Outdress Pty Ltd ABN 88 617 868 247
The Company provides the Outdress classified mobile application for renting suits, formal wear and accessories from other users. All use of Outdress is subject to these Terms of Service.
The following terms are used regularly throughout these Terms of Service and have a particular meaning:
a) ABN means Australian Business Number.
b) Account means a registered User account within Outdress.
c) Agreement means these Terms of Service.
d) Borrower means a User that users Outdress as a Borrower, and primarily for the purpose of renting an Item from a Lender.
e) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Brisbane, Australia.
f) Company means Outdress Pty Ltd ABN 88 617 868 247.
g) Outdress means the mobile application accessible from:
i. Web. From the URL www.outdress.com.au (or any other domain used by the Company from time-to-time).
ii. Mobile. From Apple’s AppStore, GooglePlay and any other native or web-based mobile applications made available from time-to-time; and/or
h) Fee means any fee payable by a User for access to, or use of Outdress.
i) GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
j) Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
k) Intellectual Property Rights means, for the duration of the rights in any part of the world, any Moral Rights, industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property, applications for the registration of any Intellectual Property and any improvements, enhancements or modifications to any Intellectual Property registrations.
l) Item means an item available to be rented in a Listing, including without limitation any item of clothing, suit, formalwear or accessory.
m) Lender means a User that makes an Item available to be rented via a Listing.
n) Listing means the listing within Outdress for an Item available to be rented from a User.
o) Personal Information has the same meaning as in the Privacy Act 1988 (Cth).
p) Privacy Act means the Privacy Act 1988 (Cth).
r) Rental means an order to rent an Item via Outdress.
s) Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
t) Third Party means any person that is not a User.
u) User means any person that uses or accesses Outdress, whether registered or not, and includes a Lender or Borrower where implied by context.
v) User Content means images, information, documents or other data that is uploaded or input into Outdress by the User or that forms part of the User’s Intellectual Property.
w) Website means the Company’s website at www.outdress.com.au.
2. USING OUTDRESS
a) To use the full features of Outdress, the User must login and have set up their account.
b) The User agrees that all use of Outdress is subject to these Terms of Service.
c) The User must provide current, accurate and complete information about themselves in the Profile section, including name, suburb, phone number and social media accounts. The User must ensure this information is always kept up to date.
d) The Company does not warrant that any Item is available for rental on Outdress.
e) When a User rents an Item from another User, that forms an independent agreement between the relevant Users on the terms of this Agreement, and subject to any additional terms agreed between the Borrower and the Lender.
f) Each User acknowledges that a User rents each Item independently, and that the Company does not rent Items directly to Users on its own behalf.
g) To the extent permitted by law, the Company accepts no liability for the accuracy of any information made available using Outdress, including within a Listing. Any reliance on the Information available through Outdress is at the User’s own risk.
h) Any dispute that may arise between Users must be dealt with strictly between those Users and not involve the Company in any way. Under no circumstance will the Company perform a dispute resolution role for a dispute between Users.
i) The Company may restrict access to Outdress to certain jurisdictions where it is able to offer Outdress.
j) Outdress can only be used by people under the age of 18 with their parent or legal guardian’s consent
a) Outdress may allow a Lender to:
i. Create a Listing for an Item that the User owns as a Lender;
ii. Communicate with Borrowers to arrange a Rental;
iii. Accept or Decline seven (7) day booking requests using the calendar feature;
iv. Rate the Borrower out of five (5) stars at the end of the rental; or
v. Such other features as the Company may allow from time-to-time.
b) Outdress may allow a Borrower to:
i. Browse the Listings of Items;
ii. View suggested Listings based on location of the Item;
iii. Communicate with Lenders to arrange a Rental;
iv. Rate the Lender out of five (5) stars at the end of the rental; or
v. Such other features as the Company may allow from time-to-time.
a) The Lender is responsible for each Listing that it creates, including (but not limited to):
i. The accuracy of the information about the Item;
ii. The replacement value of the Item;
iii. The Location of the Item;
iv. The size, quality and condition of each Item offered.
b) The Lender may only create a Listing for an Item this is a suit, formalwear, costume or related accessories. The Company may decline approval to publish, or remove a Listing that the Company determines is for an Item that does not comply with this clause, or any other policy that it has with regard to the types of Items that may be listed via Outdress. Alternatively, if requested, the Lender can post the item to the Borrower using a parcel featuring a tracking number. It is recommended the Lender encloses a pre-paid return satchel with their name and address written on it.
c) Outdress relies on Items being available for Borrowers to pick up locally. All Listings must accurately describe the location of an Item, to at least the suburb level.
d) The Company reserves the right to approve each Listing before it is published via Outdress. The Company is under no obligation to approve or publish a Listing via Outdress.
e) The Company may remove any Listing that breaches this Agreement, or any other standards or policies described within Outdress.
2.4 Renting an Item
a) The Lender must either, accept or decline the Borrower’s booking request within 1 day (24 hours) from when the request is made.
b) The Lender is responsible until the Borrower takes possession of the Item.
c) Once a Borrower makes a rental request, the Lender may not request a higher price for the item.
d) The Borrower shall be responsible for each Item it rents once they have taken possession, until it is returned to the Lender.
e) The Borrower must return the Item in the same condition as when they took possession of the Item, and must clean the Item prior to return (unless agreed otherwise with the Lender).
f) The Borrower shall follow any cleaning instructions of the Lender, or if the Lender does not provide cleaning instructions, the Borrower shall follow the cleaning instructions described on the Item.
g) The Borrower shall bear all cleaning, repair or replacement costs resulting from the Borrower’s rental of the Item, including dry-cleaning.
h) The Company recommends the Lender obtain appropriate insurance for each Item subject to a Listing. The Lender should ensure they review and understand the insurance policy, its coverage, and any restrictions or limitation, which may apply.
i) If the Lender takes a bond from the Borrower as security during the rental transaction and the item is returned in the same or better condition, the full amount must be refunded to the Borrower. If the item is not returned in the same condition or better condition, the bond may be used to repair or replace the item.
2.5 User Content
The User understands and agrees that:
a) User Content is the sole responsibility of the person that provided the User Content to Outdress.
b) The User must not infringe any third-party Intellectual Property Rights by sharing User Content on Outdress.
c) To the extent permitted by law, under no circumstances will the Company be liable in any way for User Content.
d) The User may be exposed to User Content that may offensive, indecent or objectionable.
e) User Content that is offensive, indecent or objectionable must not be shared via Outdress. The Company may remove User Content that the Company determines is offensive, indecent or objectionable in its sole discretion. The Company may also remove any User Content that otherwise breaches this Agreement.
The User acknowledges and accepts that:
a) The Company accepts no responsibility for the conduct of any User of Outdress.
b) The Company accepts no responsibility for any interaction between Users, whether that interaction occurs via Outdress or not (including a personal meeting when picking up an Item).
c) The Company makes no warranty or representation as to the accuracy of any information provided by any User.
d) The Company makes no warranty as to the character or credentials of any User.
2.7 Lodging a Complaint.
a) If a User believes that another user’s behaviour is threatening, discriminatory, or deliberately offensive, the User may lodge a complaint to the Company via email at email@example.com.
b) The Company may suspend or delete the account of any User that Outdress determines conducts itself inappropriately.
c) The Company will advise the User of a suspended or deleted account of the decision to do so, but is under no obligation to identify a complainant.
d) The Company’s decision whether or not to suspend or remove a User account is at its absolute discretion. The Company’s decision shall be final and not subject to review.
3. TERMS OF RENTAL
3.1 Arranging a Rental
a) A Borrower may contact a Lender to enquire about renting an Item subject to a Listing.
b) The Lender and Borrower may then negotiate the terms of any rental of the Item in accordance with the Listing, including with regard to:
i. Price for the Rental;
ii. Payment terms;
iii. Time when the Item shall be picked-up and returned;
iv. Pick up and return location;
v. Cleaning instructions;
vi. Bond arrangements;
vii. Any other terms governing the Rental.
c) The Borrower shall pay the Lender for the Rental in accordance with the Lender’s instructions, or as otherwise agreed between the Lender and Borrower.
d) The Company does not handle payments between Users for Rentals.
e) In the event of a conflict between this Agreement and a Listing or agreement between the Borrower and Lender, the terms of this Agreement shall prevail.
f) The Lender acknowledges that they lend each Item at their own risk and the Company shall not be liable for any damage to or loss of an Item resulting from a Rental.
g) The Borrower acknowledges that they are solely responsible for the care and safe return of Item they borrow subject to a Rental from the moment they take possession of the Item, until it is returned to the Lender.
h) The Company recommends that the Borrower pick up all Items subject to a Rental personally from the Lender. The Company shall not be responsible for any arrangement for picking-up or returning and Item, including any shipping or postage.
FEES, PAYMENTS & REFUNDS
a) While the Company may generally provide Outdress free of charge, the Company reserves the right to introduce new Fees from time-to-time.
b) Each Fee applies in accordance with such features and/or services subscribed for by the User in accordance with the pricing described on the Website, within Outdress or as otherwise agreed with the Company.
c) The User agrees to make payment in advance for all Fees due at such frequency, or on such dates as the User has subscribed for.
d) All payments shall be made via the online payment gateway within Outdress, or in such other manner as the Company may direct from time-to-time. The User agrees that it has no right to use the Features of Outdress subject to a Fee if it fails to make payments when due.
e) The Company reserves the right to introduce or change any Fees from time-to-time by giving the User no less than 14 days’ written notice. Any new or changed Fees will apply at the next billing period after the User has been given such notice.
f) If a User does not accept a change to any Fees, then it can simply terminate its Account.
All Fees are quoted in Australian dollars.
For Users in Australia, GST is applicable to any Fees charged by the Company to the User. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Company will provide the User with a Tax Invoice for any payments.
No refunds of Fees are offered other than as required by law.
4.5. Late Payment.
a) If the User does not pay the full Fees as required, the Company may suspend the User’s Listing.
b) The User agrees that the Company shall not be responsible or liable in any way for interruptions to the availability of a Listing or loss of User Content in the event of (a).
4.6 No Warranty
a) The Company makes no warranty or representation as to the quality, safety or fitness for purpose of any Item.
b) The Company takes no responsibility for any harm or loss suffered by a User as a result of using, or inability to use any Item. If a customer suffers loss or harm as a result of any Item rented from another user via Outdress, the User agrees that:
i. The User shall have no recourse against the Company; and
ii. The relevant Lender remains responsible for any such loss or harm.
4.7 Dispute Resolution. In addition to the dispute resolution provisions contained in clause 5.12:
a) Any dispute that arises in relation to an Item must be resolved between the Borrower and the relevant Lender in accordance with the terms of agreement between the User and the Lender (including any Listing and correspondence between the Borrower and Lender), and in accordance with Australian Consumer Law (if applicable).
b) The Company reserves the right to suspend a User’s access and/or account if the Company receives a complaint about the User. The following may warrant suspension or removal (without limitation):
i. Provide unwearable items to Borrowers;
ii. Use threatening and abusing language;
iii. Borrower refuses to return item; and
iv. Lender refuse to return bond to a Borrower when they are entitled to be refunded.
c) The Company may reinstate a suspended account at its sole discretion.
5. GENERAL CONDITIONS
a) By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable licence to access and use Outdress for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.
b) The Company may issue the licence to the User on the further terms or limitations as it sees fit.
c) The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit with or without notice, including for breach of the terms and conditions in this Agreement by the User.
5.2 Modification of Terms
a) The terms of this Agreement may be updated by the Company from time-to-time.
b) Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using Outdress. Should they not accept the new terms, the User can simply stop using Outdress.
a) The User agrees and accepts that Outdress is:
i. Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the servers operated by the Company and is not available ‘locally’ from the User’s systems; and
ii. Managed and supported exclusively by the Company from the servers operated by the Company and that no ‘back-end’ access to Outdress is available to the User unless expressly agreed in writing.
b) As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter Outdress.
a) The Company provides user support for Outdress via the email address firstname.lastname@example.org.
b) The Company shall endeavour to respond to all support requests within 1 Business Days.
5.5 Use & Availability
a) The User agrees that it shall only use Outdress for legal purposes and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
b) The User is solely responsible for the security of its username and password for access to Outdress and all use under their Outdress account. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its Outdress account.
c) The User agrees to ensure that all information uploaded on Outdress is appropriate, accurate, true and current at all times. The Company shall have the right to edit or remove any information uploaded to Outdress in its absolute discretion.
d) The User agrees that the Company shall provide access to Outdress to the best of its abilities, however:
i. Access to Outdress may be prevented by issues outside of its control; and
ii. It accepts no responsibility for ongoing access to Outdress.
a) Security. The Company takes the security of Outdress and the privacy of its Users very seriously. The User agrees that they shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
b) Transmission. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.
c) Storage. Data that is stored by the Company shall be stored according to accepted industry standards.
d) Backup. The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific User Data from any period of time unless so stated in writing by the Company.
5.8 Intellectual Property
a) Trademarks. The Company has moral & registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
b) Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of Outdress.
c) The Outdress Application. The User agrees and accepts that Outdress is the Intellectual Property of the Company and the User further warrants that by using Outdress the User will not:
i. Copy, reproduce, distribute, licence or sell Outdress or the services that it provides for the User’s own commercial purposes; and
ii. Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in Outdress or any documentation associated with it.
d) Content. Notwithstanding User Content, all content submitted to the Company, whether via Outdress or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to Outdress.
5.9 Disclaimer of Third Party Services & Information
a) The User acknowledges that Outdress Is dependent on third-party services, including but not limited to:
i. Banks, credit card providers and merchant gateway providers (such as Stripe);
ii. Telecommunications services;
iii. Hosting services;
iv. Social media services;
v. Email services; and
vi. Analytics services.
b) The User agrees that the Company shall not be responsible or liable in any way for:
i. Interruptions to the availability of Outdress due to third-party services; or
ii. Information contained on any linked third party website.
5.10 Liability & Indemnity
a) The User agrees that it uses Outdress at its own risk.
b) The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances, including (without limitation) any loss or damage to property, or personal injury caused by a User.
c) The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with Outdress, including any breach by the User of these Terms.
d) In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use Outdress, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, loss, or business interruption of any type, whether in tort, contract or otherwise.
e) Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
i. The re-supply of services or payment of the cost of re-supply of services; or
ii. The replacement or repair of goods or payment of the cost of replacement or repair.
a) Either party may terminate this Agreement by giving the other party written notice.
b) Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
c) Termination does not affect any of the rights accrued by a party prior to termination, and he rights and obligations under clauses 5.5, 5.6, 5.7, 5.8, 5.9, 5.10, 5.12, 5.13 and 5.14 survive termination of this Agreement.
5.12 Dispute Resolution
a) If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
i. Includes or is accompanied by full and detailed particulars of the Dispute; and
ii. Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
b) Within 10 Business Days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) parties must meet (virtually or otherwise) and seek to resolve the Dispute.
c) Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
d) Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
e) Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
5.13 Electronic Communication, Amendment & Assignment
a) The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
b) The User agrees that when it provides any consent, authority or agreement through Outdress it does so as an electronic transaction and warrants that such transaction shall be binding on the party.
c) The User agrees that any request for a consent, authority or agreement it sends to other Users through Outdress as an electronic transaction may be sent directly from its email address.
d) The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the User of a change of details from time-to-time.
e) The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
f) A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
g) Notices must be sent to the parties’ most recent known contact details.
h) The User may not assign or otherwise create an interest in this Agreement.
i) The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.
a) Special Conditions. The parties may agree to any special conditions to this Agreement in writing.
b) Prevalence. To the extent this Agreement is in conflict with, or inconsistent with, the terms of any other Agreement between the Company and the User, or any special conditions made under this Agreement, as relevant, the terms of those other agreements or special conditions shall prevail.
c) Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
d) Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
e) Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
f) Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
g) Governing Law. This Agreement is governed by the laws of Queensland, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
h) Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
i) Interpretation. The following rules apply unless the context requires otherwise:
i. Headings are only for convenience and do not affect interpretation.
ii. The singular includes the plural and the opposite also applies.
iii. If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
iv. A reference to a clause refers to clauses in this Agreement.
v. A reference to legislation is to that legislation as amended, reenacted or replaced, and includes any subordinate legislation issued under it.
vi. Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
vii. A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
viii. A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
ix. A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.