Terms of Service

Terms of Service

Last updated: January 2024

1. YOUR AGREEMENT

This page tells you the terms on which you may use the Air Closet app (Air Closet App), whether as a guest or a registered Member.

Please read these terms and conditions carefully before you start to use the Air Closet App. These terms and conditions form a legally binding contract between you and Air Closet Pty Ltd (“us”/ “we”). Your use of the Air Closet 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 Air Closet App and should delete it from your phone or tablet.

1. About the Air Closet App

1. The Air Closet 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 closet owner and a buyer or hirer (each a “Customer”).

2. We are the closet owner and authorised distributor of the Air Closet 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 AIR CLOSET App and we do not set or recommend pricing or rental periods. We provide the AIR CLOSET App, the AIR CLOSET 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.

3. The AIR CLOSET 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

1. 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 AIR CLOSET App or the Service; or (b) your breach of these terms and conditions.

2. Where you open a My Closet 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 closet owner(s) of Relevant Items that you advertise, sell or rent through your My Closet Account.

3. Eligibility and restricted use

1. To download and install the AIR CLOSET 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.

2. You acknowledge sole responsibility for and assume all risk arising from your use of the AIR CLOSET App.

3. You must ensure that your access to the AIR CLOSET App and the Service is not illegal or prohibited by laws which apply to you. You must at all times comply with the Acceptable Use Policy, which is incorporated into these terms and conditions, when accessing and using the AIR CLOSET App.
   * If accessing the App outside of Australia you are responsible to comply with the laws of that country/ jurisdiction however, we do not provide rental services outside of Australia.

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

1. You acknowledge that you provide your personal information to any other Member or user of the AIR CLOSET App, whether through postings to the AIR CLOSET App or through our messaging service, at your own risk.

2. We strongly recommend that you never provide another user with your phone number or home address unless it is for pick up and drop off services via the AIR CLOSET app and that physical exchanges of sale or rental items take place in a safe public place.

5. Amendments to terms and conditions

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

6. Availability and functionality

1. We use reasonable efforts to ensure that the AIR CLOSET App is available 24 hours a day, 7 days a week. However, there will be occasions when access to the AIR CLOSET 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 AIR CLOSET App, or our other Services, will be uninterrupted, timely or error-free.  We are not liable if, for any reason, the AIR CLOSET App or the Service is unavailable for any time.

2. We may change or update the functionality of the AIR CLOSET App, without notice to you. To continue using the AIR CLOSET App, you may need to download and install the new version.  By doing so, you agree to these terms and conditions (as amended).

3. We may suspend or discontinue the AIR CLOSET 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 AIR CLOSET App.

4. We may impose restrictions on the manner of usage of any part of the AIR CLOSET App at any time for any reason.  If we impose such restrictions on you personally, you must not attempt to use the AIR CLOSET App under any other name or user or on any other mobile device.

5. You are responsible for obtaining access to the AIR CLOSET 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 will be shared with the other user once a booking has been paid for which can also be used in the case of a dispute like a late return or damage/loss/stolen.

7. Security

1. You must take your own precautions to ensure that the process you use to access the AIR CLOSET 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.

2. Whilst we seek to protect information transmitted through the AIR CLOSET 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 AIR CLOSET App.

3. 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 AIR CLOSET App, the Service or any linked website, including any damage to your device or loss of your data.

4. 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

1. Opening an account 

   1. We reserve the right to remove your username for your account if it is inappropriate.

   2. We may accept or reject your Account application at our sole discretion.

   3. If you are aged between 13 and 18, you cannot open an Account, but your parent or guardian can do so. You will be asked to forward these terms and conditions to your parents during the account opening process.

   4. An Account can only be created if you are aged 18 years or over and provide the necessary documentation to verify your identity. If we cannot verify your identity, you will not be able to open an account with us.

   5. In order to list, sell or rent Relevant Items on the AIR CLOSET App, or contact closet owners of Relevant Items, you will need to become a registered member (Member) and establish a member account (Account). These terms and conditions apply to the opening and use of all Accounts.

2. My Closet Accounts

   1. Members may apply to set up a shop within the AIR CLOSET App (My Closet Account).  A My Closet Account is an Account for a Member who: (a) is a retail store or clothing and accessories label; or (b) wants to use the AIR CLOSET App to list, sell and/or rent Relevant Items of behalf of other Members or persons.

   2. By applying for a My Closet Account, you represent and warrant to us that you are authorised by the relevant retail store, label or other closet owner of the Relevant Items, to enter into an agreement with us on these terms and conditions. Where you are not the closet owner of the Relevant Items, you represent and warrant to us that you are expressly authorised by the closet owner of the Relevant Items to advertise, photograph, sell and/or rent the Relevant Items through the AIR CLOSET App on these terms and conditions.

   3. It is your responsibility to ensure that the closet owner(s) of the Relevant Items you make available through your My Closet 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 My Closet Account, depending on the type of My Closet 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 My Closet Account at our sole discretion.

3. Your Account obligations

   1. ​Once you sign up and register for an account, we will email you with your user name and password for log-in to the AIR CLOSET App.  You can change your password at any time in the settings of the AIR CLOSET 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 AIR CLOSET App and other Members by changing the options in the settings of the AIR CLOSET App.  All communication between Members must be via the inbuilt messaging feature of the AIR CLOSET 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.

4. 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 AIR CLOSET via the email support@airclosets.com.au.

   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

1. Any Member (Closet owner) may list one or more items of clothing for sale and/or rent through the AIR CLOSET App (Listing), provided that the Listing complies with the Acceptable Use Policy and these terms and conditions.

2. Where a Member (Customer) wishes to buy or rent an item listed by a Closet owner, the Customer must message the Closet owner through the messaging service made available through the AIR CLOSET App.

3. The Closet owner and the Customer are solely responsible for agreeing to the terms on which the item(s) will be sold or rented by the Closet 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, pick up/drop off 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 Closet owner and a Customer.

1. Setting a Sale or Rental Price 

   1. A Closet 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 Closet 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 Closet 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 Closet 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 Closet owner and the Customer and must include the applicable Service Fee (see below). The Sale or Rental Price must not include any shipping, damage cleaning or repair fees (see below).
      * The closet owner sets the price and any other costs like shipping, cleaning and we set the late fees as $10 penalty per day.

2. Payments

   1. All payments of the Sale or Rental Price and our Service Fee (see below) will be processed using our “payment gateways” Stripe and Apple Pay/Wallet or Android Pay/Wallet. Your use of Stripe or Apple Pay/Wallet or Android Pay/Wallet will be governed by their applicable terms and conditions, as modified by them from time to time. We do not operate Stripe or Apple Pay/Wallet or Android Pay/Wallet or accept any responsibility for your use of these services.

   2. Stripe and Apple Pay/Wallet or Android Pay/Wallet may place a hold on funds held in the AIR CLOSET Stripe and Apple Pay/Wallet or Android Pay/Wallet accounts 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 our payment gateways 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 Stripe or Apple Pay/Wallet or Android Pay/Wallet.

   3. To enable us to provide the payment processing services through Stripe and Apple Pay/Wallet or Android Pay/Wallet, 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 to update this information, as required. You authorise us to share this information with Stripe and Apple Pay/Wallet or Android Pay/Wallet, and for AIR CLOSET, Apple Pay/Wallet or Android Pay/Wallet and Stripe to share transaction information related to your use of the payment processing services provided by Stripe and Apple Pay/Wallet or Android Pay/Wallet and the AIR CLOSET App, in order to process payment and receipt of the Sale or Rental Price and Service Fees.

   4.  You also authorize AIR CLOSET  to charge your credit card in the event of damage caused to or non-return of an Item. If you are directed to AIR CLOSETs third-party payment processor, you may be subject to terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services.

   5. In the case of rentals, we will hold the Rental Price and additional fees until the end of the Rental Period agreed between the Closet 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 Closet 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 Closet owner.

   6. 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 Closet 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 Closet owner.

   7. The Customer is required to pay the Sale or Rental Price and any agreed additional fees into the AIR CLOSET Apple Pay/Wallet or Android Pay/Wallet account prior to the collection of the Relevant Items.
      * We use Apple Pay/Wallet or Android Pay/Wallet as our payment gateway and all transactions are taken off the App for processing.

10. Our Service Fee

1. In return for providing the Service to Closet owners, we may charge the Closet owner a service fee for each sale or rental arranged through the AIR CLOSET App (Service Fee).

2. Our Service Fee for both sales and rentals is currently 10%.  All Service Fees and any other charges for your use of the AIR CLOSET App and the Service are non-refundable.

3. 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.

4. As a Premium and Business Premium (subscription) member, you are able to: List more items a month, receive higher closet protection against loss, stolen or damage, unlimited searches to closets and withdrawal higher amounts than a basic member. 

5. We charge Premium members $9.99 a month and Business Premium members $19.99 a month and you will be automatically billed every 30 days for your chosen plan from the initial date that upgraded.  

6. Because your account renews every 30 days, there is no limit on the amount of time you are able to keep your items for. You authorize Air Closet to automatically bill any and all cards on file for the membership fee and/or any other charges Air Closet deems necessary.

7. Air Closet monthly subscription fees are non-refundable.

8. You may cancel your Air Closet membership at any time by clicking on the Air Closet tab in the My Account menu. From there, you can click “pause/cancel membership”. Additionally, all pausing must be done before your billing date. Pauses cannot be honored for previous billing dates and refunds cannot be issued for previous billing cycles.

9. Air Closet reserves the right to alter or change any and all aspects of the site or subscription at any time, including the subscription fee. 

10. Air Closet is not required to issue a refund for any accounts that are terminated or suspended.

11. If you have multiple cards stored in your account, Air Closet reserves the right to charge each card, starting with your default payment method, for purchased items or a monthly membership renewal.  

11. Listings, reviews and other User Content

1. Whenever you upload photos of Relevant Items, post a Listing, review, feedback, comments, questions or other material to the AIR CLOSET App, or make use of the AIR CLOSET 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.

2. Any User Content that you upload to the AIR CLOSET 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 AIR CLOSET 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 AIR CLOSET will provide relevant mobile numbers. This information is only to be used to complete the transaction.

3. 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 AIR CLOSET App.

4. 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.

5. It is forbidden to list counterfeit items or items not owned by you unless stated in the item description.

6. 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

1. AIR CLOSET provides the following general rental and sale terms when transacting on the AIR CLOSET App. To be valid, all communication between the Closet owner and Customer must be made through the messaging service.

2. 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 late fees at the discretion of us and the closet owner.

3. If the item is not returned by the due date, we are entitled to charge $ 10 per day late fees until returned. If the item is not returned within 14 days after the return date AIR CLOSET will consider this as a non return and the Customer will be charged the replacement value for the item and will not fall under the Closet Protection.

4. If the item is lost, stolen or damaged beyond repair the Customer will be liable for the replacement value listed for this item (minus the closet protection). In determining the replacement value of an item the closet 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.

5. In the event the lender pays the full replacement value for an item the item shall then be deemed the property of the lender.

6. If any outstanding amounts owed to AIR CLOSET are not paid when due, then AIR CLOSET will initiate a third party collection agency as nominated at AIR CLOSETS discretion. You agree to pay AIR CLOSETs costs of collection ( including but not limited to internal administration fees, legal costs, collection agency costs, and bank fees). The funds required to cover such charges will be taken from your bank account under direct debit consent.

7. 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.

8. As a Closet owner you agree that when lending items it is at your own risk and that AIR CLOSET 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 outside of your Closet Protection.

9. 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: 

$10 per day late fee set by us and the closet owner

• If damaged during the rental the customer is liable to pay for repair or if not possible replacement (minus the closet protection).

• if it’s later than 14 days it will be considered a non-return and replacement value will be automatically charged (minus the closet protection).

• If the item is not as described please contact the closet owner within four hours to discuss.

13. Our Intellectual Property Rights

1. All intellectual property rights relating to the AIR CLOSET App are owned or licensed by us. You acquire no rights or licences in or to the AIR CLOSET App, other than a limited right to use the AIR CLOSET App in accordance with these terms and conditions. We reserve all rights not expressly granted under these terms and conditions.

2. 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 AIR CLOSET App on your personal mobile device, solely for use by you in accordance with these terms and conditions.

3. You must not do anything with the AIR CLOSET 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 AIR CLOSET App. You must not remove any copyright notices from the AIR CLOSET App, or any other copyright protection measures.

4. You must also not commercialise any information, images, goods or services obtained from any part of this website, without our prior written permission.

5. “Air Closet” 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

1. We may provide links within the AIR CLOSET 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.

2. 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. Closet ownership and sharing of your data

1. We own all data and information transmitted through the AIR CLOSET App, including data and information exchanged between Members using the messaging service within the AIR CLOSET App (AIR CLOSET Data). AIR CLOSET 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 AIR CLOSET App) and the personal information of Members. We will use reasonable care to keep the AIR CLOSET Data secure, but we do not warrant and cannot guarantee that the AIR CLOSET Data will not be accessed by unauthorised third parties.

2. You agree that we may exchange AIR CLOSET Data or information about you with our third-party service providers, including our payment processing provider (Apple Pay/Wallet or Android Pay/Wallet) and any advertisers on the AIR CLOSET App. Further information about how we share AIR CLOSET Data is available on our website.

16. Independence from app platforms

1. The AIR CLOSET App is independent from any platform on which it is located. The AIR CLOSET 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 AIR CLOSET App and its content (but excluding Member Content and Customer Agreements), to the extent specified in these terms and conditions.

2. 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.

3. You must comply with all laws applicable to your use of the AIR CLOSET 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 AIR CLOSET App, via email or SMS. You may opt-out of some of these messages in the settings of the AIR CLOSET App. You can also opt-out of push notifications by changing the settings for your Account in the AIR CLOSET App.

18. Exclusion of warranties

1. We do not offer clothing sales, rental or exchange services. We provide the AIR CLOSET 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.

2. We do not check, verify or monitor any information provided by Closet owners through the AIR CLOSET 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 AIR CLOSET App updated.

3. 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 Closet owners in a Listing or in any messages through the AIR CLOSET 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 Closet owner.

4. 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.

5. 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 Closet 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.

6. You agree that you will not rely on any information obtained through the AIR CLOSET 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.

7. 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.

8. 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

1. 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:\

2. AIR CLOSET App, to the extent permitted by law, our liability is limited, at our option, to the replacement, repair or resupply of the AIR CLOSET App, or a refund of the purchase price (if any) of the AIR CLOSET App to you.

3. 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.

4. 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 AIR CLOSET App, the Service, any User Content, or any other content, information, products or services available on or from the AIR CLOSET App

5. 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 AIR CLOSET App.

20. Disputes and release

1. Members are solely responsible for all their interactions, including any Customer Agreement, with other Members.

2. We reserve the right, but have no obligation, to monitor disputes between Closet 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.

3. In the event of a successful rental or sale on both AIR CLOSET and another platform simultaneously, priority shall be given to the lender/buyer who rented/purchased the item via AIR CLOSET.

4. 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, AIR CLOSET will provide all details of the transaction including the customer’s phone number and ID verification to the closet owner so the theft can be reported to the Police.

21. Termination of access

1. We may at any time (without prejudice to our other rights or remedies) immediately terminate your Account and your license to use the AIR CLOSET App, without notice to you, if you fail to comply with these terms and conditions.

2. You can deactivate your Account at any time in the settings of the AIR CLOSET App.

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

23. General

1. ​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.

2. 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.

3. 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.

4. 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.

5. 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.

24. Closet Protection

1. All Membership accounts includes Closet Protection against damage, loss, or theft: Basic closet account up to $500, Premium closet account up to $2,000 and Business Premium closet account up to $5,000. 

2. Closet Protection is available in Australia, for closet owners who ship using Australia Post Shipping label, Fedex and DHL. Your booking will be eligible for Closet Protection if the following criteria apply to your item. Note, ALL must apply:

• The item was listed via the Air Closet app using the Reserve button. 

• The item was sent with a Australia Post, DHL or Fedex Shipping label within 5 days from the transaction date.

• The item has been lost or damaged in transit (this includes where a return has been arranged and the item is lost or damaged upon return.) 

• The item was sent to the customers address shown in your shipping receipt (you won’t be eligible if you send it elsewhere, either by accident or at the request of the renter).

3. The below limits apply to Closet Protection for closet owners and include the item price, as well as shipping fees and applicable taxes: Basic closet account up to $500, Premium closet account up to $2,000 and Business Premium closet account up to $5,000. 

4. To claim the Closet Protection, you must respond to all Air Closet communications within the given time frame, including providing any additional information requested by the Support team. 

5. If ANY of the following apply, you won’t be eligible for Closet Protection: Bookings made outside of the Air Closet app e.g. direct money transfers such as PayPal or bank transfers, Items sent using any other method than a shipping label purchased through Australia Post, Fedex or DHL, meeting in person to hand over an item, if any of the eligibility criteria set out above are not met.

6. Closet Protection for customers include the following: if your item doesn’t arrive, arrives damaged, or is significantly not as described, you’ll get a full refund if you report the issue to us within 24 days of the start date of booking. 

7. You don’t need to pay extra to be eligible. Your full purchase price (including shipping and any applicable taxes/duties) is protected automatically if you qualify for Closet Protection.

8. For customers, your booking will be eligible for Closet Protection if the following criteria apply to your item. Note, ALL must apply:

• Items must be purchased in the Air Closet app - you won’t be eligible if you pay via a direct money transfer outside of the website, including Paypal or a bank transfer. You also won’t be eligible if you agree to meet your closet owner in person to transact.

• We can’t guarantee a refund if the tracked shipping shows as delivered to your address, so make sure you check with neighbours if you can’t find your item. If you’re having issues with missing parcels, we recommend taking necessary steps for home security. 

• If your claim is for a damaged or not as described item, you must return the item throughout the claim process; we can’t guarantee any refunds for items that haven't been returned to the closet owner.

9. Closet Protection is not an insurance policy, a warranty, nor a guarantee. Air Closet has sole discretion to decide whether a transaction is granted protection under Closet Protection and we reserve the right to change, suspend, or discontinue the programme at any time, for any reason, and we will not be liable to you for the effect that any changes to the programme may have on you. You have no legal claim under the programme. In the event Air Closet does not refund the renter, this will not affect the renter's right to make claims against your profile. Your legal rights remain intact.

10. Closet owners can refund a renter at any time through contacting support or via the website.

25. Damages & reimbursement

1. If an item is damaged or lost in transit by Australia Post during the rental process, the Lender is entitled to reimbursement based on the age of the item and proof of proper handling. Reimbursement rates are as follows:
   • Item is 0-1 year old: 100% of the RRP

   • Item is 1-2 years old: 80% of the RRP

   • Item is 2-3 years old: 60% of the RRP

   • Item is 3-4 years old: 40% of the RRP

   • Item is 5+ years old: 10% of the RRP

To qualify for reimbursement, the Lender must provide the following:

• Proof of purchase (not a bank statement)

• Dry cleaning receipt

• Proof of lodgement with Australia Post

• Photos of the item prior to shipment, clearly showing its condition

• Return tracking information from the Renter (if items is lost after rental)

• Condition report upon return, detailing any damages or excessive wear

• Proof of additional insurance coverage if purchased

If you have any queries or complaints regarding the AIR CLOSET App, you should contact us at support@airclosets.com.au