1. About the Application
 
​(a) Welcome to SECOND FIT (SF). The SF Application facilitates interactions between:
(1) SEONCD FIT Buyer (the 'Receiver'); and  
(2) SECOND FIT Seller (the 'Provider'),
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making it easier for the Receiver and the Provider to locate, communicate, arrange payment  and deliver the services in a fast and secure manner (the 'Services').
(b) The Application is operated by SECOND FIT PTY. LTD. (ABN 21 351 883 958). Access to and use of the Application, or any of its associated Products or Services, is provided by SECOND FIT. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.
(c) SECOND FIT reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SECOND FIT updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
 
2. Acceptance of the Terms
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(​a) You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by SECOND FIT in the user interface
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3. The Services
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(a) In order to access the Services, both the Receiver and the Provider are required to register for an account through the Application (the 'Account').
(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including: Email address Preferred username Mailing address Telephone number Password First and Last name
1. Email address
2. Preferred username
3. Mailing address
4. Telephone number
5. Password
First and Last name
(c) You warrant that any information you give to SECOND FIT in the course of completing the registration process will always be accurate, correct and up to date.
(d) Once you have completed the registration process, you will be a registered member of the Application ('Member') and agree to be bound by the Terms.
(e) You may not use the Services and may not accept the Terms if:
1. You are not of legal age to form a binding contract with SECOND FIT ; or
2. You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
3. SECOND FIT does not knowingly collect or solicit any information from anyone under the legal age without parental consent. In the event that we learn that we have collected personal information from an underage member without parental consent. SECOND FIT will delete that information as quickly as possible.
4. You may connect to our Service with third-party services approved by us (e.g., Facebook, Instagram) and in such circumstances, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in token for that service as set out in our Privacy Policy. Your obligations as a Member.
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4. As a Member, you agree to comply with the following:
 
1. you will not share your profile with any other person;
2. you will use the Services only for purposes that are permitted by:
(A) the Terms; and any applicable law,
(B) regulation or generally accepted practices or guidelines in the relevant jurisdiction
3. you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify SECOND FIT of any unauthorised use of your password or email address or any breach of security of which you have become aware;
5. you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
6. any content that you broadcast, publish, upload, transmit, post or distribute on the Application ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
7. you agree not to harass, impersonate, stalk, threaten another Member of the Application (where interaction with other Members is made available to you)
8. access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of providing the Services;
9. you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of SECOND FIT ;
10. you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
11. you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by SECOND FIT for any illegal or unauthorised use of the Application; and
12. you acknowledge and agree that any automated use of the Application or its Services is prohibited.
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5. Using the Application as the Receiver
 
(a) The SECOND FIT platform allows you to buy items easily. The receiver ''buyer'' must provide SECOND FIT with the details within (Section 4) for postage of listings so when online purchases are made the provider can send the item to their correct location and receive payment. The Receiver must connect their active stripe account to their SECOND FIT profile with the correct details within (Section 4) for items to be posted (sent) via Australi Post or other postage services.
 
6. Using the Application as the Provider
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(a) The SECOND FIT platform allows you to sell items (listings) easily. The provider ''seller'' of items must give SECOND FIT the details provided in (section 4) for postage of listings when online purchases are made. The Provider ''seller'' must also connect their active stripe account to their SECOND FIT profile with the correct details provided to receive payment for listings.
(b) As a Provider of listing (items) of sale on the SECOND FIT application. you acknowledge after selling a listing online you may have to update the item tracking number provided by the postage provider. Failure to do so will result in your account being deactivated from the SECOND FIT application with a possible ban on your account (profile)
(c) Providers understand when selling listings (items) online you are responsible for the shipping costs of that item. SECOND FITS shipping provide is Australia Post please look over SECOND FITS shipping guide and tips available via our application and on our website at: www.secondfit.com.au/faq
 
7. Payment
 
(a) By SECOND FIT offering the Services to you, you agree that:
(1) SECOND FIT as the provider of the platform (application) where items (listings) are posted for sale, SECOND FIT will take a commission of each sale of 10% when greater than $25 AU for each sale conducted online. E.g., if the listing (item) is advertised for $100 AU and sold online. SECOND FIT will receive a commission of $10 AU which will be deducted from the STRIPE transaction SECOND FITS payment partner. 
(2) All payments made in the course of your use of the Services are made using STRIPE. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the STRIPE terms and conditions which are available on their Application.
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8. Refund Policy
 
(a) Since SECOND FIT is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, SECOND FIT does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.
(b) Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then SECOND FIT requires the Receiver to:
(1) contact the Provider directly to request a refund; and
(2) if contacting the Provider is not successful after fourteen (14) days, contact SECOND FIT through the 'Contact Us' section of the Application outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services.
(c) If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately:
(1) complete the SECOND FIT refund request form (the 'Request Form') provided on the Application;
(2) and provide both the Request Form and the email from the Receiver requesting the refund to SECOND FIT.
(d) If the Provider agrees to a refund it is acknowledged that the Provider will instruct SECOND FIT to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by SECOND FIT in processing the refund.
(e) Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms
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9. Copyright and Intellectual Property
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(a)The Application, the Services and all of the related products of SECOND FIT are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by SECOND FIT or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by SECOND FIT , who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(1) use the Application pursuant to the Terms;
(2) copy and store the Application and the material contained in the Application in your device's cache memory; and
(3) print pages from the Application for your own personal and non-commercial use.
SECOND FIT does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by SECOND FIT. 
(c) SECOND FIT retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
(1) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
 (2) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process) to you.
(d) You may not, without the prior written permission of SECOND FIT and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
(e) Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Application, then you grant to SECOND FIT a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
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Privacy
 
SECOND FIT takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to SECOND FIT's Privacy Policy, which is available on the Application and at secondfit.com.au/privacy-policy 
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To read the remaining Terms of Use for the SECOND FIT application please download
the PDF file below.