ThreadEx

Terms and Conditions

The following describes the Terms of use for ThreadEx Pty Limited (ThreadEx) services.

Introduction

Registration

If you register as a Member, you represent and warrant to ThreadEx that:

Usage of ThreadEx.com.au

While using the ThreadEx Site, you agree that you will not:

Failure to abide by the Terms of Use or abusing the ThreadEx site may result in permanent account cancellation.

Without limiting any other remedies, we may limit, suspend or terminate any member's access to or ability to use the ThreadEx Site and its content if we;

We also reserve the right to

ThreadEx members who receive goods from another ThreadEx member ("receiving members") who ThreadEx determines, in its sole discretion, are not acting in good faith, are abusing the program or a sender, are attempting to commit or are committing fraud, or are trying to unjustly benefit from the swap by downgrading the ratings of other ThreadEx members, may become ineligible for future use of the ThreadEx Site.

Receiving members who have agreed to list and send a ThreadEx bundle of goods per the terms of the ThreadEx swap, and who have failed to do so 15 days after receipt of the bundle of items sent to them, may be charged a bundle replacement fee not to exceed $100.

By agreeing to these terms, you are agreeing to allow ThreadEx to charge your credit card or account for such amount and to recoup fees due should you fail to comply.

ThreadEx Clothing Policy

To protect our Members' interests, we do not allow customers to exchange items that are or have:  dirty, pilling, tears, stained, faded, missing buttons, stretched or out of shape, broken zippers, velcro, studs, laces not in good working order, illegible brand & size tag, incorrect size, offensive symbols, slogans or pictures.

We recommend you wash your clothing prior to sending and receiving a bundle.

ThreadEx Swap Protection

When an eligible receiving member doesn't receive an item or the item doesn't match what was described, within 15 days of ThreadEx's receipt of written notice from the receiving member, ThreadEx will credit the receiving member with an envelope or similar compensation to enable the receiving member to transact one (and only one) additional swap through ThreadEx. This process can be repeated by any eligible receiving member as long as they are a member in good standing. ThreadEx will notify the sending member of the item that the item did not meet specifications, and the sender may be subject to a review by ThreadEx. ThreadEx does not offer refunds to customers.

Fees and Services

There is no fee to join ThreadEx. We do charge fees for using our services. Our fee schedule, which we may change from time to time, is effective after we provide you with at least 15 days' notice by posting the changes on the ThreadEx Site. We may choose to temporarily reduce fees for our services for promotional events (like free envelope giveaways around the holidays) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. Without notice and at our sole discretion, we reserve the right to cancel any promotion, discount, coupon or similar incentive before its originally stated expiration date.

Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method, as indicated on the ThreadEx Site. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 30 days past due, deducting the amount owed from your PayPal or other similarly approved online payment account.

Ownership of Materials on the ThreadEx Site.

All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content of the ThreadEx Site, excluding any Member Content (as defined below) (collectively, the "Site Content") are proprietary to us or to third parties.

All software used on the ThreadEx Site is proprietary to us or to third parties, and any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.

The marks "ThreadEx" and the ThreadEx logo are registered or unregistered trademarks of ThreadEx, and they may not be used in connection with any service or products other than those provided by ThreadEx, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ThreadEx. Any use of such marks, or any others displayed on the ThreadEx Site, will inure solely to the benefit of their respective owners. Other trademarks or service marks used on this ThreadEx Site are the property of their respective owners and may not be used without permission.

Member Content

In these Terms of Use, "Member Content" means any photographs, images, text, drawings, pictures, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you to ThreadEx, whether in the form of e-mail or submissions to ThreadEx, or postings on this Site, or testimonials about ThreadEx. When you submit Member Content to us, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right, under all copyright, trademark, patent, trade secret, publicity, privacy and other proprietary or intellectual property rights in the Member Content, to use, copy, modify, make derivative works, publish, broadcast, display and distribute the Member Content in any media known now or in the future You represent and warrant that you have all right, title and interest in and to such copyright, trademark, publicity and database rights as are necessary to grant the above rights to us. Do not use this Site as a means of submitting information you consider to be proprietary. Except for personal information, which is dealt with in accordance with our Privacy Policy, or communications directly between you and another Member, any submission of Member Content by you will be considered a contribution to ThreadEx for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Without limiting the foregoing, ThreadEx will be entitled to unrestricted use and other exploitation of the Member Content for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Member Content. You agree that any Member Content is non-confidential (but subject to ThreadEx's Privacy Policy).

Limitation of Liability and Disclaimer

ThreadEx disclaims any and all responsibility for, and you will not hold ThreadEx responsible for, any other members' content, actions or inactions, or items that they send or receive through the ThreadEx Site. You acknowledge that we are a platform enabling anyone to trade clothing and clothing related items. We are not involved in the actual transaction between members, we only provide the vehicle (i.e. the ThreadEx Site and the satchel) to facilitate this transaction. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, authenticity, safety, or legality of items provided by members, or the truth or accuracy of members' listings or descriptions.

Without limitation of the foregoing, ThreadEx makes no representations or warranties of any kind regarding the ThreadEx Site, the Site Content or the Member Content. The ThreadEx Site, Site Content and Member Content are provided in "AS IS" condition, and ThreadEx expressly disclaims any and all warranties, both express or implied, including all warranties of merchantability, fitness for purpose and title and as such you will not be entitled to recover any incidental, consequential or special damages. Some jurisdictions do not allow the limitation or exclusion of warranties or of liability, so some of the above limitations or exclusions may not apply to you. ThreadEx does not offer refunds to customers.

Release

If you have a dispute with one or more Members, you release us (and our officers, directors, employees, agents, subsidiaries, joint ventures and each of their officers, directors, employees, and agents) from and against any and all claims, demands, causes of action, liabilities, losses and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes and/or the use of the ThreadEx Site.

Access and Interference

The information and Site Content on the ThreadEx Site is updated on a real-time basis and is proprietary to ThreadEx or is licensed to ThreadEx by our members or third parties. You agree that you will not use any robot, spider, scraper or other automated or manual means to access the ThreadEx Site for any purpose without our express written permission by letter or email executed by an authorized officer of ThreadEx. Additionally, you agree that you will not:

Privacy

We collect, store, and use your personally identifying information only as described in the ThreadEx Privacy Policy, which forms part of and is subject to this Agreement. Please read the Privacy Policy. If you do not agree with our collection, storage and use of such information as described in the Privacy Policy, do not use the ThreadEx Site.

Indemnity

You will indemnify, defend, and hold us (and our officers, directors, employees, agents, subsidiaries, joint ventures and each of their officers, directors, employees and agents) harmless from and against any and all claims, damages, and expenses, including, without limitation, reasonable attorneys' fees, arising out of or relating to any and all third party claims, actions or demands, due to or arising out of your breach of these Terms of Use, or your violation of any law or the rights of such third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served at www.ThreadEx.com.au or to the email address you provided to ThreadEx during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given seven days after the date of mailing as evidenced by the earliest postmark on the envelope.

Any notice alleging that materials on this ThreadEx Site infringe intellectual property rights must include the following information:

Resolution of Disputes

If a dispute arises between you and ThreadEx, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ThreadEx agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

ThreadEx Pty Limited postal address is

P.O.Box 843 Gladesville 1675,
Sydney NSW Australia.

If any provision of these Terms of use are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

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 Agreement.

We may amend this Agreement at any time by posting the amended terms on this site.

Except as stated elsewhere, all amended terms shall automatically be effective 15 days after they are initially posted. If you do not agree with the amended terms, you should cancel your membership before the end of the 15 day notice period. If you continue your membership after the end of the 15 day notice period, you will be deemed to have accepted the revised terms.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.