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Introduction: 

Welcome to www.populacethreads.com.au. These Terms of Use, the Privacy Policy and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”).  All policies are incorporated into these Terms of Use.  You agree to comply with the full Terms of Use when accessing or using our Services.  The Terms of Use set out below take effect from the 1 July 2019.

Your Account: 

To access and use some of the Services, you will need to register with us and set up a Vendor Account with your email address, preferred contact method, payment information and a password (your “Account”).  The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password.  You are solely responsible for all activities that happen under your Account.

You may connect to the Services with a third-party service (e.g. Facebook or Google+) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account has been compromised or misused, contact us immediately at Populace Threads Customer Support using the ‘Contact Us’ form on the Populace Threads website.

Using Populace Threads: You agree that you will only post in relation to goods or services in the appropriate category or area and you agree that you will not do any of the following bad things:

  • violate any laws or the Posting Rules;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • be false or misleading;
  • infringe any third-party right;
  • distribute or send communications that contain spam, chain letters or pyramid schemes;
  • distribute viruses or any other technologies that harm Populace Threads, the Services or the interests or property of Populace Threads users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of the Services;
  • copy, modify, or distribute any other person’s content without their consent;
  • use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent; and/or
  • bypass measures used to prevent or restrict access to the Services. 

Abusing Populace Threads Services: 

Populace Threads and the Populace Threads community work together to keep the Services working properly and the community safe.  Please report problems, offensive content and policy breaches to us using the reporting system via Customer Support. You are solely responsible for all information that you give to Populace Threads and any consequences that may result from your posts.  We can at our discretion refuse, delete or take down any content that we think is inappropriate or breaching these Terms of Use.  We also can at our discretion restrict a user’s usage of the Services either temporarily or permanently or refuse a user’s registration.  Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies.   However, whether we take any of these steps, we don’t accept any liability for monitoring the Services of for unauthorised or unlawful content on the Service or use of the Services by users.  You also accept that Populace Threads is not under any obligation to monitor any data or content which is submitted to or available on the Services. 

Fees and Services: 

View access to the Populace Threads marketplace is open to all, but to undertake transactions such as selling, renting and swapping on the platform (collectively “Trade”) you will need to set up a Vendor Account.   Populace Threads charges a 10% transaction fee on every transaction that passes through the Populace Threads platform.  The transaction fee is calculated on the full transaction value including shipping fees. Our fees are quoted in Australian Dollars, and we may sometimes change them.  We’ll notify you of changes to our fees by posting the changes on the site.  The transaction fee is non-refundable and is automatically deducted as part of the transaction processing. If any payment method fails or your account is in any way past due, we may collect fees owed using collection mechanisms, including third party debt collection services, Australia taxes associated with our Services will be collected where applicable. You agree to provide accurate information necessary for Populace Threads to comply with our obligations under applicable law.  

Content: 

Populace Thread’s Services collect content from us, you and other users.  Populace Threads is protected by copyright laws. Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyright laws and national conventions.  You agree not to copy, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent.  You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services.  Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content).  When you give us content, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to the content , in any media whether now known or to be discovered in the future, including third party sites and applications.  You also waive all moral rights you have in the content to the fullest extent permitted by law.  We reserve the right to remove content where we have grounds for suspecting the violation of these terms of the rights of any party.

Reporting Intellectual Property Infringement: Do not post content that infringes the rights of third parties.  This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for trade).  We can remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights.  If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, please contact us immediately via Customer Support. Only the intellectual property rights owner can report potentially infringing items. 

Third Party services on Populace Threads: 

You may use the PayPal and Stripe payment gateways for Vendor Account financial transactions on our Services.  When you link your PayPal and / or Stripe account to your Account, you can use these to Trade on the Populace Threads platform. You acknowledge and agree that by utilising any third party services through our Services (such as PayPal and Stripe), you are bound by the terms and conditions of that third party and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services:    

  • If you link your PayPal and / or Stripe account to your Account you appoint Populace Threads as your limited agent to:
    • Provide to these third party organisations your name, address, payment amount, item details, item category, and all other information required by them to enable them to process payments to or from your third party accounts; and
    • Receive payment confirmation and decline notices from these organisations in respect of your transactions.  
  • When you link your PayPal and / or Stripe account to your Account, we accept our appointment as your limited agent to undertake those activities specified in the paragraph above.  Our appointment as your agent to undertake these activities terminates immediately upon your Account ceasing to be linked to your PayPal and / or Stripe account.  
  • If you have a dispute with PayPal and / or Stripe, or another Populace Threads subscribed Account holder and / or Community Member, that does not arise directly as a result of an error by Populace Threads, in respect of any payment transacted (or failed to be transacted) on your PayPal and / or Stripe account you release us and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.  
  • Populace Threads is not able to access your complete financial details from PayPal and / or Stripe or your PayPal and / or Stripe account. PayPal’s and / or Stripe’s terms and conditions apply to your use when you access PayPal’s and / or Stripe’s services from our Services, and you must agree to PayPal’s and / or Stripe’s terms and conditions in order to use the PayPal and / or Stripe services.  You acknowledge and agree that, to the extent permitted by law, we are not liable to you for any loss or damage you incur arising from your use of the PayPal and / or Stripe method, unless such loss or damage was as a direct result of Populace Thread’s error, in which case our liability is limited in accordance with the Limitation of Liability clause outlined below. 

Legal and Financial Advice: 

You acknowledge and agree that you have the opportunity to obtain independent legal and financial advice from appropriately qualified professional advisers and that you take into account your personal objectives, financial situation and needs before you Trade via our Services. 

You acknowledge and agree that the information provided by Populace Threads in relation to using PayPal’s and / or Stripe’s services is factual in nature only and Populace Threads has not provided a recommendation or statement of opinion intended to influence your decisions on whether or not to use PayPal’s and / or Stripe’s services and that you cannot rely on any of Populace Threads’ advertising material, terms, instructions or policies as a recommendation, statement of opinion or financial product advice.  

Limitation of Liability:

Nothing in these Terms of Use (including this clause) excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such right or statutory guarantees under the Australian Consumer Law.  To the extent that these Terms of Use are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency.  

Services are provided “as is” and “as available”.  You agree not to hold us responsible for things other users post or do. As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered.  We also cannot guarantee continuous or secure access to our Services.  While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Services or that the Services will be uninterrupted or error free.  Notification functionality in the Services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation delays or latency due to your physical location or your wireless data service providers network.  To the extent permitted by law, we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation and transgression constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.  

Populace Threads excludes any liability to you for any loss or damage suffered by you as a result of Populace Threads failing to comply with an applicable statutory guarantee under the Australian Consumer Law if you suffering such loss or damage was not reasonably foreseeable and was not directly caused by Populace Threads.  

Indemnification: 

You will indemnify and hold harmless Populace Threads and our affiliates and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation.  We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. But doing so will not excuse your indemnity obligations.  

Release: 

If you have a dispute with one of more Populace Threads users, you release us (and our officer, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) in every kind and nature known or unknown, arising out of or in any way connected with such disputes.  

Personal Information:

By using the Services, you agree to the collection, transfer, storage and use of your personal information by us (the “data controller”) on our servers.

Severability:  

If a provision of these Terms of Use is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of the jurisdiction without affecting the enforceability of the other provisions of these Terms of Use.  

General: 

These Terms of Use and the other policies posted on the Services set out the entire agreement between Populace threads and you. Overriding any prior agreement, from 1 July 2019, this agreement is governed by the laws of Queensland, Australia.  We both submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.  If we don’t enforce any particular provision, we are not waiving our right to do so later.  If a court strikes down any of these Terms of Use, the remaining terms will survive.  We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). 

We will send notices to you via the email address you provide, through site communication updates, or by registered mail.  Notices sent by registered mail will be deemed received five (5) days following the date of mailing.  We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days whichever is sooner.  No other amendment to this agreement will be effective unless made in writing, signed by you and by us.