Terms of Use for the High End Platform

Please read these Terms of Use carefully before signifying your acceptance of the Terms of Use.

This Agreement is between you and High End Pty Ltd (ACN 634 474 383) (High End, we, us or our), the provider of the High End Platform and High End Services. Your use of the High End Platform and High End Services is governed by this Agreement. It is a legal agreement between you and High End.

In consideration for registering as a user of the High End Platform, you confirm acceptance of these Terms. You may not make any use of the High End Platform and High End Services unless you have accepted these Terms.

Definitions

For the purposes of these Terms:

• Agreement means these Terms of Use regarding the use of the High End Platform and High End Services.
• Content refers to content such as text, images, videos or other information that can be uploaded, linked to or otherwise made available or generated by you, regardless of the form of that content.
• Device means any device that can access the High End Platform such as a computer, a mobile phone or a digital tablet.
• Effective Date means the date that you register to use the High End Platform and accept the terms and conditions of this Agreement.
• High End Platform means the High End Application and the associated High End website at www.highend.app, which is an intermediary platform connecting buyers and sellers of luxury pre-owned fashion in Australia.
• High End Services means the services connecting buyers and sellers, which High End makes available via the High End Platform, for browsing and buying and selling of luxury pre-owned fashion.
• Law means, with reference to any applicable jurisdiction, any statute, regulation, bylaw or a provision of a statute, regulation, or bylaw and includes, without limitation, any statutory rule, or ruling by a statutory body.
• Linked Sites means any third party websites which may be accessed via the High End Platform
• Third Party Services means any services or content (including data, information, applications and other products or services) provided by a third party that may be accessed via the High End Platform.
• you means the individual accessing or using the High End Platform.

Obligations of User

• Access

• Internet access is required to fully access the High End Platform. You acknowledge that to use the High End Platform there will be charges from your internet service provider (for example mobile data usage). You understand and agree that we are not responsible for any connection issues, which you may experience when using the High End Platform.
• We will make the High End Platform and High End Services available to you under the terms and conditions of this Agreement. You agree that your use of the High End Platform and High End Services is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by High End regarding future functionality or features.

Becoming a User

• To become a registered user, you must:
• possess the legal right and ability to enter into a legally binding agreement with High End;
• be located in Australia; and
• complete your details in the manner required on the High End Platform sign-in page.
• Your account password must be protected securely at all times and not shared with anyone.
• You are liable for all activity on your account. Should you discover any unauthorised use of your account, you must contact us immediately.
• You agree to ensure that your registration details remain true and accurate at all times. You must notify us of any change to the registration details as originally supplied.
• Once you account has been created, the High End Platform may be used to browse, buy and/or sell items via the Platform.
• You understand and agree that High End is not a party to any agreement entered into by a buyer and seller and is simply providing the High End Platform as an intermediary platform connecting buyers and sellers.

Buying and Selling Items

• The seller must comply with the following requirements for listing and selling an item (Sale Guidelines):
  • The following items must not be listed: counterfeit items and items altered more than 10% from original state. The only alterations accepted on an item are when clothing is hemmed, zipper repaired on clothing, or shoes are resoled.
  • The item must be a brand which is permitted for sale on the Platform. The list of permitted brands is available on the Platform and may be updated from time to time by High End.
  • Items must be in Brand New, Excellent, Great or Pre-owned condition - the criteria for each of these conditions is on the Platform. Noticeable holes, stains, sweat marks, rust or tears will be reasons for the decline of a listing. Items must not have a strong odour.
  • Clear and accurate images of the item must be provided, as per the image requirements on the Platform.
  • High End prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation. High End prohibits the listing or sale of counterfeit items.
  • The description of the item must be accurate, truthful and complete.
  • The item must be in the seller’s possession at the time of listing.
  • The seller must be the owner of the item they wish to sell or otherwise be entitled to sell the item on the owner’s behalf. High End reserves the right to request information about a seller’s entitlement to sell an item.
  • Only one item may be listed per listing.
  • Sellers are free to set the price of the item.
    • The shipping price is set by the seller. A link to the Australia Post shipping calculator is available on the Platform which may be used for guidance. The shipping price is included in the sale price which is displayed on the Platform. The actual shipping costs may vary depending on the location of the buyer.
    • Where an item is priced at $1,000 or more, High End will charge a fee of $45 (GST inc.) for its authentication and quality control service (Premium Verified fee). The Premium Verified fee is also included in the total price displayed on the Platform.
  • The seller must use Australia Post’s Express Post service to ship the item within 5 business days of the sale occurring and promptly add the Australia Post tracking number to the Platform. If the seller fails to ship the item and add the tracking number to the Platform within 5 business days, the sale will be forfeited ie the money paid by the buyer (which is held in escrow by Stripe, our payment processor) will be returned to the buyer.
• We aim to approve or deny all listings within 72 hours of submission. There may be slight delays during weekends, and holiday periods. If a listing is rejected, the seller will receive a notice from the High End Authentication Term providing feedback on why the listing has been rejected. If suitable amendments can be made to the listing, the seller may relist the same item with amended details for approval.
• Once a listing is approved, the listing will be available for users of the Platform to view. The seller may remove or edit any of the listing information once it is live on the Platform. However, if edits are made to the listing, then the amended listing will be removed and will go through the same listing approval process (unless only the price has been edited).
• We reserve the right to reject or remove any listing which we consider (on reasonable grounds) does not comply with the Sale Guidelines. The seller will be notified if their item has been removed.
• If purchasing an item on the Platform, at the ‘checkout’ the buyer will be required to pay the purchase price (which includes GST, shipping and the Premium Verified fee, where applicable). The payment is processed by Stripe, our third party payment processor and Stripe will hold the payment in escrow. The Seller will also be charged a payment processing fee by Stripe on each sale (which will partly be determined by reference to the transaction amount) to cover the external processing costs of the transaction.
• The sale agreement is between the buyer and the seller: High End is not a party to the transaction.
• When an item is purchased, the seller will receive a notification via the Platform that the item has been sold and must ship the item to the buyer using Australia Post’s Express Post service within 5 business days (unless the Premium Verified Authentication Service applies). The tracking number is required to be uploaded promptly by the seller to the High End Platform. If not uploaded within 5 business days, the buyer will be refunded the purchase price. The Platform is integrated with the Australia Post API and will track the item through the High End Platform until it is delivered to the buyer. The buyer will receive a notification on the Platform and an email with the tracking details of their package.
• Premium Verified Authentication Service for items over $1,000. Where an item has a sale price of more than $1,000, once the item has been sold, the seller must send the item together with any accessories described in the listing to High End at the following address (instead of sending the item directly to the buyer):
  
  Suite 7.11, Level 7, 80 Dorcas Street Southbank VIC 3006.
  
  Upon receipt of the item, a High End representative will conduct a physical inspection of the item to conduct a quality control check and verify the item’s authenticity. High End will be responsible for payment of the shipping fee of the item from High End to the buyer. The seller will be responsible for payment of the shipping fee of the item from the seller to High End. The seller will be reimbursed the shipping fee once the buyer receives the item and no reports are raised from the buyer (using the reporting procedure below).
• All purchases are final, with no returns, refunds, cancellations, or retractions allowed, except where (a) required by law; or (b) the purchase is cancelled where explicitly permitted by High End.
• Once the buyer receives the item, the buyer must immediately inspect the item and they will have 72 hours from the date of delivery to notify High End if they have any concerns regarding the item. If the buyer considers that there is an issue with the item, for example, if the item was damaged in transit, they believe they have received an incorrect item, the item is not as described in the listing or they consider that the item may be counterfeit, the buyer may notify High End by lodging a report via report@highend.app. The buyer must include a description of the issue and provide photographs. The buyer may be required to forward the item to High End so that we may inspect the item. If the buyer if required to forward the item to High End, High End will reimburse the buyer for shipping costs. In certain circumstances, High End may consider reports received from buyers outside the 72 hour window.
• If we determine, in our sole discretion and on reasonable grounds, that the buyer’s concern is valid, the seller will be notified via the Platform. In the event that the item needs to be returned to the seller, the buyer will return the item to the sender and will receive a full refund, including shipping costs. In the following scenarios:
  • where the incorrect item was sent by the seller: the seller will be contacted and required to send the correct item at their own expense to the buyer via express post. If this does not occur, the buyer will be fully refunded, including shipping.
  • where the item is not as described, High End will facilitate communications between the buyer and seller to offer the item for a price which reflects the item’s condition. If a mutual agreement between buyer and seller cannot be reached, then the item will be returned to the seller and the buyer will be fully refunded, including shipping.
  • where the item is deemed counterfeit and is in High End’s possession, High End reserves the right to dispose of the item if the seller does not pay for the return shipping of the item to the seller. The buyer will receive a full refund, including shipping. High End also reserves the right to suspend the seller from our Platform if deemed appropriate and will provide notice to the seller before doing so.
• If the seller remains unresponsive to any case raised against the seller, High End reserves the right to suspend the seller’s access to the Platform and will provide notice to the seller before doing so.
• If High End does not receive any notification from the buyer within the 72 hour window, the payment received from the buyer (less High End’s commission on the sale) will be released by Stripe to the seller’s Stripe account. The payment to the seller will also include the estimated shipping costs the seller entered into the Platform (which was included in the price), which may differ to the shipping costs actually incurred by the seller which will depend on the buyer’s location. Commission from the sale will be paid to High End.

Account & User Data Deletion

We are committed to ensuring user experience and security in our mobile application. Account creation process is not provided, authentication through popular third-party services (Facebook, Apple and Google) is offered instead. We also provide the ability to delete user profile & data in app under My Profile section, but deletion does not happen instantly. It takes up to 7 business days to verify the requester does not have any active orders and/or shipments or other outstanding commitments.

With request for deletion following information is removed from our system:

• My Listings
• My Orders
• Wishlist
• Social network tokens used for login

Title and risk

• Title in the item will remain with the seller until payment for the item (less High End’s commission) is released to the seller.
• Risk of loss or damage to an item passes from the seller to the buyer upon delivery to the buyer’s delivery address.
• You assume certain risks in using a marketplace service such as High End, High End is not involved with any transaction between buyer and seller, nor has title to any items, and is not the buyer or seller in any transaction. You, as a buyer or seller, enter the sale agreement (not High End), and you understand that you bear all of the risks in the selling or purchasing of items on the Platform.

Prices and Fees

We may change or discontinue, temporarily or permanently, some or all of the fees for the Services, and such changes will be effective upon notification to Users or public display of the amended fees through our Service. Any change in fees will not apply to sales which have concluded or are pending (ie the sale has occurred via the Platform but the sale proceeds have not yet been released to the seller).

Prices

• Sellers are free to set the price for the items they wish to sell. All prices and charges are in Australian dollars. The price is inclusive of GST.
• The buyer will be charged the Premium Verified fee (being an additional $45 authentication and quality control fee) where a seller is selling an item for a price of $1,000 or more. The Premium Verified fee will be included in the sale price displayed on the Platform for the listed item.

Fees

Registering for the Service is free, however, High End charges certain fees for various transactions through your use of the Service. All fees and charges are in Australian dollars. The fees are inclusive of GST where applicable.

• High End will receive commission on products sold via the Platform, with the percentage of commission depending on the listed price of the item. High End will receive commission on all purchase transactions via the Platform, a 3% buyer service fee on the purchase price. The buyer service fee will be listed in the item's price details at the checkout. The commission collected by High End is stipulated in the below table (and is available on the FAQ page on the Platform), based on the price the seller lists the item for on the Platform:
  
  

  Commission fee	Item sale price
  10%	0-$249
  20%	$250-$499
  18%	$500-$999
  16%	$1000-$4999
  13%	$5000 +

High End may change the commission rates from time to time and will provide reasonable notice of any commission rate changes before the changes take effect.

• Stripe also charges fees in connection with your use of your Stripe account. Stripe charges a seller 0.25% of the transaction cost + 25 cents per payout sent, and a buyer 2.9% of the transaction cost + 30 cents per successful card charge. Details of Stripe’s fees are available at https://stripe.com/au/pricing

Licence

• Scope of Licence

• High End grants you a revocable, non-exclusive, non-transferable, limited licence to access and use the High End Platform and High End Services strictly in accordance with the terms of this Agreement.
• The licence that is granted to you is for the sole purpose of enabling you to use the High End Platform and High End Services in the manner contemplated by this Agreement.



• Licence Restrictions

  You agree not to, and you will not permit others to:

• licence, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the High End Platform or make the High End Platform available to any third party;
• copy or use the High End Platform for any purpose other than as permitted under this Agreement;
• modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the High End Platform;
• remove, alter or obscure any proprietary notice (including any notice of copyright or trade mark) of High End or its affiliates, partners, suppliers or the licensors of the High End Platform; and
• use the High End Platform in a way which may damage or harm our reputation.

Use of the High End Platform and High End Services

• Your Responsibilities

• You agree to use the High End Platform or High End Services for lawful purposes only.
• You are entirely responsible for:
  • your access to the High End Platform and High End Services;
  • your use of the High End Platform and High End Services; and
  • your compliance with this Agreement.

• Service Support

  You may access support in respect of the High End Platform and/or High End Services using the ‘Contact Us’ function in the High End App or by emailing us at clientservices@highend.app.

• Prevention of Misuse

  • You must not misuse the High End Platform or High End Services and, in particular, you must not:
  • commit or encourage the commission of a criminal offence;
  • transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  • hack into any aspect of the High End Platform, corrupt data or cause annoyance to other users;
  • infringe upon the rights of any other person;
  • send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
  • attempt to affect the performance or functionality of any computer facilities of or accessed through the High End Platform.

  Breaching this provision may constitute a criminal offence and we may report any breach of the above nature to the relevant law enforcement authorities and disclose your identity to them.

  • We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the High End Platform or due to your downloading of any material posted on it, or on any Linked Sites.

Content

• Content Restrictions

• We are not responsible for the listings, information or Content of users of the High End Platform. You expressly understand and agree that you are solely responsible for your listing, the Content and for all activity that occurs under your account, whether done so by you or any third person using your account.
• You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, may incite violence or is otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
• unlawful or promoting unlawful activity;
• defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
• spam, machine generated content or randomly generated content, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling;
• containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person;
• infringing on any proprietary rights of any party, including patent, trade mark, trade secret, copyright, right of publicity or other rights;
• impersonating any person or entity including High End and its employees or representatives;
• violating the privacy of any third person; and
• misleading, deceptive and false information,

  (collectively, Prohibited Content). By uploading any Content, you represent and warrant that the Content is not Prohibited Content. We can limit or revoke your use of the High End Platform if you post Prohibited Content.

• We reserve the right, but not the obligation, in our sole discretion and where acting reasonably, to determine whether or not any Content is appropriate and complies with this Agreement, or to refuse or remove any Content.
• You agree to use the High End Platform at your own risk. You agree that under no circumstances will High End be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.

Privacy

• When you create a user account, we will collect your name, email address, billing and shipping addresses, city, mobile number, state, postcode. If you are a seller, we will also collect your ABN if you have one.
• Your personal information may be disclosed to third parties in various circumstances. For example, if you are selling an item, other users of the Platform will be able to see your name. If you purchase an item, your name and shipping address will be disclosed to the seller. The names and addresses of buyers and sellers will be shared with Australia Post, our delivery service provider.
• Our Privacy Policy details how your personal information is collected, used, disclosed and stored and can be found at www.highend.app. Our Privacy Policy also contains information about how you may exercise your privacy rights, including how you can request access to and/or correction of your personal information and make a privacy complaint.

Intellectual Property

• The intellectual property rights in the High End Platform, including without limitation all copyrights, patents, trade marks, trade secrets and other intellectual property rights in all software and content (excluding user-generated Content), will remain the sole and exclusive property of High End (or its licensors).
• You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Content, Services or High End’s intellectual property that you are exposed to through our Service not explicitly authorised by this Agreement.
• The intellectual property rights in the Content that you submit to the High End Platform will remain with you. You grant High End a fee-free, royalty-free, perpetual, irrevocable, worldwide, sublicensable, transferable licence to access and use your Content to enable us to operate and further develop the High End Platform, to make the High End Platform available to you and other users, provide the High End Services and to promote the High End Platform and High End Services on our social media pages.
• High End will not be obligated to indemnify or defend you with respect to any third party claim arising out of or relating to the High End Platform. To the extent High End is required to provide indemnification by applicable law, High End shall be solely responsible for the investigation, defence, settlement and discharge of any claim that the High End Platform, or your use of it, infringes any third party intellectual property rights.

Your Suggestions

• Any feedback, comments, ideas, improvements or suggestions you provide to High End with respect to the High End Platform or High End Services shall remain the sole and exclusive property of High End.
• High End will be free to use, copy, modify, publish, or redistribute the suggestions for any purpose and in any way without any credit or any compensation to you.

Competitions and Promotions

We may, from time to time, hold promotions and competitions and award prizes. Any promotions and competitions will be subject to separate terms and conditions.

Suspension and Discontinuation

We reserve the right to suspend or discontinue, temporarily or permanently, the High End Platform or any service to which it connects (including the High End Services). We will provide you with reasonable notice before doing so (where reasonable for us to provide notice).

Updates to the High End Platform

We may, from time to time, provide enhancements or improvements to the features/functionality of the High End Platform, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the High End Platform. You agree that we have no obligation to (i) provide any updates, or (ii) continue to provide or enable any particular features and/or functionalities of the High End Platform to you.

Third Party Services

• The High End Platform may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
• You acknowledge and agree that we shall not be responsible for any Third Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Services.
• You must comply with applicable Third Party terms and conditions when using the High End Platform. Third Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such Third Parties' terms and conditions.

Accessibility

• While we take all reasonable steps to minimise any delays and interruptions to your use of the High End Platform, we cannot warrant that the High End App will be available at all times or at any given time.

Term and Termination

• Term

  The Agreement commences on the Effective Date and will continue until terminated in accordance with the remainder of this clause 17.

• Termination by High End

We may terminate the Agreement at any time in writing if:

• you have breached any material provision of the Agreement and you fail to remedy the breach within a reasonable time after we provide notice to you of the breach;
• we are required to terminate the Agreement by Law or the operation of the High End Platform becomes unlawful; or
• we determine that providing the High End Platform and/or High End Services is no longer profitable or viable.

If we suspend or terminate your use and access, we will endeavour to inform you in advance. However, there may be some cases (for example, repeated or flagrant violation of the Agreement, a court order, or danger to other users) where we may suspend or terminate your use and access immediately.

You are not entitled to any compensation, indemnity, damages or other payment from High End as a result of High End suspending or terminating your use of or access to the High End Platform in accordance with this clause and such suspension or termination will be without prejudice to any other rights or remedies that we may have under the Agreement or under the law or equity.

• Termination by You

You may terminate the Agreement at any time with immediate effect by providing us with written notice to clientservices@highend.app.

• Effect of termination

Upon termination, your licence to use the High End Platform will end and we will remove your access to the High End Platform, as well as any listings for items you may have for sale at the date of termination. We may retain your user information, Content you have submitted or other personal information for archival, compliance, backup and disaster recovery purposes and, when no longer required for these purposes, the information will be destroyed or de-identified. However, where your Content includes photos of items, the photos may continue to be displayed on the High End Platform and/or on our social media pages after the date of termination.

• Survival of Terms

Any termination by either party will not affect any rights, obligations, liabilities or licenses that are either expressed in the Agreement to be continuous or are intended to continue indefinitely by implication.

Indemnity

• You agree to indemnify and hold High End and its related bodies corporate, directors, officers, employees, consultants, agents, partners and licensors (if any) harmless from any and all third party claims or demands, liabilities or costs including but not limited to reasonable legal fees, due to or arising out of your:
• unauthorised use of the High End Platform or High End Services;
• breach of this Agreement or any law or regulation; or
• violation of any right of a third party.
• You are not obligated under this indemnity to the extent that any claim arises from our breach of this Agreement.

Limitation of Liability

• Subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement:
• we give no warranties, and you have no other rights, apart from those expressly set out in this Agreement; and
• all implied conditions, guarantees, warranties and rights are excluded.
• We exclude, to the maximum extent permitted by law, any liability which may arise as a result of your use of the Content, the High End Platform and the High End Services. Where liability cannot be excluded, any liability incurred by us is, to the extent permitted by law, will be limited as provided and as per our option under section 64A of the Australian Consumer Law (namely, to supplying the services again, or the payment of the cost of having the services supplied again). However, this limitation of liability does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
• To the extent permitted by law, in no event will High End, its related bodies corporate, its directors, its officers, employees, agents, suppliers:
• be liable for any indirect, special, or consequential loss or damage however caused; and
• the aggregate liability of High End, its related bodies corporates, its directors, officers, employees, agents, suppliers will be limited to the supply of the services, or the cost of supplying the services again.

Severability and Waiver

• Severability

If any provision of this Agreement is held to be unenforceable or invalid, the provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

• Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement will not affect a party’s ability to exercise such right or require the performance at any time thereafter nor will the waiver of a breach constitute a waiver of any subsequent breach.

• Changes to this Agreement

We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If an amendment is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion (where acting reasonably). If you do not agree to any amendments to the Agreement, then you may terminate the Agreement with immediate effect by providing us written notice by email to clientservices@highend.app.

By continuing to access or use the High End Platform or the High End Services after the date that any amendments become effective, you agree to be bound by the amended terms. If you do not agree to the new terms, you are no longer authorised to use the High End Platform or High End Services.

• Events outside our Control

We accept no liability for any failure to comply with the terms of this Agreement where the failure is due to circumstances beyond our reasonable control.

• Assignment

You cannot assign your rights or obligations under this Agreement. We can novate or assign our rights and obligations under this Agreement without restriction.

• Governing Law

The laws in force in the State of Victoria, excluding its conflict of law rules, govern this Agreement and your use of the High End Platform and High End Services. Your use of the High End Platform and High End Services may also be subject to other local, state, national, or international laws. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

• Entire Agreement

The Agreement constitutes the entire agreement between you and High End regarding your use of the High End Platform and High End Services and supersedes all prior and contemporaneous written agreements between you and High End (to the extent permitted by law).