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'),
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
(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
3. The Services
(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.
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.
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
(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.
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
9. Copyright and Intellectual Property
(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.
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
To read the remaining Terms of Use for the SECOND FIT application please download
the PDF file below.
Terms of Use
Privacy Policy
1. We respect your privacy
(a) SECOND FIT Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and software application users. We adhere to the National Privacy Principles established by the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
(b) "Personal information" is information we hold which is identifiable as being about you.
2. Collection of personal information
(a) SECOND FIT Pty Ltd will, from time to time, receive and store personal information you enter onto our software application SECOND FIT, provide to us directly or give to us in other forms.
(b) You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
(c) Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
(a) SECOND FIT Pty Ltd collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our software application and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
(b) The Application may make third party social media features available to its users. We cannot ensure the security of any information you choose to make public in a social media (a) (b) (c) (d) (e) (f) 5. (a) (b) 6. feature. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. SECOND FIT Pty Ltd may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
5. Disclosure of your personal information
(a) We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
(b) We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
(c) We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of SECOND FIT Pty Ltd, its application, website and customers or third parties.
(d) Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
(e) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
(f) By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.
6. Security of your personal information
(a) SECOND FIT Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure
(b) The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
7. Access to your personal information
(a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988(Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at hello@secondfit.com.au
(b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
8. Complaints about privacy
(a) If you have any complaints about our privacy practices, please feel free to send in details of your complaints to: hello@secondfit.com.au We take complaints very seriously and will respond shortly after receiving notice of your complaint.
9. 0p out right
(a) You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at hello@secondfit.com.au
(b) To request the deletion of your account and personal data, please contact support@secondfit.com.au. Once your account is deleted, you will receive an email confirming the deletion. All personal data will be removed from our active database after 7 days. If you wish to reactivate your account within this 7-day period, please contact us at support.
10. Changes to Privacy Policy
(a) Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.
11. Software Application
(a) When you use our Application When you come to our application we may collect certain information such as mobile unique device ID, the IP address of your mobile device, mobile operating system, the type of mobile internet browsers you use, and information about the way you use the Application. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
(b) Cookies: We may from time to time use cookies on our software application. Cookies are very small files which a website uses to identify you when you come back to the application and to store details about your use of the application. Cookies are not malicious programs that access or damage your computer, tablet or smartphone. Most devices automatically accept cookies but you can choose to reject cookies by changing your devise settings. However, this may prevent you from taking full advantage of our application.
(c) Automatic collection: The software Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.
(d) Third parties: Our software application may from time to time have links to other applications or websites not owned or controlled by us. These links are meant for your convenience only. Links to third party applications and websites do not constitute sponsorship or endorsement or approval of these third parties. Please be aware that SECOND FIT Pty Ltd is not responsible for the privacy practises of other such applications or websites. We encourage our users to be aware, when they leave our application or website, to read the privacy statements of each and every application or website that collects personal identifiable information.
(e) Geo-location: When you visit the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant advertisements. We will not share your current location with other users or partners.