Terms of Use - Come and Get It

1. Agreement

The use of the website https://comeandgetit.com/(Website)and mobile device application (App) (together, the Platform) will be provided to you by Come and Get It Now Pty Ltd ACN 662 493 272 (us/ we)and is subject to:

(a) these terms of service as amended from time to time;

(b) the Privacy Policy;

By accessing and using the Platform you represent you are at least 18 years of age, you are located in Australia, and you are accepting of these Terms. If you do not accept these Terms you must immediately stop using the Platform and if applicable, delete all copies of the App, and related documentation which are in your possession or under your control.

2. Our role

We allow people (Listers) to list their goods for collection on the Platform by people willing to collect the goods (Collectors). The Platform is a venue for transactions between Listers and Collectors (Transactions), accordingly, any contract formed as a result of these Transactions is solely between the Lister and the Collector. We are not a party to these Transactions nor assume any responsibility whatsoever arising out of or in connection with these Transactions.

Therefore, you agree that if:

(a) you are a Collector, you are solely responsible for collecting the goods the subject of the Transactions; and

(b) if you are a Lister, you are solely responsible for making the goods the subject of the Transaction available to be collected and for dealing with any Collector claims or any other issues arising out of or in connection with the goods or the Transaction.

3. Account and Fees

There are no fees to be a Collector. To be a Lister on the Platform, you will need to successfully register an account with the Platform (Account)by:

(a) paying a fee according the Fee Scale (Listing Fee); and

(b) providing information about yourself including your name, address, email address, telephone number, payment details etc. (Account Information).

The Platform may also request that you connect to the Platform using 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 are accessing the Platform on an App, you may be required to, among other things, hold an account with the relevant app store platform (App Store) on which the App is available. You agree that access to the Platform on the App is subject to the terms and conditions of the App Store and that we are not liable for any issue with the Platform as a result of your failure to satisfy to the App Store terms and conditions.

You agree to provide true, accurate, current and complete Account Information and to maintain and promptly update your Account Information in order to ensure that it remains true, accurate, current and complete.

To the extent permitted by law, the Applicable Fees are final and non-refundable. If you fail to pay the Applicable Fee, we reserve the right to cancel your Account with no notice to you.

4. Third Party Payment

Our Platform allows Listers to use third-party payment services such as PayPal and Stripe (Payment Services) to pay a Listing Fee.

You agree that by using any Payment Services, you are bound by the terms and conditions of that Third Party Payment Service and we are not liable for any loss, claim or damage arising in connection with your use of that Payment Service. Accordingly, if you have a dispute with a Payment Service in relation to a Listing Fee, you release us from any and all claims in connection with such disputes.

5. Licence

Subject to these Terms, we grant you a revocable, non-transferable, non-exclusive and limited licence to access and use the Platform for your personal use only (Licence), and if you are accessing the Platform through an App, the Licence is only granted in respect of the Platform in a machine executable object code form.

You agree that:

(a) unless you have successfully registered an Account, the Licence does not include a right to list goods on the Platform; and

(b) we can terminate your Licence in accordance with Part 8 of these Terms.

Nothing in this Part 5 grants to you any licence to any intellectual property rights owned by or licensed to us in respect of the Platform, whether subsisting now or in the future.

6. Changes to the Platform

We will not modify, change or update the Platform at any time without providing:

(a) for modifications, changes or updates that significantly affect the functionality of the Platform, at least 28 days’ prior notice to you; and

(b) for all other modifications, changes or updates, at least 7days’prior notice to you.

If you do not agree to the modification, change or update to Platform, you may terminate your Account and/or Licence at any time.

However, you agree that your use of the Platform after the modification, change or update to the Platform constitutes acceptance of these Terms applying to the modified, changed or updated Platform.

7. Changes to the Terms

We will not change the Terms at any time without providing:

(a) for changes to the Terms that significantly impact how you use the Platform, at least 28 days’ prior notice to you; and

(b) for all other changes to the Platform, at least 7 days’ prior notice to you.

If you do not agree to the changed Terms by the date these Terms are changed, then your Licence and access to your Account will be immediately terminated.

8. Permitted Use and Restrictions

You must:
(a) use the Platform in accordance with these Terms, our Privacy Policy, our reasonable directions, our content requirements and all applicable laws;

(b) ensure that no data, information or other content posted, entered or uploaded onto the Platform is inappropriate or may cause offence, distress, menace or harassment (including profanities or indecent, obscene, racist, sexist, defamatory or other discriminatory content);

(c) if you are a Lister, take reasonable steps to only provide accurate Account Information, protect your Account Information from unauthorised use and take responsibility for any access to the Platform which results from the use of your account even if the access is by another person; and

(d) ensure that you comply with all App Store terms and conditions.

You must not:

(a) engaging in profanities, abuse, bullying or any other inappropriate behaviour towards any user of the Platform or in connection with the collection of goods;

(b) copy, reproduce, store, transmit, publish, modify, translate into any language, disassemble, reverse engineer, reverse assemble or otherwise create derivate works from any part of the Platform or its contents, except and only to the extent that such activity is expressly permitted by these Terms or applicable laws;

(c) access or use the Platform in a manner which would expose us to the risk of any claims or other legal or administrative actions (including any contravention of App Store terms and conditions);

(d) use the Platform to distribute any form of malicious, destructive or harmful code (including viruses, Trojan horses and worms) or any instructions activating such codes;

(e) use the Platform in a manner which interferes, or threatens to interfere, with the efficiency or security of the Platform (or the servers or networks connected to the Platform) or the provision of the Platform by us to another person; or

(f) use the Platform in a manner which infringes any other person’s intellectual property rights, privacy rights or confidential information.

9. Denial of Access and Termination

We reserve our right to investigate your use of the Platform by any reasonable means in order to determine if a violation of these Terms has occurred or to comply with applicable laws. If, in our reasonable opinion, you have failed to comply with any of these Terms or applicable laws you will be notified and your Licence will be immediately revoked and if you have an Account, your Account immediately terminated.

Once your Licence has been revoked or your Account terminated, if applicable, you must delete all copies of the App, and related documentation, which are in your possession or under your control.

We may also discontinue the Platform (including ceasing to provide administrative and technical support) in our sole discretion and at any time and we will notify you at least 28 days prior.

You may terminate your Licence at any time by ceasing to use the Platform, deleting your Account and if applicable, deleting all copies of the App, and related documentation, which are in your possession or under your control. Your Licence will be revoked upon termination.

10. Privacy and User Content

The Platform may contain information or material which is posted, entered or uploaded by you or other users including listings of goods for collection (User Content). You agree that, in respect of all User Content, we are a distributor only and we are not responsible for the accuracy or completeness of that information.

User Content and certain other information about you (including personal information as defined in the Privacy Act 1988 (Cth)) are subject to our Privacy Policy, as amended from time to time which constitutes part of the Terms.

If you post, enter or upload User Content:

(a) you grant us an irrevocable, non-exclusive and royalty-free worldwide licence to use, host and distribute the User Content;

(b) you agree that your User Content may be seen and used by other users of the Platform;

(d) you must only submit User Content which belongs to you or which you are permitted to submit by the owner of the content; and

(e) you warrant that you have all rights (including all intellectual property rights) in respect of the User Content to allow you to comply with these Terms.

We may at any time, with or without notice, filter, remove or refuse to publish User Content in our sole discretion and we are not obliged to give you a reason.

You agree that you are solely responsible for any information or User Content you post, enter or upload onto the Platform, or which is posted, entered or uploaded by another person using your Account Information.

11. Disclaimer

To the maximum extent permitted by law, we do not represent or warrant that the content on the Platform (including User Content) (together, the Platform Content) is accurate, reliable, suitable, or complete.

In particular:

(a) the Platform and all materials and information that we make available to you via the Platform, including any User Content, is provided to you on an “as is” basis; and

(b) the Platform Content is subject to change at any time without notice. However, we are not obliged to update the Platform Content or correct any inaccuracy of which we become aware within any time frame.

12. Liability and release

Subject to below, for all matters connected to:

(a) your use or inability to use the Platform;

(b) your interactions with other users of the Platform;

(d) injury to you or a third party as a result of your use of the Platform,

to the maximum extent permitted by law:

we exclude all warranties, rights, remedies and liability to you or a third party, whether arising under law (including rules of common law, principles of equity, statutes and regulations), tort (including negligence), breach of contract or otherwise;
you indemnify is against all claims, actions, proceedings or investigations of any nature or kind (including the allegation or threat of a claim),losses (whether direct, indirect or consequential), damages, liabilities, charges, expenses, outgoings or costs (including all legal and other professional costs on a full indemnity basis) of any nature or kind; and
you release us, our personnel and subcontractors from any loss (including legal costs and expenses) or liability you suffer arising out of, or in connection with, your use or inability to use the Platform or your interactions with other users of the Platform or with respect to the contents of the Platform or any part of the Platform (including User Content).

Specifically, you agree and acknowledge that the availability of the Platform on an App is subject to and contingent upon the App Store and your satisfaction of the App Store terms and conditions.

Notwithstanding the above, the Platform comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Platform, you are entitled:

(a) To cancel your contract with us; and

(b) To refund for the unused portion, or to compensate for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage in respect of your use of the Platform.

If the failure does not amount to a major failure you are entitled to have problems with the Platform rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

13. Additional terms

If you are accessing the Platform on the App Store of Apple Inc. (Apple), you acknowledge and agree that:

(a) this Agreement is concluded between you and us, and not Apple Inc. (Apple);

(b) we, and not Apple, are solely responsible for the App and its contents;

(c) the Licence granted to you is subject to Apple’s Usage Rules set out in the App Store Terms and Conditions which you may view on Apple’s website.

(d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;

(e) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the App;

(f) to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App;

(g) Apple is not responsible for any claims that you have arising out of your use of the App;

(h) Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third-party claims that the App, or your use and possession of the App, infringes that third party’s intellectual property rights;

(i) Apple and its subsidiaries are third party beneficiaries of this Agreement and, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary;

(j) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;and

(k) you are not listed on any U.S. Government list of prohibited or restricted parties.

14. General

These Terms are governed by and must be construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and all courts which have jurisdiction to hear appeals from those courts.

If any clause or part thereof of these Terms is found to be void, unenforceable or invalid, then it must be severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.

The termination of our agreement under these Terms will not affect the continuing rights and obligations of both you and us under any provision of these Terms which, by its nature, is to survive termination and/or that is required to give effect to such termination or its consequences.

These Terms represent the entire agreement between you and us concerning the subject matter of these Terms and they supersede any prior proposal, representation, or understanding between you and us.

If there is any inconsistency between these terms of service and any other terms, conditions, notices or disclaimers displayed on individual pages of the website (Other Terms), the other terms prevail over these terms of services to the extent of the inconsistency.

15. Support, feedback, complaints and disputes

If you need any technical assistance with the Platform, wish to provide feedback or make a complaint you can contact us by:

calling us on +61 419 462 817;
sending us an email at info@comeandgetit.com; or
completing an enquiry form at the “Contact” page of the Platform.

While we will endeavour to reply to you as soon as possible, you agree that we are not required to contact or follow up with you regarding any feedback, complaint or dispute in relation to the Platform.

Last updated 19 December 2022