30 days. If further investigation is required, we may hand over details to law enforcement and/or take legal action at our sole discretion and without notice to you.
Virdrobe reserves the right to modify, suspend, or discontinue the Services at any time without notice to you, and to the fullest extent permitted by law, Virdrobe will not be liable to you or any third party should it exercise such rights. Termination will not affect the Services already acquired.
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.
8. PRIVACY AND PERSONAL INFORMATION
9. WARRANTIES AND DISCLAIMERS
You may have rights under statute; the following disclaimer of warranties and liability limitations apply subject to any rights you may have under such laws. Virdrobe does not guarantee, represent or warrant that your use of its Service will be uninterrupted or error-free, and you agree that from time to time Virdrobe may remove the Service for unknown periods of time or cancel its Service at any time without notice to you, where reasonably necessary to protect its interests.
You expressly agree that your use of, or inability to use, the Application is at your sole risk. Virdrobe and all products and services delivered through the Application are provided ‘as is’ and ‘as available’ for your use, without warranties of any kind, either express or implied, including all implied warranties.
In no case shall Virdrobe, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Application or for any other claim related in any way to your use of the Virdrobe Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Application, even if advised of their possibility.Data Network
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. Virdrobe does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.External Websites
We may provide organic or advertiser’s links to content of external web sites that are not controlled or influenced by Virdrobe. We cannot be held responsible for any of the content or information contained on these external sites, and we do not necessarily endorse these sites or the views they present.
10. INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION AND COPYRIGHT
You agree that the Application, including but not limited to products, graphics, User interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Application, contain proprietary information and material that is owned by Virdrobe and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Application in compliance with this User Agreement. No portion of the Application may be reproduced in any form or by any means, except as expressly permitted in these terms. Except to the extent that applicable laws prevent Virdrobe restraining you from doing so, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Application in any manner, and you shall not exploit the Application in any unauthorised way whatsoever, including, but not limited to, by trespass or burdening network capacity.
All copyrights in and the Application (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) and related software are owned by Virdrobe and/or its licensors, who reserve all their rights in law and equity. The use of the software or any part of the Application, except for use as permitted in, under and in accordance with this User Agreement, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
Virdrobe, the Virdrobe logo, and other Virdrobe trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Virdrobe. Other trademarks, service marks, graphics and logos used in connection with the Application may be the trademarks of their respective owners. You are granted no right or licence with respect to any of the aforesaid trademarks and any use of such trademarks.
11. LIMITATION OF LIABILITY AND INDEMNIFICATIONLimitation of Liability
Notwithstanding any other provision of this User Agreement, Virdrobe and its licensors reserve the right to change, suspend, remove, or disable access to any services, content, or other materials comprising a part of the Application at any time without notice. In no event will Virdrobe be liable for making these changes. Virdrobe may also impose limits on the use of or access to certain features or portions of the Virdrobe Service, in any case and without notice or liability.
Virdrobe will not be liable to you in respect of any acts or omissions of its employees, agents or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise, provided that nothing in this User Agreement will limit or exclude Virdrobe liability to you for personal injury or death caused directly by Virdrobe negligence.
I n d e m n i f i c a t i o n
By accepting this User Agreement and using the Service, you agree that you shall defend, indemnify and hold Virdrobe, its affiliates, its licensors, and each of their officers, directors, other Users, employees, lawyers and agents harmless from and against any
and all claims, costs, damages, losses, liabilities and expenses (including reasonable legal fees and costs) arising out of or in connection with:
a) your violation or breach of any term of this User Agreement or any applicable law or regulation, whether or not referenced herein; and b) your use or misuse of the Service.
The information, recommendations and/or services provided to you is for general information purposes only and does not constitute advice. Virdrobe will use reasonable endeavors to keep the Application and its contents correct and up to date but does not guarantee that the contents of the Application are free of errors, defects, corruption, hacking, malware and viruses or that the Application is correct, up to date and accurate.
Virdrobe shall not be liable for any damages resulting from the use of (or inability to use) the Application (but to the exclusion of death or personal injury), including damages caused by malware, corruption, interference, hacking, viruses or any incorrectness or incompleteness of information or the Application, unless such damage is the result of any willful misconduct or gross negligence on the part of Virdrobe.
Virdrobe shall further not be liable for any loss or damage resulting from the use of (or the inability to use) electronic means of communication with the Application, including – but not limited to – loss or damage resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
12. GOVERNING LAW AND JURISDICITION
This Agreement is governed by and must be construed in accordance with the laws of Victoria and the Commonwealth of Australia.
You and Virdrobe submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia in respect of all matters arising out of or relating to this User Agreement, its performance or subject matter.
13. DISPUTE RESOLUTION AND APPLICABLE LAW
You and Virdrobe agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of this or previous versions of the User Agreement your use of or access to the services, or any products or services sold or purchased through the Service will be resolved in accordance with the provisions set forth in this legal disputes section.
You and Virdrobe agree that any and all disputes or claims that have arisen or may arise between you and Virdrobe relating in any way to this User Agreement or your use of the Application shall be resolved through informal mediation in accordance with the laws of Victoria before entering into formal court proceedings.
Any further dispute, claim or matter of difference arising out of or relating to the Service or User Agreement is subject to the exclusive jurisdiction of the Victorian courts.
14. GENERAL TERMSEntire Understanding
This User Agreement constitutes the entire agreement between you and Virdrobe and governs your use of the Application and Service, superseding any prior agreements between you and Virdrobe. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.Variation of Agreement
If an arbitrator or court decides that any part of this User Agreement is invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining parts shall remain in full force and effect.Notice
This User Agreement and any other agreements, notices or other communications regarding your account and/or use of the Application may be provided to you electronically. You agree to receive all communications from Virdrobe in electronic form. Communications will be posted on our Application and/or sent to your primary email address.
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.
16. CONTACT US
If you have any questions, concerns or complaints, please contact us: