Terms & Conditions

PLEASE READ THIS USER AGREEMENT CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

LAST UPDATED: FEBRUARY 2019

USER AGREEMENT



1. INTRODUCTION


THE ENTITY YOU ARE CONTRACTING WITH IS: I SHARE CLOSET PTY LTD (ACN 620 998 781). IN THIS USER AGREEMENT, THIS ENTITY IS REFERRED TO AS "ISHARECLOSET," "WE,", “US” OR "OUR." ISHARECLOSET (HEREAFTER REFERRED TO AS "ISHARECLOSET", "WE", "US", OR "OUR") PROVIDES AN ONLINE PLATFORM THAT CONNECTS OWNERS WHO HAVE FASHION ITEMS TO RENT / SELL WITH RENTERS/BUYERS SEEKING TO RENT SUCH FASHION ITEMS (COLLECTIVELY, THE “SERVICES”), WHICH SERVICES ARE ACCESSIBLE AT [WWW.ISHARECLOSET.COM.AU] AND ANY OTHER WEBSITES THROUGH WHICH ISHARECLOSET MAKES THE SERVICES AVAILABLE (COLLECTIVELY, THE “SITE”). BY USING THE SITE YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THESE USER AGREEMENT ("TERMS"), WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICES. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE AND SERVICES AND ALL COLLECTIVE CONTENT (DEFINED BELOW), AND CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND ISHARECLOSET. PLEASE ALSO READ CAREFULLY OUR PRIVACY POLICY AT [WWW.ISHARECLOSET.COM]. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO OBTAIN INFORMATION FROM OR OTHERWISE CONTINUE USING THE SITE OR SERVICES. FAILURE TO USE THE SITE IN ACCORDANCE WITH THESE TERMS MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES.YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL

MODIFICATION

ISHARECLOSET RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY THE SITE OR SERVICES OR TO MODIFY THESE TERMS, INCLUDING THE SERVICE FEES, AT ANY TIME AND WITHOUT PRIOR NOTICE. IF WE MODIFY THESE TERMS, WE WILL POST THE MODIFICATION ON THE SITE OR PROVIDE YOU WITH NOTICE OF THE MODIFICATION. WE WILL ALSO UPDATE THE “LAST UPDATED DATE” AT THE TOP OF THESE TERMS. BY CONTINUING TO ACCESS OR USE THE SITE OR SERVICES AFTER WE HAVE POSTED A MODIFICATION ON THE SITE OR HAVE PROVIDED YOU WITH NOTICE OF A MODIFICATION, YOU ARE INDICATING THAT YOU AGREE TO BE BOUND BY THE MODIFIED TERMS. IF THE MODIFIED TERMS ARE NOT ACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO CEASE USING THE SITE AND SERVICES.


2. ABOUT ISHARECLOSET


THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR FASHION ITEMS AND RENTERS /BUYERS (DEFINED BELOW) MAY LEARN ABOUT AND RENT/BUY DIRECTLY FROM THE OWNERS. YOU UNDERSTAND AND AGREE THAT ISHARECLOSET IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND RENTERS/ BUYERS, NOR IS ISHARECLOSET A FASHION BROKER, AGENT OR INSURER OR AUCTIONEER. ISHARECLOSET HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS/ BUYERS AND OTHER USERS OF THE SITE AND SERVICES OR ANY FASHION ITEMS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

WHILE WE MAY PROVIDE PRICING, SHIPPING, LISTING, SOURCING, AND OTHER GUIDANCE IN OUR SERVICES, SUCH GUIDANCE IS SOLELY INFORMATIVE CONTENT AND YOU MAY DECIDE TO FOLLOW IT OR NOT. ALSO, WHILE WE MAY HELP FACILITATE THE RESOLUTION OF DISPUTES THROUGH VARIOUS PROGRAMS, ISHARECLOSET HAS NO CONTROL OVER AND DOES NOT GUARANTEE: THE EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS ADVERTISED; THE TRUTH OR ACCURACY OF USERS' CONTENT OR LISTINGS; THE ABILITY OF OWNERS ITEMS; THE ABILITY OF RENTERS / BUYERS TO PAY FOR ITEMS; OR THAT AN OWNER OR RENTER / BUYER WILL ACTUALLY COMPLETE A TRANSACTION OR RETURN AN ITEM.

KEY TERMS

“ISHARECLOSET CONTENT” MEANS ALL CONTENT THAT ISHARECLOSET MAKES AVAILABLE THROUGH THE SITE, OR SERVICES, INCLUDING ANY CONTENT LICENSED FROM A THIRD PARTY, BUT EXCLUDING MEMBER CONTENT.

“RENTAL PERIOD” MEANS THE TIME PERIOD STARTING FROM THE START DATE OF A RENTAL AS REQUESTED BY THE RENTER TILL THE END DATE DETERMINED BY THE NO OF DAYS THAT THE RENTER DETERMINES THEY WOULD LIKE TO RENT THE FASHION ITEM AS SHOWN AND CONFIRMED BY THE RENTER ON THE SITE OR SERVICES.

“BUSINESS DAY” MEANS A DAY THAT IS A DAY THAT IS NOT A SATURDAY, A SUNDAY OR A PUBLIC HOLIDAY OR BANK HOLIDAY IN THE STATE OF NEW SOUTH WALES.

“COLLECTIVE CONTENT” MEANS MEMBER CONTENT AND ISHARECLOSET CONTENT.

“CONTENT” MEANS TEXT, GRAPHICS, IMAGES, MUSIC, SOFTWARE, AUDIO, VIDEO, INFORMATION OR OTHER MATERIALS.

“DELIVERY SERVICES” MEANS THE THIRD PARTY DELIVERY SERVICE CHOSEN BY THE OWNER TO FULFIL THEIR OBLIGATIONS ON A RENTAL OR SALE DONE THROUGH THE ISHARECLOSET SITE.

“RENTER” MEANS A MEMBER WHO REQUESTS FROM AN OWNER A RENTAL OF A FASHION ITEM VIA THE SITE OR SERVICES.

“BUYER” MEANS A MEMBER WHO REQUESTS FROM AN OWNER THE SALE OF A FASHION ITEM VIA THE SITE OR SERVICES.

“0WNER” MEANS A MEMBER WHO CREATES A LISTING VIA THE SITE.

“LISTING” MEANS A FASHION ITEM THAT IS LISTED BY AN OWNER AS AVAILABLE FOR RENTAL OR SALE VIA THE SITE OR SERVICES.

“MEMBER” MEANS A PERSON WHO COMPLETES ISHARECLOSET’S ACCOUNT REGISTRATION PROCESS, INCLUDING BUT NOT LIMITED TO OWNERS AND RENTERS, AS DESCRIBED UNDER “ACCOUNT REGISTRATION” BELOW.

“MEMBER CONTENT” MEANS ALL CONTENT THAT A MEMBER POSTS, UPLOADS, PUBLISHES, SUBMITS OR TRANSMITS TO BE MADE AVAILABLE THROUGH THE SITE OR SERVICES.

“TAX” OR “TAXES” MEAN ANY SALES TAXES, VALUE ADDED TAXES (VAT), GOODS AND SERVICES TAXES (GST), THAT OWNERS MAY BE REQUIRED BY LAW TO COLLECT AND REMIT TO GOVERNMENTAL AGENCIES, AND OTHER SIMILAR MUNICIPAL, STATE, FEDERAL AND NATIONAL INDIRECT OR OTHER WITHHOLDING AND PERSONAL OR CORPORATE INCOME TAXES.


3. USING ISHARECLOSET


THE SITE AND SERVICES CAN BE USED TO FACILITATE THE LISTING AND RENTING OF FASHION ITEMS (“ITEM”). SUCH ITEMS ARE INCLUDED IN LISTINGS ON THE SITE AND SERVICES BY OWNERS. YOU MAY VIEW LISTINGS AS AN UNREGISTERED VISITOR TO THE SITE AND SERVICES; HOWEVER, IF YOU WISH TO BOOK AN ITEM OR CREATE A LISTING, YOU MUST FIRST REGISTER TO CREATE A ISHARECLOSET ACCOUNT (DEFINED BELOW).

AS STATED ABOVE, ISHARECLOSET MAKES AVAILABLE AN ONLINE PLATFORM OR MARKETPLACE WITH RELATED TECHNOLOGY FOR OWNERS AND RENTERS TO MEET ONLINE AND ARRANGE FOR THE RENTAL OR PURCHASE OF ITEMS DIRECTLY WITH EACH OTHER. ISHARECLOSET IS NOT AN OWNER OR DEALER OF FASHION ITEMS, INCLUDING, BUT NOT LIMITED TO, DRESSES, SHOES, BAGS OR ACCESSORIES, NOR IS IT A PROVIDER OF FASHION ITEMS, INCLUDING, BUT NOT LIMITED TO, DRESSES, SHOES, BAGS OR ACCESSORIES AND ISHARECLOSET DOES NOT OWN, SELL, RESELL, PROVIDE, RENT, RE-RENT, MANAGE AND/OR CONTROL FASHION ITEMS, INCLUDING, BUT NOT LIMITED TO, DRESSES, SHOES, BAGS OR ACCESSORY ITEMS OR POSTAL, COURIER OR OTHER DELIVERY SERVICES ISHARECLOSET DOES NOT PROVIDE THESE DELIVERY SERVICES AND ACCEPTS NO LIABILITY FOR ANY DAMAGE CAUSED IN ANY WAY THROUGH OR BY THE DELIVERY SERVICE. IT IS A CONDITION OF EVERY TRANSACTION THAT IS ENTERED INTO ON THE SITE THAT THE DELIVERY SERVICES THAT WILL BE USED TO DELIVER THE ITEM TO THE RENTER AND RETURN THE ITEM TO THE OWNER ARE THROUGH A DELIVERY SERVICE THAT HAS PARCEL TRACKING AVAILABLE. IF A MEMBER DOES NOT WISH TO USE A DELIVERY SERVICE WITH PARCEL TRACKING, THE MEMBER IS BREACHING A TERM OF THIS AGREEMENT AND MUST NOT USE THE SITE OR SERVICES.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE OWNERS AND RENTERS CONNECTING AND RENTING / BUYING ITEMS DIRECTLY WITH EACH OTHER. ISHARECLOSET CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ITEMS. ISHARECLOSET IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ITEMS. ACCORDINGLY, ANY RENTALS/ SALE WILL BE MADE AT THE MEMBER’S OWN RISK.

ACCOUNT REGISTRATION

IN ORDER TO ACCESS CERTAIN FEATURES OF THE SITE AND RENT AN ITEM OR CREATE A LISTING, YOU MUST REGISTER TO CREATE AN ACCOUNT (“ISHARECLOSET ACCOUNT”) AND BECOME A MEMBER. YOU MAY REGISTER TO JOIN THE SERVICES DIRECTLY VIA THE SITE OR AS DESCRIBED IN THIS SECTION.

YOU CAN ALSO REGISTER TO JOIN BY LOGGING INTO YOUR ACCOUNT WITH CERTAIN THIRD-PARTY SOCIAL NETWORKING SITES (“SNS”) (INCLUDING, BUT NOT LIMITED TO, INSTAGRAM, FACEBOOK, TWITTER; EACH SUCH ACCOUNT, A “THIRD-PARTY ACCOUNT”), VIA OUR SITE, AS DESCRIBED BELOW. AS PART OF THE FUNCTIONALITY OF THE SITE AND SERVICES, YOU MAY LINK YOUR ISHARECLOSET ACCOUNT WITH THIRD-PARTY ACCOUNTS, BY EITHER: (I) PROVIDING YOUR THIRD- PARTY ACCOUNT LOGIN INFORMATION TO ISHARECLOSET THROUGH THE SITE OR SERVICES; OR (II) ALLOWING ISHARECLOSET TO ACCESS YOUR THIRD-PARTY ACCOUNT, AS PERMITTED UNDER THE APPLICABLE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF EACH THIRD-PARTY ACCOUNT. YOU REPRESENT THAT YOU ARE ENTITLED TO DISCLOSE YOUR THIRD-PARTY ACCOUNT LOGIN INFORMATION TO ISHARECLOSET AND/OR GRANT ISHARECLOSET ACCESS TO YOUR THIRD- PARTY ACCOUNT (INCLUDING, BUT NOT LIMITED TO, FOR USE FOR THE PURPOSES DESCRIBED HEREIN), WITHOUT BREACH BY YOU OF ANY OF THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE APPLICABLE THIRD-PARTY ACCOUNT AND WITHOUT OBLIGATING ISHARECLOSET TO PAY ANY FEES OR MAKING ISHARECLOSET SUBJECT TO ANY USAGE LIMITATIONS IMPOSED BY SUCH THIRD-PARTY SERVICE PROVIDERS. BY GRANTING ISHARECLOSET ACCESS TO ANY THIRD-PARTY ACCOUNTS, YOU UNDERSTAND THAT ISHARECLOSET WILL ACCESS, MAKE AVAILABLE AND STORE (IF APPLICABLE) ANY CONTENT THAT YOU HAVE PROVIDED TO AND STORED IN YOUR THIRD-PARTY ACCOUNT (“SNS CONTENT”) SO THAT IT IS AVAILABLE ON AND THROUGH THE SITE AND SERVICES VIA YOU’RE ISHARECLOSET ACCOUNT AND ISHARECLOSET ACCOUNT PROFILE PAGE. UNLESS OTHERWISE SPECIFIED IN THESE TERMS, ALL SNS CONTENT, IF ANY, WILL BE CONSIDERED TO BE MEMBER CONTENT FOR ALL PURPOSES OF THESE TERMS. DEPENDING ON THE THIRD-PARTY ACCOUNTS YOU CHOOSE AND SUBJECT TO THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS, PERSONALLY IDENTIFIABLE INFORMATION THAT YOU POST TO YOUR THIRD-PARTY ACCOUNTS MAY BE AVAILABLE ON AND THROUGH YOUR ISHARECLOSET ACCOUNT ON THE SITE AND SERVICES. PLEASE NOTE THAT IF A THIRD-PARTY ACCOUNT OR ASSOCIATED SERVICE BECOMES UNAVAILABLE OR ISHARECLOSET’S ACCESS TO SUCH THIRD-PARTY ACCOUNT IS TERMINATED BY THE THIRD-PARTY SERVICE PROVIDER, THEN SNS CONTENT WILL NO LONGER BE AVAILABLE ON AND THROUGH THE SITE AND SERVICES. YOU HAVE THE ABILITY TO DISABLE THE CONNECTION BETWEEN YOUR ISHARECLOSET ACCOUNT AND YOUR THIRD-PARTY ACCOUNTS, AT ANY TIME, BY ACCESSING THE “SETTINGS” SECTION OF THE SITE. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. ISHARECLOSET MAKES NO EFFORT TO REVIEW ANY SNS CONTENT FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO FOR ACCURACY, LEGALITY OR NON- INFRINGEMENT, AND ISHARECLOSET IS NOT RESPONSIBLE FOR ANY SNS CONTENT.

WE WILL CREATE YOUR ISHARECLOSET ACCOUNT AND YOUR ISHARECLOSET ACCOUNT PROFILE PAGE FOR YOUR USE OF THE SITE BASED UPON THE PERSONAL INFORMATION YOU PROVIDE TO US OR THAT WE OBTAIN VIA AN SNS AS DESCRIBED ABOVE. YOU MAY NOT HAVE MORE THAN ONE (1) ACTIVE ISHARECLOSET ACCOUNT. YOU AGREE TO PROVIDE ACCURATE, CURRENT AND COMPLETE INFORMATION DURING THE REGISTRATION PROCESS AND TO UPDATE SUCH INFORMATION TO KEEP IT ACCURATE, CURRENT AND COMPLETE. ISHARECLOSET RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR ISHARECLOSET ACCOUNT AND YOUR ACCESS TO THE SITE AND SERVICES IF YOU CREATE MORE THAN ONE (1) ISHARECLOSET ACCOUNT OR IF ANY INFORMATION PROVIDED DURING THE REGISTRATION PROCESS OR THEREAFTER PROVES TO BE INACCURATE, NOT CURRENT OR INCOMPLETE. YOU ARE RESPONSIBLE FOR SAFEGUARDING YOUR PASSWORD. YOU AGREE THAT YOU WILL NOT DISCLOSE YOUR PASSWORD TO ANY THIRD PARTY AND THAT YOU WILL TAKE SOLE RESPONSIBILITY FOR ANY ACTIVITIES OR ACTIONS UNDER YOUR ISHARECLOSET ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. YOU WILL IMMEDIATELY NOTIFY ISHARECLOSET OF ANY UNAUTHORIZED USE OF YOUR ISHARECLOSET ACCOUNT.

ITEM LISTINGS

AS A MEMBER, YOU MAY CREATE LISTINGS. TO CREATE A LISTING, YOU WILL BE ASKED A VARIETY OF QUESTIONS ABOUT THE ITEM TO BE LISTED, INCLUDING, BUT NOT LIMITED TO, YOUR LOCATION, DESIGNER, SIZE, OCCASION, COLOUR, BEST ESTIMATE OF PRICE PAID, RECOMMENDED RETAIL PRICE, ANY EXISTING DEFECTS, DESCRIPTION AND AVAILABILITY OF THE ITEM AND RENTAL PRICING AND RELATED RULES (FOR INSTANCE DRY CLEANING RESPONSIBILITY) AND FINANCIAL TERMS (INCLUDING BOND AMOUNTS AS APPLICABLE). LISTINGS WILL BE MADE PUBLICLY AVAILABLE VIA THE SITE AND SERVICES, SUBJECT TO OTHER APPLICABLE TERMS OF THIS USER AGREEMENT AND OUR POLICIES. OTHER MEMBERS WILL BE ABLE TO RENT OR BUY YOUR ITEMS VIA THE SITE AND SERVICES BASED UPON THE INFORMATION PROVIDED IN YOUR LISTING. YOU UNDERSTAND AND AGREE THAT ONCE A RENTER REQUESTS A RENTAL OF YOUR ITEM, OR REQUESTS TO BUY YOUR ITEM, YOU MAY NOT REQUEST THE RENTER/BUYER TO PAY A HIGHER PRICE THAN IN THE RENTAL REQUEST OR INDICATED SALE PRICE.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR ANY AND ALL LISTINGS YOU POST. ACCORDINGLY, YOU REPRESENT AND WARRANT THAT ANY LISTING YOU POST WILL COMPLY WITH THE FOLLOWING

YOU WILL NOT:

  • POST, LIST OR UPLOAD CONTENT OR ITEMS IN INAPPROPRIATE CATEGORIES OR AREAS ON OUR SITES;
  • BREACH OR CIRCUMVENT ANY LAWS INCLUDING TAX, THIRD-PARTY RIGHTS OR OUR SITES, POLICIES, OR DETERMINATIONS OF YOUR ACCOUNT STATUS;
  • USE OUR SERVICES IF YOU ARE NOT ABLE TO FORM LEGALLY BINDING CONTRACTS (FOR EXAMPLE, IF YOU ARE UNDER 18 YEARS OLD), OR ARE TEMPORARILY OR INDEFINITELY SUSPENDED FROM USING OUR SITES, SERVICES, APPLICATIONS OR TOOLS;;
  • FAIL TO DELIVER ITEMS SOLD BY YOU, UNLESS YOU HAVE A VALID REASON AS SET OUT IN AN ISHARECLOSET POLICY, FOR EXAMPLE, THE RENTER/BUYER FAILS TO COMPLY WITH THE POSTED TERMS IN YOUR LISTING OR YOU CANNOT CONTACT THE RENTER/BUYER;
  • USE A DELIVERY SERVICE WHICH DOES NOT PROVIDE AN ONLINE TRACKING SERVICE THAT WILL ENABLE BOTH YOU AND THE RENTER/ BUYER TO TRACK DELIVERY STATUS AT ANYTIME USING A VALID REFERENCE NUMBER
  • MANIPULATE THE PRICE OF ANY ITEM OR INTERFERE WITH ANY OTHER MEMBER'S LISTINGS;
  • POST FALSE, INACCURATE, MISLEADING, DECEPTIVE, DEFAMATORY, OR LIBELLOUS CONTENT;
  • TRANSFER YOUR ISHARECLOSET ACCOUNT AND USER ID TO ANOTHER PARTY WITHOUT OUR CONSENT;
  • DISTRIBUTE OR POST SPAM, UNSOLICITED OR BULK ELECTRONIC COMMUNICATIONS, CHAIN LETTERS, OR PYRAMID SCHEMES;
  • DISTRIBUTE VIRUSES OR ANY OTHER TECHNOLOGIES THAT MAY HARM ISHARECLOSET OR THE INTERESTS OR PROPERTY OF MEMBERS; USE ANY ROBOT, SPIDER, SCRAPER, DATA MINING TOOLS, DATA GATHERING AND EXTRACTION TOOLS, OR OTHER AUTOMATED MEANS TO ACCESS OUR SERVICES FOR ANY PURPOSE, EXCEPT WITH THE PRIOR EXPRESS PERMISSION OF ISHARECLOSET;
  • INTERFERE WITH THE WORKING OF OUR SERVICES, OR IMPOSE AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON OUR INFRASTRUCTURE;
  • EXPORT OR RE-EXPORT ANY ISHARECLOSET APPLICATION OR TOOL, EXCEPT IN COMPLIANCE WITH THE EXPORT CONTROL LAWS OF ANY RELEVANT JURISDICTIONS AND IN ACCORDANCE WITH POSTED RULES AND RESTRICTIONS;
  • INFRINGE THE COPYRIGHT, TRADEMARK, PATENT, PUBLICITY, MORAL, DATABASE, AND/OR OTHER INTELLECTUAL PROPERTY RIGHTS (COLLECTIVELY, "INTELLECTUAL PROPERTY RIGHTS") THAT BELONG TO OR ARE LICENSED TO ISHARECLOSET. SOME, BUT NOT ALL, ACTIONS THAT MAY CONSTITUTE INFRINGEMENT ARE REPRODUCING, PERFORMING, DISPLAYING, DISTRIBUTING, COPYING, REVERSE ENGINEERING, DECOMPILING, DISASSEMBLING, OR PREPARING DERIVATIVE WORKS FROM CONTENT THAT BELONGS TO ISHARECLOSET OR SOMEONE ELSE;
  • INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS THAT BELONG TO THIRD PARTIES AFFECTED BY YOUR USE OF THE SERVICES OR POST CONTENT THAT DOES NOT BELONG TO YOU;
  • COMMERCIALIZE ANY ISHARECLOSET APPLICATION OR ANY INFORMATION OR SOFTWARE ASSOCIATED WITH SUCH APPLICATION, EXCEPT WITH THE PRIOR EXPRESS PERMISSION OF ISHARECLOSET;
  • HARVEST OR OTHERWISE COLLECT INFORMATION ABOUT MEMBERS WITHOUT THEIR CONSENT; OR
  • CIRCUMVENT ANY TECHNICAL MEASURES WE USE TO PROVIDE THE SERVICES.

IF YOU ARE AN OWNER OR AS YOUR CONTRACTING AGENT. IF A RENTER REQUESTS A RENTAL OF YOUR ITEM AND RENTS YOUR ITEM, OR A BUYER REQUESTS TO BUY YOUR ITEM ANY AGREEMENT YOU ENTER INTO WITH SUCH RENTER/ BUYER IS BETWEEN YOU AND THE RENTER / BUYER, AND ISHARECLOSET IS NOT A PARTY THERETO. NOTWITHSTANDING THE FOREGOING, ISHARECLOSET SERVES AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF THE OWNER FOR THE PURPOSE OF ACCEPTING, ON BEHALF OF THE OWNER, PAYMENTS FROM RENTERS/BUYERS OF SUCH AMOUNTS STIPULATED BY THE OWNER.

IF YOU ARE AN OWNER, ISHARECLOSET MAKES CERTAIN TOOLS AVAILABLE TO YOU TO HELP YOU TO MAKE INFORMED DECISIONS ABOUT WHICH MEMBERS YOU CHOOSE TO CONFIRM FOR RENTING YOUR ITEMS. YOU ACKNOWLEDGE AND AGREE THAT, AS AN OWNER, YOU ARE RESPONSIBLE FOR YOUR OWN ACTS AND OMISSIONS. PLEASE SEE OWNER TIPS (AT WWW.ISHARECLOSET.COM) FOR FURTHER INFORMATION.

ISHARECLOSET RECOMMENDS THAT OWNERS OBTAIN APPROPRIATE INSURANCE FOR THEIR ITEMS. PLEASE REVIEW ANY INSURANCE POLICY THAT YOU MAY HAVE FOR YOUR ITEMS CAREFULLY, AND IN PARTICULAR PLEASE MAKE SURE THAT YOU ARE FAMILIAR WITH AND UNDERSTAND ANY EXCLUSIONS TO, AND ANY DEDUCTIBLES THAT MAY APPLY FOR, SUCH INSURANCE POLICY, INCLUDING, BUT NOT LIMITED TO, WHETHER OR NOT YOUR INSURANCE POLICY WILL COVER THE ACTIONS OR INACTIONS OF RENTERS WHILE RENTING YOUR ITEMS.

OWNERS MUST MEET ISHARECLOSET'S MINIMUM PERFORMANCE STANDARDS. FAILURE TO MEET THESE STANDARDS MAY RESULT IN ISHARECLOSET CHARGING YOU ADDITIONAL FEES, AND/OR LIMITING, RESTRICTING, SUSPENDING, OR DOWNGRADING YOUR OWNER ACCOUNT.

PLEASE NOTE THAT ISHARECLOSET ASSUMES NO RESPONSIBILITY FOR AN OWNER’S COMPLIANCE WITH ANY AGREEMENTS WITH OR DUTIES TO THIRD PARTIES, APPLICABLE LAWS, RULES AND REGULATIONS

IF WE BELIEVE YOU ARE ABUSING ISHARECLOSET AND/OR OUR SERVICES IN ANY WAY, WE MAY, IN OUR SOLE DISCRETION AND WITHOUT LIMITING OTHER REMEDIES, LIMIT, SUSPEND, OR TERMINATE YOUR MEMBER ACCOUNT(S) AND ACCESS TO OUR SERVICES, DELAY OR REMOVE HOSTED CONTENT, REMOVE ANY SPECIAL STATUS ASSOCIATED WITH YOUR ACCOUNT(S), REMOVE, NOT DISPLAY, AND/OR DEMOTE LISTINGS, REDUCE OR ELIMINATE ANY DISCOUNTS, AND TAKE TECHNICAL AND/OR LEGAL STEPS TO PREVENT YOU FROM USING OUR SERVICES.

IF WE BELIEVE YOU ARE VIOLATING THE POLICY ON OFFERS TO OUTSIDE OF ISHARECLOSET, YOU MAY BE SUBJECT TO A RANGE OF ACTIONS, INCLUDING LIMITS ON YOUR BUYING AND SELLING PRIVILEGES, RESTRICTIONS ON LISTINGS AND ACCOUNT FEATURES, SUSPENSION OF YOUR ACCOUNT, APPLICATION OF FEES, AND RECOVERY OF EXPENSES FOR POLICY MONITORING AND ENFORCEMENT. IF YOU ARE AN OWNER AND YOU OFFER OR REFERENCE YOUR CONTACT INFORMATION OR ASK A RENTER/BUYER FOR THEIR CONTACT INFORMATION IN THE CONTEXT OF TRADING OUTSIDE OF ISHARECLOSET, YOU MAY BE LIABLE TO PAY A FINAL VALUE FEE APPLICABLE TO THAT ITEM, EVEN IF THE ITEM DOES NOT SELL.

WE MAY CANCEL UNCONFIRMED ACCOUNTS OR ACCOUNTS THAT HAVE BEEN INACTIVE FOR A LONG TIME OR MODIFY OR DISCONTINUE OUR SERVICES. ADDITIONALLY, WE RESERVE THE RIGHT TO REFUSE OR TERMINATE ALL OR PART OF OUR SERVICES TO ANYONE FOR ANY REASON AT OUR DISCRETION.


4. POLICY ENFORCEMENT


WHEN A RENTER/BUYER OR OWNER ISSUE ARISES, WE MAY CONSIDER THE MEMBER'S PERFORMANCE HISTORY AND THE SPECIFIC CIRCUMSTANCES IN APPLYING OUR POLICIES. WE MAY CHOOSE TO BE MORE LENIENT WITH POLICY ENFORCEMENT IN AN EFFORT TO DO THE RIGHT THING FOR BOTH RENTER/BUYERS AND OWNERS.

ANY REFERENCES IN THE SITE OR SERVICES TO A MEMBER BEING “VERIFIED” OR “CONNECTED” (OR SIMILAR LANGUAGE) ONLY INDICATE THAT THE MEMBER HAS COMPLETED A RELEVANT VERIFICATION PROCESS, AND DOES NOT REPRESENT ANYTHING ELSE

DELIVERY SERVICES

ISHARECLOSET CHARGES THE RENTER A DELIVERY SERVICE CHARGE BASED ON THE WEIGHT PROVIDED BY THE OWNER FOR EACH PRODUCT. IF MORE THAN ONE PRODUCT IS ORDERED FROM THE OWNER THE WEIGHT IS AGGREGATED AND THE AGGREGATED WEIGHT IS USED TO DETERMINE THE DELIVERY CHARGES. ISHARECLOSET DETERMINES THE DELIVERY CHARGE BASED ON THE DELIVERY CHARGES TABLE OF AUSTRALIA POST FOR DOMESTIC REGISTERED POST ALL OVER AUSTRALIA. THE DELIVERY CHARGE TABLE IS PROVIDED AND UPDATED FROM TIME TO TIME ON THE SITE. ANY ADDITIONAL CHARGES INCURRED ARE NOT REIMBURSABLE AND ARE TO BE ABSORBED AS PART OF THE RENTAL EARNINGS BY THE OWNER.

ISHARECLOSET RECOMMENDS USING AUSTRALIA POST AS THE PREFERRED DELIVERY SERVICE PROVIDER. HOWEVER, OWNERS CAN USE A DELIVERY SERVICE OF THEIR CHOICE PROVIDED THE DELIVERY SERVICE PROVIDER HAS AN ONLINE TRACKABLE SERVICE THAT ENABLES BOTH OWNER AND RENTER BUYER TO BE ABLE TO TRACE AN ITEM FROM ORDER FULFILMENT BY THE OWNER TO DELIVERY TO RENTER/BUYER. ISHARECLOSET MAY FACILITATE THE DELIVERY PROCESS BY ENABLING REMINDERS AND RELAYING TRACKING INFORMATION AND TRACKING PROGRESS ON THE SITE. THIS IS FOR PROVISION OF INFORMATION ONLY. THIS MEANS THAT THE RISK OF LOSS AND TITLE FOR SUCH ITEMS PASSES BETWEEN THE OWNER AND THE RENTER. ISHARECLOSET IS NOT A PARTY TO SUCH SHIPMENT CONTRACT. ISHARECLOSET DISCLAIMS ANY LOSS OR LIABILITY WHATSOEVER ARISING FROM THE USER ANY SUCH DELIVERY SERVICES.

VIP LISTING SERVICES

ISHARECLOSET PROVIDES A SERVICE TO PHOTOGRAPH AND LIST YOUR ITEMS ON THE SITE. IF AN OWNER CHOOSES TO USE THE VIP LISTING SERVICES ISHARECLOSET WILL CHARGE THE OWNER A VIP LISTING FEE. CURRENTLY, THIS IS AN OPTIONAL SERVICE.

FEATURED GALLERY SERVICES

ISHARECLOSET ENABLES EACH LISTING TO BE ADDED WITH THE LATEST LISTING BEING SHOWN AT THE TOP OF THE FIRST PAGE. IF AN OWNER CHOOSES TO BOOST HIS LISTING BY BEING FEATURED IN THE GALLERY THEN AN OWNER CAN CHOOSE TO BE ADDED TO THE GALLERY FOR A SPECIFIE PERIOD AND ISHARECLOSET WILL CHARGE THE OWNER A FEATURED GALLERY FEE. CURRENTLY, THIS IS AN OPTIONAL SERVICE.


5. FEES


SERVICE FEES

IN CONSIDERATION FOR THE USE OF ISHARECLOSET’S ONLINE MARKETPLACE AND PLATFORM, ISHARECLOSET CHARGES THE SERVICE FEES. WHERE APPLICABLE, TAXES (SUCH AS VAT IN EUROPE OR GST IN AUSTRALIA) MAY ALSO BE CHARGED. ISHARECLOSET DEDUCTS THE SERVICE FEES FROM THE RENTAL OR SALE PROCEEDS BEFORE REMITTING THE BALANCE TO THE OWNER AS DESCRIBED IN THESE TERMS AS THE ‘PAYOUT AMOUNT’.

THE FEES WE CHARGE FOR USING OUR SERVICES ARE 25% OF THE RENTAL/ SALES VALUE. WE MAY CHANGE OUR OWNER FEES FROM TIME TO TIME BY POSTING THE CHANGES ON THE ISHARECLOSET SITE 14 DAYS IN ADVANCE, BUT WITH NO ADVANCE NOTICE REQUIRED FOR TEMPORARY PROMOTIONS OR ANY CHANGES THAT RESULT IN THE REDUCTION OF FEES.

IF YOU ARE AN OWNER, YOU ARE LIABLE FOR TRANSACTION FEES ARISING OUT OF ALL SALES MADE USING SOME OR ALL ISHARECLOSET SERVICES, EVEN IF SALES TERMS ARE FINALIZED OR PAYMENT IS MADE OUTSIDE OF ISHARECLOSET. IN PARTICULAR, IF YOU OFFER OR REFERENCE YOUR CONTACT INFORMATION OR ASK A RENTER/BUYER FOR THEIR CONTACT INFORMATION IN THE CONTEXT OF TRADING OUTSIDE OF ISHARECLOSET, YOU MAY BE LIABLE TO PAY A FINAL VALUE FEE APPLICABLE TO THAT ITEM, EVEN IF THE ITEM DOESN'T SELL, GIVEN YOUR USAGE OF ISHARECLOSET SERVICES FOR THE INTRODUCTION TO A RENTER/BUYER.

IF YOU ARE A RENTER / BUYER, YOU MUST HAVE A PAYMENT METHOD ON FILE WHEN RENTING / BUYING THROUGH ISHARECLOSET SERVICES, AND PAY ALL FEES AND APPLICABLE TAXES ASSOCIATED WITH OUR SERVICES BY THE PAYMENT DUE DATE. IF YOUR PAYMENT METHOD FAILS OR YOUR ACCOUNT IS PAST DUE, WE MAY COLLECT AMOUNTS OWED BY CHARGING OTHER PAYMENT METHODS ON FILE WITH US, RETAIN COLLECTION AGENCIES AND LEGAL COUNSEL. IN ADDITION, YOU WILL BE SUBJECT TO LATE FEES.

OWNER FEES DON'T PURCHASE EXCLUSIVE RIGHTS TO ITEM EXPOSURE ON ISHARECLOSET, WHETHER ON A WEB PAGE, MOBILE APP, OR OTHERWISE. WE MAY, IN OUR SOLE DISCRETION AND WITHOUT CONSENT FROM, OR PAYMENT, FEE REDUCTION, OR OTHER CREDIT TO, OWNERS, DISPLAY THIRD-PARTY ADVERTISEMENTS (INCLUDING LINKS AND REFERENCES THERETO) OR OTHER CONTENT IN ANY PART OF OUR SERVICES.

WE WILL REMIT THE PAYOUT AMOUNT TO OWNERS ON A FORTNIGHTLY BASIS, ON COMPLETION OF THE RENTAL AND RETURN OR DELIVERY AND CONFIRMATION BY SELLER . WHERE SUCH DAY FALLS ON A WEEKEND, THE PAYOUT AMOUNT WILL BE REMITTED ON THE NEXT BUSINESS DAY.


6. LISTING CONDITIONS


WHEN LISTING AN ITEM, YOU AGREE TO COMPLY WITH ISHARECLOSET'S LISTING POLICIES AND TRADING PRACTICES POLICY THAT:

  • YOU ARE RESPONSIBLE FOR THE ACCURACY AND CONTENT OF THE LISTING AND ITEM OFFERED;
  • ALL LISTINGS HAVE TO BE APPROVED BY ISHARECLOSET PRIOR TO BEING PUBLISHED
  • CONTENT THAT DOES NOT CONFORM TO ANY OF ISHARECLOSET'S POLICIES MAY BE MODIFIED, OBFUSCATED OR DELETED AT ISHARECLOSET'S DISCRETION;
  • WE MAY REVISE PRODUCT DATA ASSOCIATED WITH LISTINGS TO SUPPLEMENT, REMOVE, OR CORRECT INFORMATION;
  • WE STRIVE TO CREATE A MARKETPLACE WHERE RENTER/BUYERS FIND WHAT THEY ARE LOOKING FOR. THEREFORE, THE APPEARANCE OR PLACEMENT OF LISTINGS IN SEARCH AND BROWSE RESULTS WILL DEPEND ON A VARIETY OF FACTORS, INCLUDING, BUT NOT LIMITED TO:
    • RENTER/BUYER'S LOCATION, SEARCH QUERY, BROWSING SITE, AND HISTORY;
    • ITEM'S LOCATION, LISTING FORMAT, PRICE AND SHIPPING COST, TERMS OF SERVICE, END TIME, HISTORY, AND RELEVANCE TO THE USER QUERY;
    • OWNER'S HISTORY, INCLUDING LISTING PRACTICES, DETAILED OWNER RATINGS, ISHARECLOSET POLICY COMPLIANCE, FEEDBACK, AND DEFECT RATE; AND
    • NUMBER OF LISTINGS MATCHING THE RENTER/BUYER'S QUERY;
  • TO DRIVE A POSITIVE USER EXPERIENCE, A LISTING MAY NOT APPEAR IN SOME SEARCH AND BROWSE RESULTS REGARDLESS OF THE SORT ORDER CHOSEN BY THE RENTER/BUYER;
  • SOME ADVANCED LISTING UPGRADES WILL ONLY BE VISIBLE ON CERTAIN SERVICES;
  • ISHARECLOSET'S DUPLICATE LISTINGS POLICY MAY ALSO AFFECT WHETHER YOUR LISTING APPEARS IN SEARCH RESULTS;
  • METATAGS AND URL LINKS THAT ARE INCLUDED IN A LISTING MAY BE REMOVED OR ALTERED SO AS TO NOT AFFECT THIRD-PARTY SEARCH ENGINE RESULTS
  • WE MAY PROVIDE YOU WITH OPTIONAL RECOMMENDATIONS TO CONSIDER WHEN CREATING YOUR LISTINGS. SUCH RECOMMENDATIONS MAY BE BASED ON THE AGGREGATED SALES AND PERFORMANCE HISTORY OF SIMILAR SOLD AND CURRENT LISTINGS; RESULTS WILL VARY FOR INDIVIDUAL LISTINGS. TO DRIVE THE RECOMMENDATIONS EXPERIENCE, YOU AGREE THAT WE MAY DISPLAY THE SALES AND PERFORMANCE HISTORY OF YOUR INDIVIDUAL LISTINGS TO THOSE OF OTHER OWNERS.
  • WHEN A BOOKING IS MADE TO FULFIL THE ORDER ON TIME AND ACCURATELY
  • ALL ITEMS THAT ARE SENT TO A RENTER/BUYER TO BE CLEAN AND HYGENIC, WITH
  • CLOTHES TO BE FRESHLY LAUNDERED AND CLEAN, AND SHOES, BAGS AND ACCESSORIES TO BE CLEAN AND WIPED DOWN POST EACH RENTAL USE AND PRIOR TO FULFILLING THE NEXT ORDER.
  • TO PACK THE ITEM CAREFULLY TO ENSURE THAT IT ARRIVES IN GOOD ORDER
  • TO USE A DELIVERY SERVICE THAT ENABLES TRACKING OF THE ORDERED ITEM
  • INCLUDING A FULLY PAID RETURN ENVELOPE WITH TRACKING POSSIBLE (I.E. RETURN ENVELOPE FROM AUSTRALIA POST)
  • AGREE TO THE FACT THAT A RENTER HAS THE RIGHT TO RETURN THE ITEM WITHIN 24HOURS OF DELIVERY FOR A FULL REFUND OF THE RENTAL PRICE LESS ESTIMATED DELIVERY CHARGES BY ISHARECLOSET (PLEASE REFER DELIVERY SERVICE CHARGES TABLE)
  • PROVIDE PHOTOGRAPHS FOR THE LISTING THAT ARE CLEAR AND WELL PHOTOGRAPHED IN ACCORDANCE WITH GUIDELINES PROVIDED ON THE WEBSITE
  • BE AWARE THAT EACH TRANSACTION WOULD BE SUBJECT TO RATING AND REVIEW BY BOTH THE OWNER AND RENTER
  • OWNER TO INFORM ISHARECLOSET IMMEDIATELY IF THEY ARE UNABLE TO FULFIL AN ORDER AT LEAST TWO DAYS PRIOR TO THE DELIVERY START DATE.
  • ACCORDANCE WITH GUIDELINES PROVIDED ON THE WEBSITE
  • BE AWARE THAT EACH TRANSACTION WOULD BE SUBJECT TO RATING AND REVIEW BY BOTH THE OWNER AND RENTER
  • OWNER TO INFORM ISHARECLOSET IMMEDIATELY IF THEY ARE UNABLE TO FULFIL AN ORDER AT LEAST TWO DAYS PRIOR TO THE DELIVERY START DATE.

7. RENTING/BUYING CONDITIONS


WHEN RENTING AN ITEM, YOU AGREE TO THE RULES AND POLICIES FOR RENTER/BUYERS AND THAT:

  • YOU ARE RESPONSIBLE FOR READING THE FULL ITEM LISTING BEFORE MAKING A BID OR COMMITMENT TO RENT / BUY; AND
  • WHEN YOU RENT OR BUY USING THE SITE, ISHARECLOSET WILL COLLECT THE TOTAL AMOUNT FOR THE RENTAL/ SALE PLUS ANY DELIVERY CHARGES AND BOND AMOUNT IF APPLICABLE AT THE TIME OF BOOKING. THE AMOUNT COLLECTED WILL BE HELD IN TRUST BY ISHARECLOSET UNTIL THE ORDER HAS BEEN COMPLETED AT WHICH POINT IT WILL BE PAID OUT TO THE OWNER LESS ISHARECLOSET FEES. (EXCEPT TO THE EXTENT THAT A REFUND IS DUE TO THE RENTER IF RENTER REQUESTS TO RETURN THE ORDER WITHIN 24HOURS).
  • YOU ENTER INTO A LEGALLY BINDING CONTRACT TO RENT / BUY AN ITEM WHEN YOU COMMIT TO RENT/BUY AN ITEM AND PROCEED TO CHECKOUT AND MAKE A VALID PAYMENT FOR THE ITEM INCLUDING ANY DELIVERY CHARGES ETC. WE DO NOT TRANSFER LEGAL OWNERSHIP OF ITEMS FROM THE OWNER TO THE RENTER ON A RENTAL LEGAL OWNERSHIP TRANSFERS ONLY WHEN BUYING THE ITEM.

IF YOU OWE OR AGREE TO PAY ANY AMOUNT TO ISHARECLOSET (WHETHER AS A RESULT OF YOUR ISHARECLOSET OR ACTIONS AS A RENTER OR OTHERWISE), THEN ISHARECLOSET MAY (BUT IS NOT OBLIGED TO) WITHHOLD THE AMOUNT OWING TO ISHARECLOSET FROM ANY PAYOUT AMOUNTS DUE TO YOU AS AN OWNER, AND USE THE WITHHELD AMOUNT TO SET-OFF THE AMOUNT OWED BY YOU TO ISHARECLOSET. IF ISHARECLOSET DOES SO, THEN YOUR OBLIGATION TO PAY ISHARECLOSET WILL BE EXTINGUISHED TO THE EXTENT OF THE AMOUNT WITHHELD BY ISHARECLOSET, AND ISHARECLOSET WILL CEASE TO OWE TO YOU ANY OBLIGATIONS (INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION TO PAY YOU) WITH RESPECT TO THE AMOUNT WITHHELD.

APPOINTMENT OF ISHARECLOSET AS LIMITED PAYMENT COLLECTION AGENT FOR OWNER

EACH OWNER HEREBY APPOINTS ISHARECLOSET AS THE OWNER’S LIMITED PAYMENT COLLECTION AGENT SOLELY FOR THE PURPOSE OF ACCEPTING THE RENTAL FEES FROM RENTERS.

EACH OWNER AGREES THAT PAYMENT MADE BY A RENTER THROUGH ISHARECLOSET SHALL BE CONSIDERED THE SAME AS A PAYMENT MADE DIRECTLY TO THE OWNER, AND THE OWNER WILL MAKE THE ITEM AVAILABLE TO THE RENTER IN THE AGREED-UPON MANNER AS IF THE OWNER HAS RECEIVED THE RENTAL FEES. EACH OWNER AGREES THAT ISHARECLOSET MAY, IN ACCORDANCE WITH THE CANCELLATION POLICY SELECTED BY THE OWNER AND REFLECTED IN THE RELEVANT LISTING, (I) PERMIT THE RENTER TO CANCEL THE RENTAL AND (II) REFUND TO THE RENTER THAT PORTION OF THE RENTAL FEES SPECIFIED IN THE APPLICABLE CANCELLATION POLICY. EACH OWNER UNDERSTANDS THAT AS ISHARECLOSET ACCEPTS PAYMENTS FROM RENTERS AS THE OWNER’S LIMITED PAYMENT COLLECTION AGENT, ISHARECLOSET’S OBLIGATION TO PAY THE OWNER IS SUBJECT TO AND CONDITIONAL UPON ISHARECLOSET SUCCESSFULLY RECEIVING THE PAYMENTS FROM RENTERS. ISHARECLOSET DOES NOT GUARANTEE PAYMENTS TO OWNERS FOR AMOUNTS THAT HAVE NOT BEEN SUCCESSFULLY RECEIVED FROM RENTERS. IN ACCEPTING APPOINTMENT AS THE LIMITED AUTHORISED AGENT OF THE OWNER, ISHARECLOSET ASSUMES NO LIABILITY FOR ANY ACTS OR OMISSIONS OF THE OWNER.

PLEASE NOTE THAT ISHARECLOSET DOES NOT CURRENTLY CHARGE FEES FOR THE CREATION OF LISTINGS. HOWEVER, YOU AS AN OWNER ACKNOWLEDGE AND AGREE THAT ISHARECLOSET RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CHARGE YOU FOR AND COLLECT FEES FROM YOU FOR THE CREATION OF LISTINGS. PLEASE NOTE THAT ISHARECLOSET WILL PROVIDE NOTICE OF ANY LISTING FEE COLLECTION VIA THE SITE, APPLICATION AND SERVICES, PRIOR TO IMPLEMENTING SUCH A LISTING FEE FEATURE.

RENTAL AND FINANCIAL TERMS FOR RENTERS

THE OWNERS, NOT ISHARECLOSET, ARE SOLELY RESPONSIBLE FOR HONOURING ANY CONFIRMED RENTALS AND MAKING AVAILABLE ANY ITEMS RESERVED THROUGH THE SITE, APPLICATION AND SERVICES. IF YOU, AS A RENTER, CHOOSE TO ENTER INTO A TRANSACTION WITH AN OWNER FOR THE RENTAL OF AN ITEM, YOU AGREE AND UNDERSTAND THAT YOU WILL BE REQUIRED TO ENTER INTO AN AGREEMENT WITH THE OWNER AND YOU AGREE TO ACCEPT ANY TERMS, CONDITIONS, RULES AND RESTRICTIONS ASSOCIATED WITH SUCH ITEM IMPOSED BY THE OWNER. YOU ACKNOWLEDGE AND AGREE THAT YOU, AND NOT ISHARECLOSET, WILL BE RESPONSIBLE FOR PERFORMING THE OBLIGATIONS OF ANY SUCH AGREEMENTS, THAT ISHARECLOSET IS NOT A PARTY TO SUCH AGREEMENTS, AND THAT, WITH THE EXCEPTION OF ITS PAYMENT OBLIGATIONS HEREUNDER, ISHARECLOSET DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO ANY SUCH AGREEMENTS. YOU ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING THE FACT THAT ISHARECLOSET IS NOT A PARTY TO THE AGREEMENT BETWEEN YOU AND THE OWNER, ISHARECLOSET ACTS AS THE OWNER’S PAYMENT COLLECTION AGENT FOR THE LIMITED PURPOSE OF ACCEPTING PAYMENTS FROM YOU ON BEHALF OF THE OWNER. UPON YOUR PAYMENT OF THE TOTAL FEES TO ISHARECLOSET, YOUR PAYMENT OBLIGATION TO THE OWNER FOR THE ITEM FEES IS EXTINGUISHED, AND ISHARECLOSET IS RESPONSIBLE FOR REMITTING THE ITEM FEES (LESS ISHARECLOSET’S FEES AND RELEVANT COURIER FEE), IN THE MANNER DESCRIBED IN THESE TERMS. IN THE EVENT THAT ISHARECLOSET DOES NOT REMIT ANY SUCH AMOUNTS AS DESCRIBED IN THESE TERMS, SUCH OWNER WILL HAVE RECOURSE ONLY AGAINST ISHARECLOSET.

THE TOTAL FEES PAYABLE WILL BE DISPLAYED TO A RENTER AT THE TIME OF MAKING A BOOKING. YOU AS A RENTER AGREE TO PAY ISHARECLOSET FOR THE TOTAL FEES FOR ANY RENTAL REQUESTED IN CONNECTION WITH YOUR ISHARECLOSET ACCOUNT AND ISHARECLOSET WILL COLLECT THE TOTAL FEES IN ACCORDANCE WITH THESE TERMS AND THE PRICING TERMS SET FORTH IN THE APPLICABLE LISTING. PLEASE NOTE THAT ISHARECLOSET CANNOT CONTROL ANY FEES THAT MAY BE CHARGED TO A RENTER BY HIS OR HER BANK RELATED TO ISHARECLOSET’S COLLECTION OF THE TOTAL FEES, AND ISHARECLOSET DISCLAIMS ALL LIABILITY IN THIS REGARD.

ISHARECLOSET ALSO TAKES NO RESPONSIBILITY FOR THE TIME TAKEN BY FINANCIAL INSTITUTIONS TO PROCESS PAYMENTS, OR OTHERWISE. WE WILL ENDEAVOUR TO TRANSFER MONIES TO OUR MEMBERS PROMPTLY, BUT MEMBERS SHOULD NONETHELESS NOTE AND EXPECT DELAYS WITH RESPECT TO THEIR FUNDS DISPLAYING IN THEIR ACCOUNTS.

IN CONNECTION WITH YOUR REQUESTED RENTAL, YOU WILL BE ASKED TO PROVIDE CUSTOMARY BILLING INFORMATION SUCH AS NAME, BILLING ADDRESS AND CREDIT CARD INFORMATION EITHER TO ISHARECLOSET OR ITS THIRD-PARTY PAYMENT PROCESSOR. YOU AGREE TO PAY ISHARECLOSET FOR ANY RENTALS MADE IN CONNECTION WITH YOUR ISHARECLOSET ACCOUNT IN ACCORDANCE WITH THESE TERMS BY ONE OF THE METHODS DESCRIBED ON THE SITE OR APPLICATION, E.G. BY CREDIT CARD. YOU HEREBY AUTHORIZE THE COLLECTION OF SUCH AMOUNTS BY CHARGING THE CREDIT CARD PROVIDED AS PART OF REQUESTING THE RENTAL, EITHER DIRECTLY BY ISHARECLOSET OR INDIRECTLY, VIA A THIRD-PARTY ONLINE PAYMENT PROCESSOR OR BY ONE OF THE PAYMENT METHODS DESCRIBED ON THE SITE OR APPLICATION. YOU ALSO AUTHORIZE ISHARECLOSET TO CHARGE YOUR CREDIT CARD IN THE EVENT OF DAMAGE CAUSED TO AN ITEM AS CONTEMPLATED UNDER “DAMAGE TO ITEMS” BELOW OR NON-RETURN OF AN ITEM AND FOR SECURITY DEPOSITS, IF APPLICABLE. IF YOU ARE DIRECTED TO ISHARECLOSET’S THIRD-PARTY PAYMENT PROCESSOR, YOU MAY BE SUBJECT TO TERMS AND CONDITIONS GOVERNING USE OF THAT THIRD PARTY’S SERVICE AND THAT THIRD PARTY’S PERSONAL INFORMATION COLLECTION PRACTICES. PLEASE REVIEW SUCH TERMS AND CONDITIONS AND PRIVACY POLICY BEFORE USING THE SERVICES. ONCE YOUR CONFIRMED RENTAL TRANSACTION IS COMPLETE YOU WILL RECEIVE A CONFIRMATION EMAIL SUMMARIZING YOUR CONFIRMED RENTAL.

IN CONSIDERATION FOR THE USE OF ISHARECLOSET’S ONLINE MARKETPLACE AND PLATFORM, ISHARECLOSET CHARGES THE SERVICE FEES. WHERE APPLICABLE, TAXES (SUCH AS VAT IN EUROPE OR GST IN AUSTRALIA) MAY ALSO BE CHARGED IN RESPECT OF THE SERVICE FEES. ISHARECLOSET DEDUCTS THE OWNER FEES FROM THE RENTAL FEES BEFORE REMITTING THE BALANCE TO THE OWNER AS DESCRIBED IN THESE TERMS.

BALANCES WILL BE REMITTED BY ISHARECLOSET TO OWNERS VIA (IN ISHARECLOSET’S SOLE DISCRETION) PAYMENT METHODS DESCRIBED ON THE SITE OR VIA THE APPLICATION, DEPENDING UPON THE SELECTIONS THE OWNER MAKES VIA THE SITE, APPLICATION AND SERVICES. AMOUNTS MAY BE ROUNDED UP OR DOWN AS DESCRIBED THE “ROUNDING OFF” SECTION BELOW. EXCEPT AS OTHERWISE PROVIDED HEREIN, SERVICE FEES ARE NON-REFUNDABLE.

GENERAL RENTAL AND FINANCIAL TERMS

CANCELLATIONS AND REFUNDS

IF, AS A RENTER, YOU WISH TO CANCEL A CONFIRMED RENTAL MADE VIA THE SITE, EITHER PRIOR TO 30 DAYS OF THE START DATE OR WITHIN 24 HOURS AFTER RECEIVING THE ITEM, THE CANCELLATION POLICY WILL APPLY TO SUCH CANCELLATION. ISHARECLOSET WILL CANCEL ANY PRE-AUTHORISATION TO YOUR CREDIT CARD AND/OR REFUND ANY AMOUNTS (LESS DELIVERY CHARGES IF ITEM ALREADY RECEIVED) CHARGED TO YOUR CREDIT CARD IN CONNECTION WITH THE REQUESTED RENTAL WITHIN A COMMERCIALLY REASONABLE TIME

IF AN OWNER CANCELS A CONFIRMED RENTAL MADE VIA THE SITE, (I) ISHARECLOSET WILL REFUND THE TOTAL FEES FOR SUCH RENTAL TO THE APPLICABLE RENTER WITHIN A COMMERCIALLY REASONABLE TIME OF THE CANCELLATION AND (II) THE RENTER MAY RECEIVE A COMMUNICATION FROM ISHARECLOSET CONTAINING ALTERNATIVE LISTINGS AND OTHER RELATED INFORMATION. IF THE RENTER REQUESTS A RENTAL FROM ONE OF THE ALTERNATIVE LISTINGS AND THE OWNER ASSOCIATED WITH SUCH ALTERNATIVE LISTING CONFIRMS THE RENTER’S REQUESTED RENTAL, THEN THE RENTER AGREES TO PAY ISHARECLOSET THE TOTAL FEES RELATING TO THE CONFIRMED RENTAL FOR THE ITEM IN THE ALTERNATIVE LISTING, IN ACCORDANCE WITH THESE TERMS. IF AN OWNER CANCELLED A CONFIRMED RENTAL AND YOU, AS A RENTER, HAVE NOT RECEIVED A COMMUNICATION FROM ISHARECLOSET, PLEASE CONTACT ISHARECLOSET AT [WWW.ISHARECLOSET.COM.AU].

IF, AS AN OWNER, YOU CANCEL A CONFIRMED RENTAL, ISHARECLOSET MAY APPLY PENALTIES OR CONSEQUENCES TO YOU OR YOUR LISTING, INCLUDING (I) PUBLISHING AN AUTOMATED REVIEW ON YOUR LISTING INDICATING THAT A RESERVATION WAS CANCELLED, (II) KEEPING THE CALENDAR FOR YOUR LISTING UNAVAILABLE OR BLOCKED FOR THE DATES OF THE CANCELLED RENTAL, OR (III) IMPOSING A CANCELLATION FEE (TO BE WITHHELD FROM YOUR FUTURE PAYOUTS).

IN CERTAIN CIRCUMSTANCES, ISHARECLOSET MAY DECIDE, IN ITS SOLE DISCRETION, THAT IT IS NECESSARY OR DESIRABLE TO CANCEL A CONFIRMED RENTAL MADE VIA THE SITE AND SERVICES. THIS MAY BE FOR REASONS SET FORTH IN ISHARECLOSET’S EXTENUATING CIRCUMSTANCES POLICY AT [WWW.ISHARECLOSET.COM.AU] OR FOR ANY OTHER REASON. ISHARECLOSET MAY ALSO DETERMINE, IN ITS SOLE DISCRETION, TO REFUND TO THE RENTER PART OR ALL OF THE AMOUNTS CHARGED TO THE RENTER IN ACCORDANCE WITH THE RENTER REFUND POLICY AT [WWW.ISHARECLOSET.COM.AU ]. YOU AGREE THAT ISHARECLOSET AND THE RELEVANT RENTER OR OWNER WILL NOT HAVE ANY LIABILITY FOR SUCH CANCELLATIONS OR REFUNDS.

RENTER REFUNDS

ITEMS ON ISHARECLOSET PLATFORM SHOULD BE CONSISTENT WITH THE DESCRIPTION PROVIDED BY THE OWNER. IF A RENTER WHO BOOKS AND PAYS FOR AN ITEM AND THEN EXPERIENCES A ‘RENTING ISSUE’, THE RENTER MAY BE ELIGIBLE FOR A REFUND.

ISHARECLOSET MAY (AT OUR DISCRETION) PROVIDE THE RENTER WITH EITHER A FULL OR PARTIAL REFUND EXCLUDING ANY SHIPPING COSTS, ADMINISTRATION FEES AND PROCESSING FEES.

A VALID 'RENTING ISSUE' GENERALLY FALLS INTO THREE CATEGORIES:

THE OWNER CANCELS A RESERVATION 24 HOURS OR LESS BEFORE THE SCHEDULED ARRIVAL OF THE ITEM, OR FAILS TO PROVIDE THE RENTER WITH THE ITEM.

THE DESCRIPTION OF THE ITEM IN THE LISTING ON ISHARECLOSET IS MATERIALLY DIFFERENT FROM THE ACTUAL ITEM. ISHARECLOSET REMINDS RENTERS THAT ITEMS ARE POTENTIALLY PRE- WORN AND ARE NOT RENTED ON AN AS-NEW BASIS. SOME MINOR WEAR AND TEAR MAY NOT BE LISTED IN THE DESCRIPTION BUT CAN NOT BE USED AS A BASIS TO PROVIDE A REFUND UNDER THIS POLICY.

AT THE START OF THE RENTER’S RESERVATION, THE ITEM: (I) IS NOT GENERALLY CLEAN AND SANITARY (II) CONTAINS SAFETY OR HEALTH HAZARDS THAT WOULD BE REASONABLY EXPECTED TO ADVERSELY AFFECT THE RENTER’S USE OF THE ITEM IN ISHARECLOSET’S JUDGMENT.

TO SUBMIT A VALID CLAIM FOR A REFUND, A RENTER IS REQUIRED: (A) TO BRING THE RENTING ISSUE TO OUR ATTENTION WITHIN 24 HOURS AFTER RECEIPT OF THE ITEM (INCLUDING PHOTOGRAPHS OR OTHER EVIDENCE) AND RESPOND TO OUR REQUESTS FOR INFORMATION OR COOPERATION; (B) NOT HAVE DIRECTLY OR INDIRECTLY CAUSED THE RENTING ISSUE; AND (C) TO HAVE USED REASONABLE EFFORTS TO TRY TO REMEDY THE CIRCUMSTANCES OF THE RENTING ISSUE WITH THE OWNER PRIOR TO MAKING A CLAIM FOR A RENTING ISSUE.

ROUNDING OFF

ISHARECLOSET MAY, IN ITS SOLE DISCRETION, ROUND UP OR ROUND DOWN AMOUNTS THAT ARE PAYABLE FROM OR TO RENTERS OR OWNERS TO THE NEAREST WHOLE FUNCTIONAL BASE UNIT IN WHICH THE CURRENCY IS DENOMINATED (E.G. TO THE NEAREST DOLLAR, EURO OR OTHER SUPPORTED CURRENCY); FOR EXAMPLE, ISHARECLOSET WILL ROUND UP AN AMOUNT OF $101.50 TO $102.00, AND $101.49 TO $101.00.

SOME CURRENCIES ARE DENOMINATED IN LARGE NUMBERS. IN THOSE CASES, ISHARECLOSET MAY DETERMINE THE FUNCTIONAL BASE UNIT IN WHICH THOSE CURRENCIES ARE DENOMINATED TO BE 10, 100 OR 1,000 OF THE CURRENCY; THE CORRESPONDING EXAMPLES FOR SUCH CURRENCIES WOULD BE FOR ISHARECLOSET TO ROUND UP AN AMOUNT OF 1,045 UP TO 1,050 AND 1,044 DOWN TO 1,040, OR 35,450 UP TO 35,500 AND 35,449 DOWN TO 35,400, OR 837,500 UP TO 838,000 AND 837,499 DOWN TO 837,000.

PAYMENT PROCESSING ERRORS

WE WILL TAKE STEPS TO RECTIFY ANY PAYMENT PROCESSING ERRORS THAT WE BECOME AWARE OF. THESE STEPS MAY INCLUDE CREDITING OR DEBITING (AS APPROPRIATE) THE SAME PAYMENT METHOD USED FOR THE ORIGINAL PAYOUT TO OR PAYMENT BY YOU, SO THAT YOU END UP RECEIVING OR PAYING THE CORRECT AMOUNT.


8. CONTENT


WHEN PROVIDING CONTENT USING THE SERVICES (DIRECTLY OR INDIRECTLY), YOU GRANT US A NON- EXCLUSIVE, WORLDWIDE, PERPETUAL, IRREVOCABLE, ROYALTY-FREE, SUBLICENSABLE (THROUGH MULTIPLE TIERS) RIGHT TO EXERCISE ANY AND ALL INTELLECTUAL PROPERTY RIGHTS (AS DEFINED ABOVE) YOU HAVE IN THAT CONTENT IN CONNECTION WITH OUR PROVISION, EXPANSION, AND PROMOTION OF THE SERVICES, IN ANY MEDIA KNOWN NOW OR DEVELOPED IN THE FUTURE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO ENFORCE AGAINST ISHARECLOSET, OUR ASSIGNEES, OUR SUBLICENSEES, AND THEIR ASSIGNEES YOUR INTELLECTUAL PROPERTY RIGHTS IN THAT CONTENT IN CONNECTION WITH OUR, THOSE ASSIGNEES', AND THOSE SUBLICENSEES' USE OF THAT CONTENT IN CONNECTION WITH OUR PROVISION, EXPANSION, AND PROMOTION OF THE SERVICES.

YOU REPRESENT AND WARRANT THAT, FOR ALL SUCH CONTENT YOU PROVIDE, YOU OWN OR OTHERWISE CONTROL ALL NECESSARY RIGHTS TO DO SO AND TO MEET YOUR OBLIGATIONS UNDER THIS USER AGREEMENT. YOU REPRESENT AND WARRANT THAT SUCH CONTENT IS ACCURATE. YOU REPRESENT AND WARRANT THAT USE OF ANY SUCH CONTENT (INCLUDING DERIVATIVE WORKS) BY US, OUR USERS, OR OTHERS IN CONTRACT WITH US, AND IN COMPLIANCE WITH THIS USER AGREEMENT, DOES NOT AND WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. ISHARECLOSET TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT PROVIDED BY YOU OR ANY THIRD PARTY.

WE OFFER PRODUCT DATA (INCLUDING IMAGES, DESCRIPTIONS AND SPECIFICATIONS) THAT ARE PROVIDED BY THIRD PARTIES (INCLUDING ISHARECLOSET MEMBERS). YOU MAY USE THAT CONTENT SOLELY IN YOUR ISHARECLOSET LISTINGS. ISHARECLOSET MAY MODIFY OR REVOKE THAT PERMISSION AT ANY TIME IN OUR SOLE DISCRETION. THE PRODUCT DATA INCLUDES COPYRIGHTED, TRADEMARKED AND OTHER PROPRIETARY MATERIALS. YOU AGREE NOT TO REMOVE ANY COPYRIGHT, PROPRIETARY, OR IDENTIFICATION MARKINGS IN THE PRODUCT DATA AND NOT TO CREATE ANY DERIVATIVE WORKS BASED ON THAT DATA (OTHER THAN BY INCLUDING THE DATA IN YOUR LISTINGS).

WE TRY TO OFFER RELIABLE PRODUCT DATA, BUT CANNOT PROMISE THAT THE CONTENT PROVIDED THROUGH THE SERVICES WILL ALWAYS BE AVAILABLE, ACCURATE, COMPLETE, AND UP-TO-DATE. YOU AGREE THAT ISHARECLOSET IS NOT RESPONSIBLE FOR EXAMINING OR WARRANTING THE LISTINGS OR CONTENT PROVIDED BY THIRD PARTIES THROUGH THE SERVICES, AND THAT YOU WILL NOT ATTEMPT TO HOLD US OR OUR DATA PROVIDERS LIABLE FOR INACCURACIES. AS A OWNER, YOU AGREE TO ENSURE THAT CONTENT DIRECTLY ASSOCIATED WITH YOUR LISTINGS IS ACCURATE.

COPYRIGHT / TRADEMARKS / LOGOS

THE NAME "ISHARECLOSET" AND OTHER ISHARECLOSET MARKS, LOGOS, DESIGNS, AND PHRASES THAT WE USE IN CONNECTION WITH OUR SERVICES ARE TRADEMARKS, SERVICE MARKS, OR TRADE DRESS OF ISHARECLOSET IN AUSTRALIA AND OTHER COUNTRIES. THEY MAY NOT BE USED WITHOUT THE EXPRESS WRITTEN PRIOR PERMISSION OF ISHARECLOSET.


9. HOLDS


TO PROTECT ISHARECLOSET FROM RISK OF LIABILITY FOR YOUR ACTIONS AS AN OWNER, ISHARECLOSET HAS AT TIMES RECOMMENDED, AND MAY CONTINUE TO RECOMMEND, THAT THE PAYMENT GATEWAY PROVIDER RESTRICT ACCESS TO FUNDS IN AN OWNER'S ACCOUNT BASED ON CERTAIN FACTORS, INCLUDING, BUT NOT LIMITED TO, SELLING HISTORY, OWNER PERFORMANCE, RETURNS, RISKINESS OF THE LISTING CATEGORY OR TRANSACTION VALUE. THIS MAY RESULT IN THE PAYMENT GATEWAY PROVIDER RESTRICTING FUNDS IN YOUR ACCOUNT.


10. PRIVACY


ISHARECLOSET WILL COLLECT PERSONAL INFORMATION FROM YOU IN THE COURSE OF PROVIDING ITS SERVICES AND/OR YOUR USE OF ITS WEBSITE. ISHARECLOSET MAY ALSO OBTAIN PERSONAL INFORMATION FROM THIRD PARTY SEARCHES, OTHER INVESTIGATIONS AND, SOMETIMES, FROM ADVERSE PARTIES.

ISHARECLOSET FOLLOWS THE PRINCIPLES OF THE PRIVACY ACT 1988 (CTH), AND IT IS COMMITTED TO SAFEGUARDING ANY PERSONAL INFORMATION IT MAY HOLD AT ANY TIME IN RESPECT OF ANY INDIVIDUAL. PERSONAL INFORMATION WILL ONLY BE USED FOR THE PURPOSE FOR WHICH IT IS COLLECTED. FOR EXAMPLE, ISHARECLOSET MAY USE YOUR PERSONAL INFORMATION TO PROVIDE RECOMMENDATIONS THAT TAKE INTO ACCOUNT YOUR PERSONAL SHOPPING HABITS.

ISHARECLOSET WILL ONLY COLLECT PERSONAL INFORMATION BY LEGITIMATE MEANS, WHICH MAY INCLUDE DIRECTLY OVER THE PHONE, FACE-TO-FACE, FROM FORMS OR ELECTRONICALLY OVER THE INTERNET.

ISHARECLOSET WILL ONLY COLLECT INFORMATION THAT IS NECESSARY FOR FUNCTIONS OR ACTIVITIES PERFORMED BY THE ORGANISATION. PERSONAL INFORMATION IS NOT TO BE COLLECTED BECAUSE WE THINK THAT INFORMATION MAY COME IN HANDY AT A LATER DATE.

ANY PERSONAL INFORMATION THAT ISHARECLOSET COLLECTS IS KEPT STRICTLY CONFIDENTIAL AND IT CAN ONLY BE ACCESSED BY AUTHORISED STAFF WITHIN THE ORGANISATION. ISHARECLOSET WILL NOT DISCLOSE ANY PERSONAL INFORMATION TO ANY THIRD PARTY, EXCEPT AS AUTHORISED BY THE INDIVIDUAL OR AS OTHERWISE COMPELLED AT LAW.

ISHARECLOSET WILL TAKE ALL REASONABLE STEPS TO ENSURE THAT CLIENT INFORMATION IS ACCURATE, COMPLETE AND UP-TO-DATE.

SHOULD YOU WISH TO ACCESS OR CORRECT ANY PERSONAL INFORMATION WHICH ISHARECLOSET HOLDS WITH RESPECT TO YOU EXCEPT YOUR PRIMARY ID WHICH IS YOUR EMAIL, YOU CAN DO SO ON THE SITE BY EDITING YOUR PROFILE INFORMATION. IF YOU NEED ANY FURTHER CLARIFICATIONS PLEASE CONTACT ISHARECLOSET IN WRITING BY SENDING A MESSAGE TO ADMIN@ISHARECLOSET.COM.


11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


WE TRY TO KEEP OUR SERVICES SAFE, SECURE, AND FUNCTIONING PROPERLY, BUT WE CANNOT GUARANTEE THE CONTINUOUS OPERATION OF OR ACCESS TO OUR SERVICES. BID UPDATE AND OTHER NOTIFICATION FUNCTIONALITY IN ISHARECLOSET'S APPLICATIONS MAY NOT OCCUR IN REAL TIME. SUCH FUNCTIONALITY IS SUBJECT TO DELAYS BEYOND ISHARECLOSET'S CONTROL.

YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM:

  • THE CONTENT YOU PROVIDE (DIRECTLY OR INDIRECTLY) USING THE SERVICES;
  • YOUR USE OF OR YOUR INABILITY TO USE OUR SERVICES;
  • PRICING, SHIPPING, FORMAT, OR OTHER GUIDANCE PROVIDED BY ISHARECLOSET;
  • DELAYS OR DISRUPTIONS IN OUR SERVICES;
  • VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR LINKING TO OUR SERVICES;
  • GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR SERVICES;
  • DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF ANY ISHARECLOSET SERVICE;
  • THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ITEMS LISTED USING OUR SERVICES OR THE DESTRUCTION OF ALLEGEDLY FAKE ITEMS;
  • A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT OR BREACH;
  • THE DURATION OR MANNER IN WHICH YOUR LISTINGS APPEAR IN SEARCH RESULTS; OR
  • YOUR NEED TO MODIFY PRACTICES, CONTENT, OR BEHAVIOUR, OR YOUR LOSS OF OR INABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THIS USER AGREEMENT OR OUR POLICIES.

REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO $100 AUD.


12. RELEASE


IF YOU HAVE A DISPUTE WITH ONE OR MORE MEMBERS, YOU RELEASE US (AND OUR AFFILIATES AND SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOUR AT THE TIME OF AGREEING TO THIS RELEASE.


13. INDEMNITY


YOU WILL INDEMNIFY AND HOLD US (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS USER AGREEMENT, YOUR IMPROPER USE OF ISHARECLOSET'S SERVICES OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.


14. LEGAL DISPUTES


YOU AND ISHARECLOSET AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN, OR MAY ARISE, BETWEEN YOU AND ISHARECLOSET (INCLUDING ANY CLAIM OR DISPUTE BETWEEN YOU AND A THIRD-PARTY AGENT OF ISHARECLOSET) THAT RELATES IN ANY WAY TO OR ARISES OUT OF THIS OR PREVIOUS VERSIONS OF THIS USER AGREEMENT, YOUR USE OF OR ACCESS TO THE SERVICES, THE ACTIONS OF ISHARECLOSET OR ITS AGENTS, OR ANY PRODUCTS OR SERVICES SOLD OR PURCHASED THROUGH THE SERVICES, WILL BE RESOLVED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS LEGAL DISPUTES SECTION.

A. APPLICABLE LAW YOU AGREE THAT THE LAWS OF THE STATE OF NEW SOUTH WALES WILL GOVERN THIS USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND ISHARECLOSET, EXCEPT AS OTHERWISE STATED IN THIS USER AGREEMENT.

B. AGREEMENT TO ARBITRATE YOU AND ISHARECLOSET EACH AGREE THAT ANY AND ALL DISPUTES OR CLAIMS THAT HAVE ARISEN, OR MAY ARISE, BETWEEN YOU AND ISHARECLOSET (INCLUDING ANY DISPUTES OR CLAIMS BETWEEN YOU AND A THIRD-PARTY AGENT OF ISHARECLOSET) THAT RELATE IN ANY WAY TO OR ARISE OUT OF THIS OR PREVIOUS VERSIONS OF THE USER AGREEMENT, YOUR USE OF OR ACCESS TO THE SERVICES, THE ACTIONS OF ISHARECLOSET OR ITS AGENTS, OR ANY PRODUCTS OR SERVICES SOLD, OFFERED, OR PURCHASED THROUGH THE SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.

EITHER PARTY TO THIS AGREEMENT MAY REFER A MATTER FOR ARBITRATION TO THE AUSTRALIAN COMMERCIAL DISPUTES CENTRE (“ACDC’). THE ARBITRATION SHALL BE THE FINAL VERDICT AND HAVE BINDING FORCE ON BOTH PARTIES. THE ARBITRATOR SHOULD APPLY THE TERMS OF THE USER AGREEMENT AS A COURT WOULD. ALL ISSUES ARE FOR THE ARBITRATOR TO DECIDE, EXCEPT THAT ISSUES RELATING TO ARBITRABILITY, OR THE SCOPE OR ENFORCEABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE FOR A COURT OF COMPETENT JURISDICTION TO DECIDE.

COSTS OF ARBITRATION

PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE ACDC'S RULES, UNLESS OTHERWISE STATED IN THIS AGREEMENT TO ARBITRATE.

FUTURE AMENDMENTS TO THE AGREEMENT TO ARBITRATE

NOTWITHSTANDING ANY PROVISION IN THE USER AGREEMENT TO THE CONTRARY, YOU AND ISHARECLOSET AGREE THAT IF WE MAKE ANY AMENDMENT TO THIS AGREEMENT TO ARBITRATE (OTHER THAN AN AMENDMENT TO ANY NOTICE ADDRESS) IN THE FUTURE, THAT AMENDMENT SHALL NOT APPLY TO ANY CLAIM THAT WAS FILED IN A LEGAL PROCEEDING AGAINST ISHARECLOSET PRIOR TO THE EFFECTIVE DATE OF THE AMENDMENT. THE AMENDMENT SHALL APPLY TO ALL OTHER DISPUTES OR CLAIMS GOVERNED BY THE AGREEMENT TO ARBITRATE THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND ISHARECLOSET. WE WILL NOTIFY YOU OF AMENDMENTS TO THIS AGREEMENT TO ARBITRATE BY POSTING THE AMENDED TERMS ON WWW.ISHARECLOSET.COM AT LEAST 30 DAYS BEFORE THE EFFECTIVE DATE OF THE AMENDMENTS AND BY PROVIDING NOTICE BY EMAIL. IF YOU DO NOT AGREE TO THESE AMENDED TERMS, YOU MAY CLOSE YOUR ACCOUNT WITHIN THE 30-DAY PERIOD AND YOU WILL NOT BE BOUND BY THE AMENDED TERMS.


15. GENERAL


EXCEPT AS OTHERWISE PROVIDED IN THIS USER AGREEMENT, IF ANY PROVISION OF THIS USER AGREEMENT IS HELD TO BE INVALID, VOID OR FOR ANY REASON UNENFORCEABLE, SUCH PROVISION SHALL BE STRUCK OUT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS. IN OUR SOLE DISCRETION, WE MAY ASSIGN THIS USER AGREEMENT, AND IN SUCH EVENT, WE WILL POST NOTICE ON WWW.ISHARECLOSET.COM.

HEADINGS ARE FOR REFERENCE PURPOSES ONLY AND DO NOT LIMIT THE SCOPE OR EXTENT OF SUCH SECTION. OUR FAILURE TO ACT WITH RESPECT TO A BREACH BY YOU OR OTHERS DOES NOT WAIVE OUR RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES. WE DO NOT GUARANTEE WE WILL TAKE ACTION AGAINST ALL BREACHES OF THIS USER AGREEMENT.

IF YOU CREATE OR USE AN ACCOUNT ON BEHALF OF A BUSINESS ENTITY, YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF SUCH BUSINESS AND BIND THE BUSINESS TO THIS USER AGREEMENT. SUCH ACCOUNT IS OWNED AND CONTROLLED BY THE BUSINESS ENTITY. NO AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISER-FRANCHISEE RELATIONSHIP IS INTENDED OR CREATED BY THIS USER AGREEMENT.

THE USER AGREEMENT AND ALL TERMS AND POLICES POSTED THROUGH OUR SERVICES SET FORTH THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN YOU AND ISHARECLOSET, AND SUPERSEDE ALL PRIOR UNDERSTANDINGS AND AGREEMENTS OF THE PARTIES.

THE FOLLOWING SECTIONS SURVIVE ANY TERMINATION OF THIS USER AGREEMENT: FEES, CONTENT, DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; RELEASE, INDEMNITY, LEGAL DISPUTES, AND GENERAL.