Key points:

The High Street Runway App is available to use in Australia and New Zealand.
We’re based in Australia, if using in another country you’re bound by those laws.
To use the App you have to provide certain information which we may share in the case of dispute like a late return or damage.
Don’t share your username or password with anyone.
If you’d like to transfer your account please let us know.
We can deactivate your account if you breach or terms and conditions or if you are not active on your account for six months.
You must complete our verification process to transact through the App.
The owner sets the price and any other costs like shipping, cleaning and late fees.
If the item is not as described please contact the owner within four hours to discuss.
The customer is responsible for returning the item on time in good condition. If not they will be charged:
- late fees set by the owner
- if damaged during the rental the customer is liable to pay for the repair, extra cleaning or if not a possible replacement
- if it’s later than 14 days it will be considered a non-return and replacement value will be automatically charged.
Once you lodge the item with Australia Post they are responsible for delivery.
If the item is not returned or paid for, HSR will provide all details of the transaction including the customer's phone number and ID verification to the owner so the theft can be reported to the Police.
If we have to refer to a third-party collection agency, the customer will be charged these fees on top of the debt.
We use PayPal as our payment gateway and all transactions are taken off the App for processing.
We charge a 10% service fee to completed transactions.
Be clear and concise when listing items on the App. All photos can be used by us for promotion and we use social media links on each listing.

All of these are underlined and marked with an * at the end of the relevant section.

Legals

Last revised in May 2020.

This page tells you the terms on which you may use the High Street Runway app (HSR App), whether as a guest or a registered Member.

Please read these terms and conditions carefully before you start to use the HSR App. These terms and conditions form a legally binding contract between you and High Street Runway Pty Ltd (“us”/ "we”). Your use of the HSR App means that you accept these terms and conditions including our Acceptable Use Policy, and agree to comply with them. If you do not agree to these terms and conditions, you must not open the HSR App and should delete it from your phone or tablet.

1. About the HSR App

The HSR App provides a platform to facilitate peer-to-peer sales and rentals of clothing, shoes, accessories and other fashion items at a price and for rentals, for a rental period, agreed between the owner and a buyer or hirer (each a “Customer”).
We are the owner and authorised distributer of the HSR App. We do not provide a retail, rental or exchange service for clothing or other fashion items (Relevant Items). We do not monitor the Relevant Items listed for sale or hire through the HSR App and we do not set or recommend pricing or rental periods. We provide the HSR App, the HSR website, messaging service platform and payment processing platform to facilitate the sale and/or rental of fashion items by our members (collectively the “Service"). We may charge a service fee for the Service. See clause 11 for details.
The HSR App is available for download in Australia and New Zealand from the Apple iTunes store and Google Market to compatible devices, subject to these terms and conditions.

* The App is available in Australia and New Zealand

2. Indemnity by you

You agree to indemnify us and hold us harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of: (a) your use of the HSR App or the Service; or (b) your breach of these terms and conditions.
Where you open a Shop Account (see clause 8.7), you agree to indemnify and hold us harmless from any claim or demand (including legal fees) made or incurred by any third party arising from a breach of these terms and conditions by the owner(s) of Relevant Items that you advertise, sell or rent through your Shop Account.

3. Eligibility and restricted use

To download and install the HSR App, and open an account with us, you must be 18 years of age or over. If you are under 18 years, your parent or guardian will need to open an account and all transactions must be made through your parent/guardian’s account.
You acknowledge sole responsibility for and assume all risk arising from your use of the HSR App.
You must ensure that your access to the HSR App and the Service is not illegal or prohibited by laws which apply to youYou must at all times comply with the Acceptable Use Policy, which is incorporated into these terms and conditions, when accessing and using the HSR App.

* If accessing the App outside of Australia you are responsible to comply with the laws of that country/ jurisdiction.

4. IMPORTANT – YOUR PERSONAL INFORMATION AND SAFETY
Please carefully read the information on the High Street Runway website about protecting your personal safety when arranging and collecting Relevant Items and sharing your personal information with other users of the HSR App.

You acknowledge that you provide your personal information to any other Member or user of the HSR App, whether through postings to the HSR App or through our messaging service, at your own risk.
We strongly recommend that you never provide another user with your home address and that physical exchanges of sale or rental items take place in a safe public place.

5. Amendments to terms and conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification through the HSR App. Your continued use of the HSR App following such notification will represent agreement by you to be bound by these terms and conditions, as amended.

6. Availability and functionality

We use reasonable efforts to ensure that the HSR App is available 24 hours a day, 7 days a week. However, there will be occasions when access to the HSR App (including payment processing) may be interrupted for maintenance, upgrades and repairs by us or our third-party providers, or for reasons beyond our control. We make no warranty, representation or guarantee that your access to the HSR App, or our other Services, will be uninterrupted, timely or error-free. We are not liable if, for any reason, the HSR App or the Service is unavailable for any time.
We may change or update the functionality of the HSR App, without notice to you. To continue using the HSR App, you may need to download and install the new version. By doing so, you agree to these terms and conditions (as amended).
We may suspend or discontinue the HSR App or the Service, at any time at our discretion. You agree that we are not liable to you for any modification, suspension or discontinuance of the HSR App.
We may impose restrictions on the manner of usage of any part of the HSR App at any time for any reason. If we impose such restrictions on you personally, you must not attempt to use the HSR App under any other name or user or on any other mobile device.
You are responsible for obtaining access to the HSR App and any third party fees (such as Internet service provider charges) that you incur.

* To use the App you have to provide certain information which we may share in the case of dispute like a late return or damage.

7. Security

You must take your own precautions to ensure that the process you use to access the HSR App does not expose you to the risk of viruses, malicious code or other forms or interference which may damage your mobile device or computer system, or risk your data or personal security.
Whilst we seek to protect information transmitted through the HSR App, no data transmission over the internet can be guaranteed as secure. Any information which you transmit to us or any Member is transmitted at your own risk. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to, loss or alteration of your transmissions or data or information contained on your mobile device or on the HSR App.
We do not accept responsibility or liability of any kind for any interference, loss or damage you may suffer as a result of you accessing or using the HSR App, the Service or any linked website, including any damage to your device or loss of your data.
As part of our member account opening process, we will require you to verify you are who you say you are. We will ask you for a photo of your Identification Card which will be face matched with a photograph taken on your phone. Whilst we have implemented reasonable security measures to secure such information from unauthorised access, use or disclosure, we cannot guarantee that unauthorised third parties will never be able to access or use your information for improper purposes and we accept no responsibility or liability in relation thereto.

* You must complete our verification process to transact through the App.

8. Member Accounts

Opening an account
Shop accounts
1. Members may apply to set up a shop within the HSR App (Shop Account). A Shop Account is an Account for a Member who: (a) is a retail store or clothing and accessories label; or (b) wants to use the HSR App to list, sell and/or rent Relevant Items of behalf of other Members or persons.
2. By applying for a Shop Account, you represent and warrant to us that you are authorised by the relevant retail store, label or other owner of the Relevant Items, to enter into an agreement with us on these terms and conditions. Where you are not the owner of the Relevant Items, you represent and warrant to us that you are expressly authorised by the owner of the Relevant Items to advertise, photograph, sell and/or rent the Relevant Items through the HSR App on these terms and conditions.
3. It is your responsibility to ensure that the owner(s) of the Relevant Items you make available through your Shop Account comply with these terms and conditions and you indemnify us for any loss or damage arising from their breach of these terms and conditions.
4. Additional terms and conditions may apply to your Shop Account, depending on the type of Shop Account. We will communicate such terms and conditions to you via email. We may require you to verify your authority to enter into this agreement with us or require you to enter into a separate agreement with us.
5. We may accept or reject your application to open a Shop Account at our sole discretion.
Your Account obligations
1. If your account application is successful, we will email you with your user name and password for log-on to the HSR App. You can change your password at any time in the settings of the HSR App. You must keep your password safe and must not provide it to any other person.
2. You may control your Member profile and how you interact with the HSR App and other Members by changing the options in the settings of the HSR App. All communication between Members must be via the inbuilt messaging feature of the HSR App. We may retain a record of the transaction history and (if retained) you authorise us to review and disclose to third parties, in the event of a dispute or your breach of these terms and conditions.
3. You are solely responsible for the activity that occurs on your Account. We will not be liable for any loss or damage caused by any unauthorised use of your Account. You must notify us of any unauthorised use of your Account or security breach.
4. You may not use another Member's Account, permit anyone else to use your Account, or assign or otherwise transfer your Account to any other person or entity unless you contact us directly.
  
  *If you’d like to transfer your account please let us know.
Our rights to suspend or close your Account
1. We may suspend or limit access to your Account or the Service, and limit access to the funds we hold for you, to the extent and for so long as reasonably necessary to protect us against the risk of liability if you are in breach of these terms and conditions.
2. Accounts that have been inactive for six months will be automatically deactivated. They can be reactivated via request to HSR.
3. We may at our sole discretion permanently block or close your Account if you are in material breach of these terms and conditions.
  
  * We can deactivate your account if you breach or terms and conditions or if you are not active on your account for six months.

9. Customer Agreements

Any Member (Owner) may list one or more items of clothing for sale and/or rent through the HSR App (Listing), provided that the Listing complies with the Acceptable Use Policy and these terms and conditions.
Where a Member (Customer) wishes to buy or rent an item listed by an Owner, the Customer must message the Owner through the messaging service made available through the HSR App.
The Owner and the Customer are solely responsible for agreeing to the terms on which the item(s) will be sold or rented by the Owner to the Customer, including:
1. for rentals, price, length of rental period and time, replacement value and location for delivery and exchange of the item, together with any additional charges for cleaning, shipping, repairs, late returns or the replacement value (once agreed, the “Customer Agreement”).
2. for sales, price, location for delivery and exchange of the item together with any additional charges for shipping

10. Sale or Rental Price
By applying for an Account, you agree to all the fees and charges, any terms of sale or rental (as the case may be), payment and billing policies as set out in these terms and conditions and in any Customer Agreement made between an Owner and a Customer.

Setting a Sale or Rental Price
1. An Owner may charge a Customer shipping fees in addition to the Sale or Rental Price, and cleaning, repair or late fees in addition to the Rental Price. The amount of these additional fees is as set by the Owner at the time of agreeing to the Customer Agreement. We do not set or moderate the amount of the Sale or Rental Price or any additional fees charged by the Owner.
2. The Sale or Rental Price must be an amount in Australian or New Zealand dollars. Items cannot be listed as free of charge.
3. Each Owner is responsible for setting the proposed cost of the sale or hire of the Relevant Item (Sale Price or Rental Price, as applicable). This amount is then agreed between the Owner and the Customer and must include the applicable Service Fee (see below). The Sale or Rental Price must not include any shipping, cleaning or repair fees (see below).
  
  * The owner sets the price and any other costs like shipping, cleaning and late fees.
Payments
1. All payments of the Sale or Rental Price and our Service Fee (see below) will be processed using PayPal. Your use of PayPal will be governed by the applicable PayPal terms and conditions, as modified by PayPal from time to time. We do not operate PayPal or accept any responsibility for your use of the PayPal service.
2. PayPal may place a hold on funds held in the HSR PayPal account or take other protective actions, at its sole discretion, in the event there is a level of risk associated with a transaction, such as fraud, or otherwise in accordance with its user agreement. This may delay a release to you of the balance of any Sale or Rental Price. We will work with PayPal to resolve any such delay as soon as reasonably practicable. You agree that, where such a delay affects your Account, we will not be required to release the balance of any Sale or Rental Price to you unless or until the issue has been resolved with PayPal.
3. To enable us to provide the payment processing services through PayPal, you agree to provide us with accurate and complete contact information (name, address and email) and banking details (bank account number and BSB) when opening your Account and to update this information, as required. You authorise us to share this information with PayPal, and for HSR and PayPal to share transaction information related to your use of the payment processing services provided by PayPal and the HSR App, in order to process payment and receipt of the Sale or Rental Price and Service Fees.
4. In the case of rentals, we will hold the Rental Price and additional fees until the end of the Rental Period agreed between the Owner and the Customer (this is period of time starting on the day the Relevant Item is delivered to the Customer and ends on the day it is returned to the Owner as agreed under the Customer Agreement). At the end of the Rental Period, we will deduct our Service Fee (see below) and transfer the balance of the Rental Price, and any additional fees paid by the Customer, to the Owner.
5. In the case of sales, we will hold the Sale Price and any additional fees until the Relevant Item is delivered to the Customer as agreed under the Sale Agreement. Upon receiving notice of delivery from the Owner, we will deduct our Service Fee (see below) and transfer the balance of the Sale Price and any additional fees paid by the Customer, to the Owner.
6. The Customer is required to pay the Sale or Rental Price and any agreed additional fees into the HSR PayPal account prior to the collection of the Relevant Items.
  
  * We use PayPal as our payment gateway and all transactions are taken off the App for processing.

10. Our Service Fee

In return for providing the Service to Owners, we may charge the Owner a service fee for each sale or rental arranged through the HSR App (Service Fee).
Our Service Fee for both sales and rentals is currently 10%. All Service Fees and any other charges for your use of the HSR App and the Service are non-refundable.
Our Service Fees are subject to change. We may add new services and additional fees and charges at any time, at our sole discretion.

* We charge a 10% service fee to completed transactions.

11. Listings, reviews and other User Content

Whenever you upload photos of Relevant Items, post a Listing, review, feedback, comments, questions or other material to the HSR App, or make use of the HSR App to make contact with other Members (User Content), you must comply with the content standards set out in our Acceptable Use Policy. You warrant that your contributions will comply with the Acceptable Use Policy.
Any User Content that you upload to the HSR App will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such User Content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the HSR App constitutes a violation of their rights, including their intellectual property rights. For example, when placing a booking members will have access to each others addresses and in the event of a dispute HSR will provide relevant mobile numbers. This information is only to be used to complete the transaction.
We will not be responsible, or liable to any third party, for the content or accuracy of any of your User Content, or materials posted by any other Member or user of the HSR App.
Whilst we do not actively monitor reviews or other User Content, we reserve the right to remove any User Content for any reason at any time and without notice.
It is forbidden to list counterfeit items or items not owned by you unless stated in the item description.
We also retain the right to remove or suspend Listings for any reason, including a violation or suspected violation of these terms and conditions.

* Be clear and concise when listing items on the App. All photos can be used by us for promotion and we use social media links on each listing.

12. General Rental and Sale Terms

HSR provides the following general rental and sale terms when transacting on the HSR App. To be valid, all communication between the Owner and Customer must be made through the messaging service.
In the case of a rental, the Customer is responsible for returning the item(s) on time and in the same in the same condition he or she received the item(s) in. If returned late or not in the same condition you received it you agree that you will be charged fees at the discretion of the owner.
If the item is not returned by the due date, the Owner is entitled to charge late fees until returned. If the item is not returned within 14 days after the return date HSR will consider this as a non return and the Customer will be charged the replacement value for the item.
If the item is lost, stolen or damaged beyond repair the Customer will be liable for the replacement value listed for this item. In determining the replacement value of an item the owner should take into account the condition of the item, the demand for this item in the current market, the availability to re-purchase this item in the current market and any rental fees or late fees the Customer has already paid.
In the event the lender pays the full replacement value for an item the item shall then be deemed the property of the lender.
If any outstanding amounts owed to HSR are not paid when due, then HSR will initiate a third party collection agency as nominated at HSRs discretion.You agree to pay HSRs costs of collection ( including but not limited to internal administration fees, legal costs, collection agency costs, and bank fees)
Upon receiving an item the Customer shall inspect the item and contact the renter via the app chat function within four hours of receiving item to discuss any discrepancy in quality, damage or sizing.
As an Owner you agree that when lending items it is at your own risk and that HSR are unable to guarantee successful recovery in monetary form, or the return of items lended. In the rare instance of late returner rentals we are unable to provide any compensation.
At no time does risk or title in Relevant Items pass to us.

* The customer is responsible for returning the item on time in good condition. If not they will be charged:

late fees set by the owner
If damaged during the rental the customer is liable to pay for repair or if not possible replacement.
if it’s later than 14 days it will be considered a non-return and replacement value will be automatically charged
If the item is not as described please contact the owner within four hours to discuss.

13. Our Intellectual Property Rights

All intellectual property rights relating to the HSR App are owned or licensed by us. You acquire no rights or licences in or to the HSR App, other than a limited right to use the HSR App in accordance with these terms and conditions. We reserve all rights not expressly granted under these terms and conditions.
Subject to your compliance with these terms and conditions, we grant you a personal, non-transferable, non-sub-licensable, non-exclusive and revocable licence to download, install and use the HSR App on your personal mobile device, solely for use by you in accordance with these terms and conditions.
You must not do anything with the HSR App that is not expressly authorised in these terms and conditions, including without limitation, you must not copy, reproduce, distribute, modify, adapt, sell, reverse engineer, decompile, disassemble or otherwise exploit any content, code, data or materials on the HSR App. You must not remove any copyright notices from the HSR App, or any other copyright protection measures.
You must also not commercialise any information, images, goods or services obtained from any part of this website, without our prior written permission.
“High Street Runway” is our trade-mark. We do not grant you any right to use our trade mark in connection with your activities, goods or services.

14. Links to third-party websites

We may provide links within the HSR App that will take you to third-party website or social media platforms. These links are provided for your convenience only. We do not control these other sites and we do not endorse or accept responsibility for the content or accuracy of the information or other material on these sites.
If you decide to access a linked site, you do so at your own risk. You agree that we are not liable for any loss or damage that you may suffer by using another site.

15. Ownership and sharing of your data

We own all data and information transmitted through the HSR App, including data and information exchanged between Members using the messaging service within the HSR App (HSR Data). HSR Data may include the amount of Sales and Rental Prices, location of a Member (where the Member has activated geo-location within the settings of the HSR App) and the personal information of Members. We will use reasonable care to keep the HSR Data secure, but we do not warrant and cannot guarantee that the HSR Data will not be accessed by unauthorised third parties.
You agree that we may exchange HSR Data or information about you with our third-party service providers, including our payment processing provider (PayPal) and any advertisers on the HSR App. Further information about how we share HSR Data is available on our website.

16. Independence from app platforms

The HSR App is independent from any platform on which it is located. The HSR App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including without limitation, Apple, Google or Android (each being an “Operator”). You acknowledge and agree that these terms and conditions are concluded between us only, and not between you and an Operator or any of its subsidiaries. We, and not the Operator, are solely responsible for the HSR App and its content (but excluding Member Content and Customer Agreements), to the extent specified in these terms and conditions.
You acknowledge and agree that the relevant Operator, and that Operators subsidiaries, are third-party beneficiaries to these terms and conditions and may have rights to enforce these terms and conditions against you.
You must comply with all laws applicable to your use of the HSR App and the applicable Operator terms and conditions of use.

17. Electronic communications

We may send you administrative or service announcements, and promotional or other commercial messages from us, our third party service providers or our partners. You agree to us sending you such messages through the HSR App, via email or SMS. You may opt-out of some of these messages in the settings of the HSR App. You can also opt-out of push notifications by changing the settings for your Account in the HSR App.

18. Exclusion of warranties

We do not offer clothing sales, rental or exchange services. We provide the HSR App and the Service on an “as is” basis for the purpose of enabling Members to connect and enter into Customer Agreements with other Members. We are not a party to any Customer Agreement nor do we act as an agent or have any agency arrangement with any Member.
We do not check, verify or monitor any information provided by Owners through the HSR App, including the condition of any items in Listings. We do not warrant the accuracy, currency, adequacy or completeness of such information, nor do we undertake to keep this HSR App updated.
We do not take responsibility for loss or damage suffered as a result of reliance by a Customer upon the accuracy or currency of information provided by Owners in a Listing or in any messages through the HSR App. We do not give you any assurances that Relevant Items will be suitable for your purposes or that it will be in the condition stated by the Owner.
We are not responsible for any delivery delays or for unattended good(s) resulting due to any un-secure shipping addresses or drop off locations that you provide.
Other than checking users meet our Account opening requirements, we do not check the suitability of Customers. We do not take responsibility for loss or damage suffered by an Owner, including but not limited to as a result of the rental of a Relevant Item by a renter. We do not give you any assurances that a Customer will maintain the condition of a rented item, or return a rented item at the end of the agreed rental period.
You agree that you will not rely on any information obtained through the HSR App and that any reliance you make will as a result of your own independent assessments prior to entering into a Customer Agreement with any other Member.
Subject to clause 19 below, we do not provide any warranty about the accuracy of any information posted by Members, and in particular we have no responsibility for and cannot warrant that the description of Relevant Items in any Listing is accurate or truthful.
We are not responsible for any sales tax and or income tax reporting in connection with the good(s) you offer for rent or sale on this platform.

19. Liability and disclaimer

Australian Consumer Law may imply certain consumer protection terms into these terms and conditions. In respect of such implied conditions, warranties or guarantees which we cannot lawfully exclude with respect to the supply of the:\
HSR App, to the extent permitted by law, our liability is limited, at our option, to the replacement, repair or resupply of the HSR App, or a refund of the purchase price (if any) of the HSR App to you.
Services, to the extent permitted by law, our liability is limited, at our option, to the replacement, repair or resupply of the Service, or a refund of the Service Fees (if any) to you.
Subject to clause 19.1, to the maximum extent permitted by law, we shall not be liable to you or any other person for any loss (including direct, indirect, special and consequential loss) or damage you suffer or incur, whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise, arising out of or in connection with these terms and conditions, including your use of the HSR App, the Service, any User Content, or any other content, information, products or services available on or from the HSR App
Subject to any liability that may arise under clause 19.1, we shall not be liable to you or any other person for a breach of these terms and conditions or a Customer Agreement by another Member or for the acts or omissions of other Members. To the maximum extent permitted by law, we exclude all liability for any loss (including direct, indirect, special and consequential loss) or damage you suffer or incur, whether arising under contract, tort (including negligence), equity, statute or any other cause of action arising out of or in connection with any Customer Agreement or other arrangement that you enter into using or that is otherwise facilitated by the HSR App.

20. Disputes and release

Members are solely responsible for all their interactions, including any Customer Agreement, with other Members.
We reserve the right, but have no obligation, to monitor disputes between Owners and Customers. You will provide us and our agents with all reasonable assistance (at your cost) to investigate and resolve such dispute, should we request it.
In the event of a successful rental or sale on both HSR and another platform simultaneously, priority shall be given to the lender/buyer who rented/purchased the item via HSR.
If you have a dispute with one or more Members, to the fullest extent permitted by law, you irrevocably release and discharge us (and our directors, officers, employees and agents) from all claims, demands, loss and damages of every kind and nature that arise out of or in connection with such dispute.

* If the item is not returned or paid for, HSR will provide all details of the transaction including the customer's phone number and ID verification to the owner so the theft can be reported to the Police.

21. Termination of access

We may at any time (without prejudice to our other rights or remedies) immediately terminate your Account and your license to use the HSR App, without notice to you, if you fail to comply with these terms and conditions.
You can deactivate your Account at any time in the settings of the HSR App.

22. Governing law
These terms and conditions are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland.

23. General

No assignment. You may not transfer or assign any rights or obligations you have under these terms and conditions without our prior written consent. You cannot transfer your Account to a third party.
No waiver. If we waive any rights available to us though these terms and conditions on one occasion, this does not mean that those rights are automatically waived on any other occasion.
Severance.If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, such part will be struck out and the remaining terms and conditions shall remain in full force and effect.
You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country and that you are not listed on any US Government list of prohibited or restricted parties.
If there is any inconsistency between these terms and conditions and the Acceptable Use Policy, these terms and conditions shall prevail to the extent of such inconsistency.

If you have any queries or complaints regarding the HSR App, you should contact us at hello@highstreetrunway.com

Updated May 2020

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