TERMS & CONDITIONS

  • TERMS
    TERMS OF SERVICE
    1. Overview

    Everdrobe Media (ACN 17 393 268 8440) (Yordrobe) provides its services (described below) (Services) at its website located at http://www.yordrobe.com.au(Website) and through its mobile applications and other software made available by it. These terms of service (Terms) govern your use of the Website and the Services. For that reason, it is important for you to ensure that you read the Terms carefully and understand them. Should you have any questions in relation to the Terms, please contact us before you use the Website or the Services. By using the Mobile Application and the Services, you acknowledge and agree that you have had a sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website or Services. Please note that Yordrobe reserves the right to change the Terms without informing you (including the Fees and Charges, as described below). Any amended Terms will be effective as at the date of their posting on the Website. You should regularly check the Website or Mobile Application for any updated Terms.

    2. Services

    Yordrobe provides an online virtual marketplace for fashion items, in which users of the Mobile Application can upload photos of, list, sell & swap their fashion items, and buyers can browse and purchase such items.

    3. Account

    In order to use the Services, you will need to create an account. You can do so directly with Yordrobe or using third party service providers, such as Facebook. Please note that you must be at least 13 years of age to create an account. You must be at least 18 years of age to purchase or swap items. If you are not 18 years of age or over, please do not use the Services and if you are not 13 years of age or over, please do not register an account. As an account holder, you must provide accurate personal information (which we will keep in accordance with our Privacy Policy). If you register an account with a third party service provider, Yordrobe may be required to disclose your personal information to these service providers. Please note that the manner in which third party service providers use, store and disclose your personal information will be governed by the policies of such providers, and Yordrobe will have no liability or responsibility for the privacy practices or other actions of any third party service providers. Your personal information will otherwise not be disclosed to any third party unrelated to Yordrobe’s businesses or the Services, unless such disclosure is authorised or required by law. If you create an account with Yordrobe, you will be required to provide a password. You acknowledge that you are solely responsible for maintaining the security of your password. Each time that you use your password, you will be deemed to be authorised to access and use the Website and Services in a manner consistent with these Terms. You must notify Yordrobe if at any time you believe someone has access to your password. Please note that Yordrobe reserves the right to refuse access to, or use of the Service to anyone, at anytime, in its sole discretion.

    4. Use of the Mobile Application and Services

    You are solely responsible for all descriptions, pictures of items, listings, information, graphics, video, messages or other materials that you upload, post, publish or display or otherwise transmit on the Website and Mobile Application, and for all items that you sell, purchase or swap via the Services. You agree to not use the Mobile Application or Services in any way that: a. would cause you or us to breach any law, regulation, code or other legal obligation; b. is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence; c. would bring us, the Website or the Mobile Application into disrepute; d. infringes the intellectual property or other rights of any person. User authentication on the internet is difficult. Therefore, we have established a 5-star rating system, so that you can evaluate the user with whom you are dealing. You should also communicate directly with potential buyers or sellers through the features available through the Service. In providing the Services, Yordrobe is not involved in any transaction between buyers and sellers who use the Services, does not obtain title to any purchased items and does not act as the buyer or seller (or agent for buyers or sellers) with respect to any such transactions. There are risks that you assume when dealing with other users (including those who may be acting under false pretences). You agree that all of these risks are borne by you, and not Yordrobe. Yordrobe does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. Yordrobe cannot assure that all transactions will be completed. Additionally, Yordrobe does not guarantee the ability or intent of users to fulfil their obligations in any transactions. As a seller, you must describe your item and all terms of sale in your listing accurately (including the purchase price for the item and any shipping costs (purchase price)). If you accept an offer, you must complete the transaction with the buyer unless the transaction is prohibited by law or these Terms. You are also responsible for payment of the commission to Yordrobe. An offer to sell may be retracted at any time prior to its acceptance, but not after. If your listing ends without a sale, you will not be charged any commission. If you agree to purchase an item through the Services and confirm the transaction, you are obligated to complete the transaction in accordance with the terms and conditions specified by the seller (e.g., with respect to the purchase price), unless the transaction is prohibited by law or these Terms. Yordrobe reserves the right to suspend or terminate the account of any user who uses the Mobile Application or Services contrary to these Terms, without prior notice. Yordrobe also reserve the right to remove any offending material from the Mobile Application or Services.

    5. Fees and Charges

    All prices on the Mobile Application and Services are listed in Australian dollars. Yordrobe charges a flat 10% commission (commission) on the purchase price and a flat $2.50 fee per user for a swap transaction. Upon the confirmation of any transaction through the Services, payment of the purchase price by the purchaser to Yordrobe and notification to the seller of such payment, the seller must ship the purchased item, using the shipping method specified by the buyer, by completion within 48 business hours. If there are any additional shipping charges, they will be the responsibility of the seller. Due to government enacted legislation, from 1 July 2000 items bought and sold by Australians may be subject to a goods and services tax (GST). Yordrobe strongly suggests that sellers contact the Australian Taxation Office (ATO) or a taxation advisor for information on the GST, if necessary. The Australian Taxation Office can be contacted at the following address:www.ato.gov.au

    6. Credit Card Payments

    All payments, including credit card payments, will be processed safely and securely through PayPal. Individual yordrobe users are responsible for creating and maintaining their PayPal accounts and Yordrobe will have no liability or responsibility for the unauthorised use of PayPal accounts. If you effect any transaction using a credit card, you must have a valid credit card on file, and we may (or a third party credit card processor may) store your credit card information. Credit card information collected for the purpose of payment for items purchased at Yordrobe will be stored securely. You must not pay or attempt to pay for an item using fraudulent credit card information.

    7. Returns and Disputes

    We do not have any power to force a seller to accept the return of an item. However, we wish to keep our users happy. Therefore, if the item you receive is damaged or the wrong item, or you do not receive an item at all, please contact us as soon as possible to let us know. We will then endeavour to reach a resolution. A buyer must confirm its acceptance or otherwise of an item within 1 day after receipt of it. If the buyer does not respond within such time period, the purchased item will be deemed acceptable. If an item is returned, the seller will be responsible to reimburse the purchaser the purchase price (less the commission, which may be reimbursed by Yordrobe at its absolute discretion, depending on the circumstances of the case). If we are not able to facilitate a resolution, a purchaser may independently have legal rights against a seller if they receive an item which is damaged, the wrong item or they do not receive an item at all (including under the Australian Consumer Law). In these circumstances, a purchaser may need to seek independent legal advice. If you do not receive an item at all, following payment for it, and the seller will not reimburse you the purchase price, we recommend that you contact PayPal directly. In the event of a dispute between users, you agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with the Services and Yordrobe will have no liability or responsibility with respect thereto.

    8. Intellectual Property Rights

    All information, text, material, graphics, software and advertisements on the Mobile Application and Services are copyright of Yordrobe, unless indicated otherwise. The Website, Mobile Application and Services content (including the Yordrobe name and logos) is protected by Australian and international trade mark laws. Nothing in these Terms constitutes a transfer or licence to you of any intellectual property rights of Yordrobe, without our prior written permission in each instance. You acknowledge and agree that, as between you and us, we own all intellectual property rights on the Website and associated with Yordrobe’s business. You are solely responsible for the content you post or add to the Mobile Application and Services (and shall not post or add any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein). By posting or adding content to the Website or Mobile Application, you grant Yordrobe a perpetual, non-exclusive, royalty- free, irrevocable, worldwide and transferrable right and licence to use the content in any way (including, without limitation, by reproducing, changing and communicating the content to the public) and permit us to authorise any person to do the same thing. You acknowledge that nothing that you post or add to the Mobile Application and Services is confidential, unless we expressly agree. Except as expressly authorised by Yordrobe, you agree not to modify, copy, or distribute the Website or Mobile Application content, in whole or in part, except to the extent that this is necessary for your proper use of the Services, the Website and the Mobile Application in accordance with these Terms. You must not frame or embed in another website any of the material appearing on the Website without our prior written consent.

    9. Privacy

    For information on how we collect and handle personal information, please see our Privacy Policy.

    10. Disclaimer and Liability

    These Terms constitute the entire agreement between you and Yordrobe and supersedes all prior understandings, negotiations, agreements (written or oral) between you and us. The Terms shall be governed by the laws of New South Wales and the parties submit unconditionally to the jurisdiction of the Courts of or situated in New South Wales. If any term of the Terms is held to be invalid or unenforceable for any reason, it shall be severable and shall not affect the remaining Terms. A failure by Yordrobe to enforce compliance with any term of the Terms will not affect the right of Yordrobe to seek, use or avail itself of any remedy in respect of the breach of that term.

    10. General

    These Terms constitute the entire agreement between you and Yordrobe and supersedes all prior understandings, negotiations, agreements (written or oral) between you and us. The Terms shall be governed by the laws of the South Australia and the parties submit unconditionally to the jurisdiction of the Courts of or situated in South Australia. If any term of the Terms is held to be invalid or unenforceable for any reason, it shall be severable and shall not affect the remaining Terms. A failure by Yordrobe to enforce compliance with any term of the Terms will not affect the right of Yordrobe to seek, use or avail itself of any remedy in respect of the breach of that term.

  • DROP TERMS
    1. Overview

    The DROP services (the “DROP”) is a new service that can help you earn money by having your no longer needed items (each an “Item” and collectively, “Items”) sold on the Yordrobe App. Authorized Yordrobe processors (each referred to this Agreement as a “DROP”) will assist in obtaining your Items by providing you a shipping label to send your Items in. DROP will then list and attempt to sell your items on the Yordrobe App on a consignment basis.

    Third Party Services

    Yordrobe will offer you the Services if you agree to be bound by this Agreement. Yordrobe reserve the right to amend, cancel or alter these Services at their discretion. Yordrobe is providing this service called DROP. The DROP service is not an agent of Yordrobe. You have ultimate control over an Item that has been listed and may withdraw a listing by contacting the Yordrobe via email holla@yordrobe.com.au

    THE USE OF THE SERVICES IS GOVERNED BY THESE TERMS OF USE (“AGREEMENT”). PLEASE READ THIS AGREEMENT CAREFULLY. BY CONSENTING TO THIS AGREEMENT, YOU ARE CONSIGNING YOUR ITEMS TO BE SOLD BY DROP ON THE YORDROBE APP.

    THE AGREEMENT MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS. EXCEPT AS STATED BELOW, THE AMENDED TERMS WILL AUTOMATICALLY BE EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED.

    THERE IS NO GUARANTEE THAT YOUR ITEM(S) WILL BE LISTED OR THAT YOUR ITEM WILL SELL.

    .
    Your Representations and Warranties

    You, (the “Consignor”) represent and warrant that you: (A) are the lawful owner of each Item you are consigning and have all the necessary rights, titles, and authorization to consign such Item and permit Yordrobe to offer, sell, and deliver the Item to any third party; and (B) your Items are not counterfeit and do not infringe the proprietary rights, including, without limitation, copyrights, patents, domain names, trademark rights or any other intellectual property rights, of any third party. If you breach any of the above representations and warranties, you may be ineligible to participate in the services or use of Yordrobe in the future. In addition, Yordrobe is under an obligation to share information regarding such potential or actual breach with Yordrobe.

    Items Eligible for DROP

    Items eligible for DROP include items of the brands that we already accept on Yordrobe. Our full list of brands is located on the website under FAQ’s > General > What Can I Sell On Yordorbe.

    DROP will NOT accept items that have not been pre-approved by Yordrobe. Yordrobe reserve the right to reject any of your Items, including your eligible Items, if we believe that the Item will not successfully sell on Yordrobe.

    Liability for Loss or Damage

    Yordrobe will insure items while they are being stored or while the Item is in Yordrobe’s possession. You will be reimbursed for any Item that is lost, damaged or stolen while in Yordrobe’s possession.

    Yordrobe shall not be responsible for any loss or damage to Items resulting from the following:

    A. Caused by or resulting from inherent vice, wear and tear, rust, corrosion, decay, deterioration, hidden or latent defect;

    B. Caused by or resulting from fungus or mould;

    C. Caused by or resulting from the seizure or destruction of property by order of governmental authority.

    D. Caused by or resulting from war, military action, rebellion or revolution.

    It is your responsibility to properly package the Items that you mail in. Once the package is scanned into the shipping carrier’s system, your Items are covered up to $100 through the shipping carrier’s standard claims procedure. You may be able to purchase additional insurance from the shipping carrier. If there is no scan showing that the shipping carrier received the package, then the DROP and the shipping carrier are not liable for any lost, damaged or stolen items. The DROP only accepts responsibility for the Items it receives. If you believe your items were lost, damaged or stolen then please contact Yordrobe on holla@yordrobe.com.au

    What determines How Much Your Items Sell For

    Items will be listed on the Yordrobe App under your active profile, where they will be exposed to Yordrobe’s national buyer base. Yordrobe will determine, in its sole discretion, what your Item is ultimately worth. Yordrobe will use its expertise and other comparable items to determine the best price for sale. If your item does not sell for the best determined price then the price will be reduced until the item is sold.

    What happens if Your Items Sell

    If your Items sell, Yordrobe will send a payment to you via PayPal for 50% of the sale proceeds (excludes tax and shipping) of your sold Items, depending on the final sale price of each Item, no later than 7 days after all your Item(s) are sold and paid for. Yordrobe will wait for all your Item(s) to be sold and paid for before sending payment to you. You need a PayPal account to access the sent payment. Yordrobe will deposit any payments via PayPal using the email address you have provided. If you don’t have a PayPal account, you will need to create one to use DROP. PayPal is the only payment method available for YORDROBE at this stage.

    Yordrobe will be responsible for shipping your Items to the buyer. You will only be asked to return a payment if you breach of the representations and warranties above (including, without limitation, if your Item was counterfeit, stolen or non-functional).

    What happens if Your Item(s) Don’t Sell/Are Not Sellable

    Yordrobe will use its expertise to decide in its sole discretion whether an Item will successfully sell on the Yordrobe App. Some Items may not be sold on the Yordrobe App for various reasons including, but not limited to, instances where there are questions about the safety, authenticity, or the legality of selling such Items online. If Yordrobe determines that an Item is not sellable or if the Item doesn’t sell after being listed on the Yordrobe App you will be notified. Unsold items can be mailed back to you if they do not sell within 90 days, in that case you can request for your items to be mailed back to you (claim them back). Shipping costs to return the unsold items are paid for by the returner (you). If items are not claimed within 30days after the 90 day sell period then the items will become ownership of Yordrobe.

    Yordrobe may determine in their sole discretion that an Item poses a significant trust and safety risk, such as an illegal item or a counterfeit. If this occurs, Yordrobe has an obligation to properly dispose of the Item, in which case the Item cannot be returned to you. You release Yordrobe from any liability surrounding this determination.

    Fees for DROP

    The 50% Drop fee is deducted from the sale price of your item when it sells (excludes tax). The fees for DROP can change at any time and will be published as part of these terms.

    Privacy

    The DROP will collect your name, address, email address and PayPal email address (“your personal information”) for participation of the Service. Your personal information will be used only to provide you the Services and any additional services you request. The DROP may also share your personal information with service providers who help with its business operations.

    Yordrobe does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Yordrobe may combine your information with information collected from other companies and use it to improve and personalise services and advertising.

    No Agency

    This Agreement in no way constitutes or gives rise to an agency, partnership, joint venture or other relationship between the parties. Yordrobe and you each will operate under the terms of this Agreement as an independent contractor and not as an agent for the other. Yordrobe is the consignee and you are the consignor with respect to your Items.

    Breach

    Without limiting other remedies, Yordrobe may immediately terminate the Services, and refuse to provide future Services to you if: (A) you breach this Agreement, (B) Yordrobe believes that your actions may cause financial loss or legal liability to Yordrobe, or any of their affiliates or customers, or (C) Yordrobe suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Item(s).

    Indemnity

    You agree to indemnify and hold Yordrobe and their respective officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due, connected to, or arising out of your breach of this Agreement, or your violation of any law or the rights of any third party.

    Warranty Disclaimer

    Yordrobe provide their Services “as is” and “as available” and without any warranty, condition or representation as to the Services, of any kind, express, implied or statutory. Yordrobe specifically DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. In addition, to the extent permitted by applicable law, Yordrobe is not liable, and you agree not to hold Yordrobe responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, consequential, or punitive damages) resulting directly or indirectly from the Services or your use of DROP.

    General

    These Terms constitute the entire agreement between you and Yordrobe and supersedes all prior understandings, negotiations, agreements (written or oral) between you and us.

    The Terms shall be governed by the laws of the South Australia and the parties submit unconditionally to the jurisdiction of the Courts of or situated in South Australia.

    If any term of the Terms is held to be invalid or unenforceable for any reason, it shall be severable and shall not affect the remaining Terms.

    A failure by Yordrobe to enforce compliance with any term of the Terms will not affect the right of Yordrobe to seek, use or avail itself of any remedy in respect of the breach of that term.