Terms and Conditions
TERMS AND CONDITIONS
Within these terms and conditions “we, us, our” refers to HypeXchange hosted at www.hypexchange.com.au (“site”), providing an online sneaker marketplace for buying and selling new and used sneakers (“service”). Our site and service allows users who have created an account to list items at a buy now and bid price, with specifications detailing the condition and size of the item (“sellers”). Users can also buy items through specific search or browsing, and enter payment details, billing information and shipping information to complete the purchase (“buyers”).
“HypeXchange” refers to the business entity of HypeXchange, and all content that HypeXchange displays on the Site and other platforms associated with HypeXchange, as well as services including any content licensed from a third party, however excluding registered user content.
“Collective Content” means registered user content and HypeXchange content.
“Content” refers to any text, graphics, images, music, software, audio, video, information or other materials displayed on HypeXchange site or associated social media platforms.
“Registered User” is a person who successfully signs up for a HypeXchange account through the account registration process.
“Registered User Content” refers to all content that a registered user publishes, posts, uploads, submits or transmits to our site or services.
If different areas of the site have differing and conflicting Terms and Conditions to these, posted or asking you to agree with and accept additional terms and conditions, these Terms and Conditions take precedence with respect to your use and access to that area of the site, services or collective content.
By accessing or using the site or the services, or by posting any content, you acknowledge and agree to reading and understanding, as well as agreeing to be bound by our Terms and Conditions even if you have not registered an account on the site. If you do not agree to our Terms and Conditions then do not access or use our service or site.
Changes to Terms, Conditions and Policies
Continuing to access or use our site or service after modifications of these Terms and Conditions indicates you agree to be bound by the newly modified Terms and Conditions. If you do not agree with the modified terms please do not use our site or service. The version of Terms and Conditions posted on our site on the respective date you access or use the site is the Terms and Conditions applicable to your access and use of the services provided by our site on that date.
HypeXchange utilises a live marketplace for buyers and sellers of specific consumer products. The process and rules applicable to all buyers and sellers is available within these Terms and. Conditions, as well as the FAQ page, which is also updated when required. HypeXchange provides a service and platform for the sale transaction, however the actual purchase contract is directly between the buyer and seller. We also present and store data from previous purchases and sales, however we do not set or recommend prices for any items. HypeXchange is a platform offering a service to facilitate the sale on behalf of the buyer and seller involved in the transaction respectively. The prices of items on our site may be higher than retail price as sellers set the price. There is not a guarantee that any item will sell, and the responsibility of sale and its details are on the seller. HypeXchange reserve the right to investigate complaints and violations of our Terms and Conditions, and to the extent permitted by the relevant law take actions where appropriate. These actions may include suspension of user accounts, rejection of sales, withholding payments, limit account ability, removal of active listings and bids, and possession/disposal of rejected items if no payment of return shipping invoice or communication within established timeframe. Users are anonymous on our site, with no information sharing with other buyers or sellers, however we may share your information with law enforcement and other third parties if part of an investigation related to any alleged violation of law or these Terms and Conditions. We may also respond to all inquiries initiated by law enforcement or government agencies.
Our site and services are intended for people of age 16 years or older. Access and use, as well as user accounts under the age of 16 are prohibited. Parents or guardians must give permission, guidance and accompany anyone using or accessing our site under the age of 16. Not all services and functionalities of our site are accessible to international users outside of Australia.
Account Registration, Passwords and Security
In order to access and use certain features of the site and services, and to upload any Registered User Content you must first register to create an account to become a “Registered User”. To become a registered user and create an account you must enter personal details, as well as your email and create a password to register an account. To list items for sale (“Sell”) or purchase an item (“Buy” or “Bid”) you must create an account and have a valid payment method to enter into the third party payment gateway, as well as bank details for direct transfer in the event the Seller sells an item. You agree that you may be invoiced for amounts owed as described in these Terms and Conditions, as well as any other costs or losses incurred by us arising from your violation of the Terms and Conditions. When creating an HypeXchange account you agree to enter accurate personal information as per valid identification and not register under a false name, age or use an unauthorised payment method. You are personally responsible for ensuring the safety of your user accounts, including your password and restriction of access to your accounts by others. You accept and agree to be responsible for all use and access from your user account. If you become aware of any fraud or unauthorised access to your account, you agree to notify us promptly. You may be held liable for losses incurred by HypeXchange or associated entities due to unauthorised access to your account. You may not use any other account other than your own personal account matching your personal identity. Review our other policies which are part of the Terms and Conditions which govern your use on our platform using our services. We reserve the right to make changes to our site, policies, and the Terms at any time. HypeXchange is not liable for any loss or damage arising from failure to comply with these obligations. If you are under 16, you may use the Services only with involvement of a parent or guardian. HypeXchange reserves the right to suspend or terminate your account in the event that you breach any of these Terms and Conditions.
Our Site, Services and Collective Content are protected by copyright, trademarks and other laws of Australian Federal law. Unless otherwise stated in these Terms and Conditions, HypeXchange and its licensors exclusively own all right, title and interest in and to the Site, Services and Collective Content. All trademarks, service marks, logos, trade names, and other HypeXchange related content displayed on our Service or Collective Content are trademarks of HypeXchange. You agree to not remove, alter, any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content.
Based on your compliance with our Terms and Conditions, HypeXchange will grant you limited, non-exclusive, non-transferable license to access, view, and print any collective content for your personal and non-commercial purposes, without the right to sublicense. In conformance with these Terms and Conditions, you will not use, copy, adapt, modify or prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or otherwise exploit the Site, Services or Collective Content of HypeXchange, except as expressly permitted in these Terms and Conditions. License and rights are only expressly permitted, they are not granted to you by implied or otherwise under any intellectual property rights owned or controlled by HypeXchange or its licensors, except for the licenses and rights expressly granted in these Terms and Conditions.
Fees, Promotional Codes and Taxes.
The fees for our services are described in our FAQ’s as well as at the item listing and purchasing pages, which are updated at times. Unique codes may be disclosed with users for promotions and discounts for purchases on our site. These codes may be disclosed through emails to our registered and subscribed users, displayed on our site or promoted through advertisement and so on. Sellers are responsible and agree to collect, pay, report and remit any and all local, state, federal or international taxes that may be due with respect to your purchase transaction. You agree that HypeXchange as the facilitator of the transaction is not responsible for reporting, collection or payment of any taxes on your behalf.
HypeXchange encourages and appreciates feedback, comments and suggestions for improvements and changes to our Site and Services. You can submit feedback by emailing us at firstname.lastname@example.org. By submitting feedback you acknowledge and agree that all feedback will be sole and exclusive property of HypeXchange.
Registered User Content
Users who have registered an account with HypeXchange may upload, post, publish, submit and transmit Registered user Content. By doing so, any Registered User Content on our Site or Service is thereby granted to HypeXchange and its users irrevocable, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, modify, distribute, license, sell, transfer, publicly display, transmit, and otherwise use such Registered User Content. HypeXchange does not claim ownership rights to any Registered User Content and these Terms and Conditions will not restrict any rights that you have to use and exploit any Registered User Content. You as the owner or the personal registered account acknowledge and agree to be solely responsible for all registered user content that you make available through the site and service. You also warrant and agree that: (1) you are the sole owner of all registered user content uploaded through your account onto our Service or Site, and you have all rights, licenses, consents, and releases that are necessary to grant the rights in such Registered User Content you uploaded, as contemplated under these Terms and Conditions; and (2) neither the Registered User Content or your posting, uploading, publication, submission and transmittal of the Registered User Content, or HypeXchange or its user’s use of the Registered User Content (or any portion thereof), will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Authentication; Shipping and Handling
As part of the purchase the seller must ship the item to HypeXchange, where HypeXchange will physically and visually inspect the item, and use commercially reasonable efforts to ensure the items authenticity. If HypeXchange determines the item is indeed authentic, HypeXchange will process and send the item(s) to the buyer. However, if HypeXchange cannot confirm the authenticity of the item with certainty or deems the item to in fact be inauthentic, then the buyer and seller will be notified that the item is inauthentic, and the buyer will be refunded. HypeXchange has the right to reject any item for any reason as deemed necessary and appropriate by us, including but not limited to authenticity of the item, specifications of the sale item and damage of the item. HypeXchange policy requires Sellers to ship items within the specified timeframe provided in the sale confirmation email after purchase and in our FAQ’s. However, because HypeXchange cannot control the amount of time it takes for the Seller’s item to reach HypeXchange, we cannot guarantee a specific delivery timeframe for any items and therefore the Buyer is not permitted to cancel the purchase if the item does not ship from the Seller within the specified timeframe in the sale confirmation email after purchase. Once we receive the item from the Seller it will take 1-2 business days for us to authenticate the item and ship it to the Buyer. If a Buyer does not receive an item, the Buyer shall promptly report the issue to HypeXchange as soon as reasonably possible. HypeXchange has the right, in our sole and absolute discretion to refuse the acceptance of “change of mind” returns, or incorrect orders. Returns and refunds may only be accepted if there is dispute about an items authenticity or incorrect items received from an order.
Counterfeits, Fraud and Market Manipulation
HypeXchange considers counterfeiting, fraud and market manipulation to be very serious. If a Seller attempts to sell a counterfeit or inauthentic item or attempts to defraud any Buyer or HypeXchange, HypeXchange reserves the right in our sole discretion to do any or all of the following: (i) remove any or all Seller’s listings from the Site; (ii) cancel any or all of the Seller’s pending orders; (iii) withhold any payments owing to Seller; (iv) place limits on the Seller’s account abilities; (v) ship the item(s) back to the Seller at the Seller’s expense; (vi) dispose of item if no response within 14 days of notice items are inauthentic or not to specifications; (vii) temporarily suspend Seller’s account.
Using the Site and Services, and registering an account implies you agree that each of the foregoing remedies are reasonable and justified upon HypeXchange’s judgement and deeming of an item to be inauthentic or not to specifications, or fraudulent actions have been committed. This still applies even if the Seller claims they did not know the items were inauthentic or that they were being fraudulent. We may also require additional identification information from you if you engage in certain high-value transactions or high overall payment volumes through HypeXchange.
Alternatively, if a Buyer believes they have received an item that is inauthentic or not to specifications, then they must notify HypeXchange in writing through the contact form within 5 days of receiving the item, where we will investigate the item and sale. In this circumstance the Buyer must cooperate with us in the investigation, such as supplying information in the form of photographs and issues or shipping the item back to us, at our direction. In the event the item is inauthentic or not to the specification of the sale, we will refund all costs to the Buyer including the sale item price as well as transit costs. In no circumstance may a Buyer resell any item that is suspected to be counterfeit.
HypeXchange may also monitor the integrity of the HypeXchange Platform and Site, and its users, as well as take steps to protect the Site where reasonable as deemed by HypeXchange (e.g if we believe Sellers or Buyers are engaging in market manipulation or fraud, or creating false accounts). If HypeXchange believes a user is attempting to interfere or disrupt the free and fair operation of the Platform, or creates false/misleading content, then HypeXchange reserves the right to, and may at any time deemed necessary: (i) remove any or all Seller’s listings from the Site; (ii) cancel any or all of the Seller’s pending orders; (iii) withhold any payments owing to Seller; (iv) place limits on the Seller’s account abilities; (v) temporarily suspend Seller’s account.
HypeXchange does not guarantee that your items will sell and do not provide any compensation for items that do not sell on our Service. HypeXchange also does not guarantee no delays in your listing appearing on the Site after is it listed by the Seller, and is not responsible for unsold items resulting from any listing delays. HypeXchange may randomly schedule maintenance from time to time without warning or notice, during these maintenance periods our Services may be temporarily unavailable.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror, or frame the service and site or any individual element within the service HypeXchange’s name, any HypeXchange Trademark, or any other proprietary information of HypeXchange including layout and design of any page or form, without our express written consent;
- Access, tamper with, or use non-public areas of the service and site, our computer systems, or the technical delivery systems of our providers;
- Attempt to access or search our service, site or collective content, or download collective content from the service, through the use of any engine, software, tool, agent, device or other than the software and/or search agents provided by us or other generally available third-party web browsers;
- Use the service to send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
- Use the service for any commercial purpose for the benefit of any third party or in any manner not permitted by these Terms;
- Use collective content for any commercial purpose, for the benefit of any third party, or in any manner not permitted by these Terms and Conditions;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
- Take any action that imposes or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the site and service;
- Collect or store any personally identifiable information about other users of the service;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Do anything else that we determine, in our sole discretion, misuses or otherwise negatively impacts the Service; or
- Encourage or enable any individual to do any of the foregoing.
We have the right to investigate and prosecute violations involving any of the above. We may at our discretion involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and Conditions. You acknowledge that we have no obligation to monitor your use of the service and site, or collective content or to review or edit any registered user content. Although we have no obligation we do have the right to fulfil any of the above tasks for the purpose of operating the service, to ensure your compliance with these Terms and Conditions, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any collective content, including any registered user content, that we, in our sole discretion consider to be a violation of the Terms and Conditions, or otherwise harmful to the site and service.
HypeXchange complies and respects copyright law and requires its users to do the same. HypeXchange has established and implemented a policy allowing for the termination of Registered Users who in our opinion repeatedly breach or infringe the rights of copyright holders.
Our site may contain links and attachments to third party websites or resources. You recognise and agree that HypeXchange is not responsible or liable for: the availability or accuracy of these third party entities; the text, products, or services on or available from such websites or resources. Links to third party websites or resources does not imply HypeXchange endorses these third parties or the resources, text, products or services offered or available from such resources or websites. You acknowledge sole responsibility for all risk arising from your use of any such websites or resources.
Listing and Sales
Selling: The sneakers you ship to HypeXchange must match the exact item description and SKU as per the specifications of the sale, they must be the exact same as what will be sent to the buyer upon completion of the sale.
If create an active listing by listing an item for sale, you shall complete the transaction if a Buyer purchases your sneakers, unless the transaction is prohibited by law or these Terms of Service, subject to the return procedure described below. If a Buyer purchases your item(s), and you cancel or decline to send the sale item, you will be warned and suspended from HypeXchange.
Buying: Unless the transaction is prohibited by law or these Terms of Service, you must complete the payment of the item, subject to the return procedure described below.
If you place a bid, you are obligated to pay this amount should your bid be the winning one at auction conclusion. You must pay the amount owing within 48 hours of auction conclusion, or there will be actions enforced as outlined below in “Buyers”.
Once a Buyer purchases an item, they will be sent to HypeXchange for processing and authentication. If authentic and to match of the sale specifications, we will then send the item onto the Buyer (Australia only).
Returns: Due to the anonymous nature of our platform, we are unable to offer change of mind or mistake refunds, exchanges or swaps of any kind – including if you ordered the wrong size. However, if you believe the order is inauthentic or not to the sale specifications please contact us at https://hypexchange.com.au/contact-us/.
The good news is you can always resell with us if you no longer want your item.
HypeXchange uses two payment gateways of Stripe and PayPal, both very secure payment gateways for Australian consumers. By using these payment processing services you agree to their respective Payment Services Agreement available at their respective websites.
Bank Transfer Payments
To ensure maximum profit and minimal unnecessary expense for both parties, sellers will receive their earnings from sales in the form of a Bank Transfer Payment from HypeXchange. For this to occur you as the Seller will be required to provide HypeXchange with a valid bank account (BSB & Account Number), your full name, and address as required by law. This can be done by going to the profile dropdown, selecting “Bank Details” and filling in the required fields.
As a registered Seller on HypeXchange you authorise HypeXchange to to share your identity and account data with Australian and New Zealand Banking Group (ANZ) for the purposes of payment, and you are responsible for the accuracy and completeness of that data. It is critically important that you enter your Bank Transfer Details correctly and accurately to receive payment, we (HypeXchange) are not liable for incorrect bank details. If you incorrectly enter and submit your bank details, you may request to be allowed to change them through the bank details tab in your account settings.
Creating a registered user account and browsing the site is free. HypeXchange charges fees based on transactions on the service. Unless otherwise stated all fees are in AUD dollars and are outlined in our fees sections of our FAQ’s.
We reserve the right to change or discontinue our fees either temporarily or permanently for the use of our service. Changes may occur without express written notice but will be updated in the fees FAQ’s on the website. HypeXchange reserves the right to change the fees for promotional events at our discretion.
You are considered a “seller” when you list an item for sale and are selling an item through the service. If you are a seller, you agree to our rules and policies for sellers which is outlined in our “Selling” page found in our FAQ’s at www.hypexchange.com.au, each of which are incorporated by reference into these Terms and Conditions. You also agree that you have the legal authority to sell each item that you are listing for sale through the Service and that the photos you upload of the item (if required), name of the item, and SKU (item identification) of the item will be accurate, exactly matching the item you ship to us.
By making an active listing you are making a binding offer to sell the specific item included in the listing to the exact specifications of the sale, to the Buyer for the final auction winning bid or buy now price depending on sale, and to ship the item in accordance with our shipping instructions and FAQ’s. When a Buyer wins an auction or elects to buy your item through our Platform and Services, you are contractually and legally bound to deliver that exact item for the purchase price. Sellers must ship their sold item(s) within the timeframe of 2 business days as outlined in the “Seller Shipping Process” on the Site https://hypexchange.com.au/seller-shipping-process. You are obligated to monitor your active listings and ensure all listings are accurate. There are actions and penalties in place for cancellation of order, as well as sending inauthentic items or items that aren’t to the specification of the sale. If in HypeXchange’s sole discretion, we deem an item inauthentic or not to specification, or you cancel an order, HypeXchange reserves the right to do any or all of the following: (i) remove any or all of the Seller’s listings from the Service; (ii) cancel any or all of the Seller’s orders pending through the Services; (iii) withhold any payments due to the Seller; (iv) place limits on the Seller’s account abilities; (v) ship the item(s) back to the Seller at the Seller’s expense; (vi) dispose of item(s) if no response within 14 days of notice items are inauthentic or not to specifications; and (vii) temporarily or permanently suspend Seller’s account. HypeXchange has no obligation to return your item to you that do not conform to the description or specifications of listing and sale, or are inauthentic. If HypeXchange deems this to be the case we will contact you giving you notice that your item(s) have not met the requirements of the sale, and you may choose to have the item(s) sent back to you at your cost, however if you do not respond within 14 days of notice stating your items do not meet the requirements then we will dispose of them.
HypeXchange will pay you within a reasonable amount of time following the sale of your item(s), when your item(s) are processed at HypeXchange and sent on to the Buyer. In order to get paid quickly, ship your item(s) immediately at the time of sale, and ensure everything required is included and the item(s) are to the specifications of the sale so there are no delays. The applicable fees are shown at the time of listing your item for sale and in the FAQ’s. HypeXchange is acting solely as an intermediary between both parties of the Seller and the Buyer. In the event the Buyer does not pay for the item(s) they won from an auction bid within 48 hours of auction conclusion, we will suspend or disable the Buyer’s account and unfortunately your sale cannot be processed and you may have to re-list your item. HypeXchange has no obligation to mediate between the Buyer and Seller, we will provide notice to the Buyer stating they have item(s) to pay for, that they have won, however we cannot force them to pay for the item(s). All HypeXchange can do it take the necessary actions of suspending or disabling their account to reduce the chances of this happening again.
When purchasing an item through HypeXchange’s service, you agree to our rules and policies for “Buyers”, as well as purchases and returns policy outlined on our Site at www.hypexchange.com.au, each of which are incorporated into these Terms. You also agree that you are responsible for reading the full item listing before making a decision to purchase an item.
A buyer has two options for purchasing a product, either through bidding on an item and winning, or choosing to “buy now”. If you decide to bid on an item, please be aware that you are obligated to pay for the item at the price you bid, if your bid results in being the winning bid. When you place a bid, you are committing to purchase the item within two days (48 hours) of the auction ending. If you do not pay for the item(s) your bid has won, and are obligated to pay, we may: (i) cancel any or all orders pending through the Services; (ii) remove any or all of Buyer’s Bids from the Services; (iii) cancel any or all of buyer’s orders pending through the Services; (iv) withhold refunds or payments due to buyer; (iv) place limits on the your account abilities; and (v) temporarily or permanently suspend you account.
To be a Buyer on HypeXchange, your shipping and billing address must be within Australia. HypeXchange is a third party, acting as a platform and offering a Service for Buyers and Sellers to interact, which means HypeXchange does not have any ownership of any item on the Site. Therefore, all sales are final once the item is authenticated and processed, and no refund requests will be accepted for change of mind or incorrect orders, however feel free to sell your item on HypeXchange. The only refundable purchases are ones that are believed to be inauthentic or not to sale specifications. In this instance, where you have a problem with your order, please contact us at https://hypexchange.com.au/contact-us/. If there is a problem with your order or the item you received, you must contact us in writing through the ‘Contact Us” form within 5 days of receiving your item, with a detailed description of the problem.
HypeXchange offers a platform for the transaction of items between Buyers and Sellers. Where a transaction occurs between a Buyer and a Seller on our platform, if you are the Buyer, you acknowledge that you are buying items from a third party (the Seller), not from HypeXchange. We do not own the items sold by a Seller to the Buyer through our platform, nor do we act as a Seller, Buyer or affiliate for a Seller or Buyer in relation to any transactions. HypeXchange assists in the facilitation of sale and resolution of disputes, as well as provide guarantees as states in our Authenticity conditions. However, we do not guarantee; (i) the existence, quality, safety or legality of the items advertised; (ii) the truth or accuracy of Sellers’ listings; (iii) the ability of Sellers to sell items; (iv) the ability of Buyers to pay for items; (v) that a Buyer or Seller will actually complete a transaction or return an item; or (vi) the legal transfer of an item from the Seller to the Buyer.
HypeXchange aims to be the first-choice platform for the Australian sneaker market, and to achieve this we understand that we must be trusted and provide the exact service we offer. People must receive exactly what they pay for, and we aim to ensure every item sold and received through our platform is 100% authentic and to the specifications of the sale.
All resale products listed and sold on our platform will be verified by experienced authenticators, using technology such as black lights, magnifiers and high sensitivity scales to ensure the item you receive is authentic. Our authenticators inspect all aspects of the item and packaging, from the outsole, to the stitching, insole, colour, texture, labels and so on.
All verified authentic items passed through our platform are given a unique number/barcode which is left inside the item box on an authenticity card. This barcode number can be entered into the database on our website labelled “authenticate” at the top of the screen to verify the authenticity of your sneakers if required.
If a product sold on our platform is found to be inauthentic or not to the sale specifications, we will refund and alert the Buyer, and take the necessary action against the Seller such as suspension of account and warning, to reduce the chances of repetition.
Our Platform and the Services offer a safer, easier and more secure way of transacting sneakers, where both sides are always satisfied.
Termination and Account Cancellation
In the event of breaching any Terms or Conditions, HypeXchange reserves the right to suspend/disable an account at any time without prior notice, if in our sole discretion we believe there to be a breach of any Term or Condition. We reserve the right to disable functions and ability of an account to use our site and its services at any time. When registering and creating an account, you must enter your personal identity details as presented on forms of identification such as passport, birth certificate, driver’s license and so on. If your account is terminated, or we disable/suspend your account, you still remain liable for all amounts owing under these Terms and Conditions. You can also choose to terminate your account at any time by contacting us through our contact form.
Our Service and Collective Content provided at hypexchange.com.au is provided without any implied or express warranty in any way. HypeXchange explicitly and expressly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. There is no warranty that our Service or Collective Content will meet the expectations or requirements you have, or that it will be available, uninterrupted, secure, error-free, non-defective, or that the service is free of viruses or other disabling devices or harmful components.
HypeXchange may randomly and without notice amend, alter or update our Service. HypeXchange takes no responsibility or liability in the event of any errors or omissions with the collective content or service. HypeXchange expressly refutes any obligation to update the content, service or information on the site.
You shall indemnify, defend and hold HypeXchange and our affiliates and their respective officers, directors, agents and employees harmless from and against all claims, demands, suits or other proceedings, and resulting loss, damage, liability, costs, interest and expenses (including reasonable attorneys’ fees) brought by any third party or governmental claim or demand that involves, relates to or concerns (a) your listing or sale of any counterfeit, stolen, or illegal merchandise or goods, (b) your breach of any provision of the Terms, (c) your improper use of the Services, (d) your violation of any law or the rights of a third party, or (e) federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree. We reserve, and you grant to us, the right to assume exclusive defence and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
Limitation of Liability
HypeXchange is a platform/Service for Buyers and Sellers to transact items with each other as a third party to HypeXchange. HypeXchange may help facilitate resolution of disputes, and may provide guarantees stated in the HypeXchange Refund Policy or Guarantee Policy, we do not guarantee the existence, quality, safety or legality of the items advertised; the truth or accuracy of users’ listings; the ability of Sellers to sell items; the ability of Buyers to pay for items; that a Buyer or Seller will actually complete a transaction or return an item; the legal transfer of item from the Seller to the Buyer; or that a buyer or seller will actually complete a transaction.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services and Collective Content remains with you. Neither HypeXchange nor any other party involved in creating, producing, or delivering the Site, Services or Collective Content will be liable for any direct damages, or any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, arising out of or in connection with: (a) these terms or from the use of or inability to use the site, services or collective content; (b) the conduct of you or anyone else in connection with the use of the site, or services; (c) any communications, interactions or meetings with other users of the site, or services or other persons with whom you communicate or interact as a result of your use of the site, or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not HypeXchange has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Aside from the services provided through the site, HypeXchange is not liable for any injury, loss, claim, damage, or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based on warranty, contract, tort, product liability, or otherwise, which arises out of or is in any way connected with a user’s visit to a venue, resulting from use of the site, or services.
In no event will HypeXchange’s aggregate liability arising out of or in connection with these Terms and Conditions or from the use of or inability to use the Site, Services or Collective Content exceed the amounts you have paid to HypeXchange for use of the Site, Services or Content or one hundred dollars, whichever is greater. The limitations of damages set forth above are fundamental elements of the basis of the bargain between HypeXchange and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of HypeXchange used are trademarks of HypeXchange. All other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and Conditions and any related action will be governed by the Australian Federal law without regard to its conflict of laws provision. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in Australia and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms and Conditions constitute the entire and exclusive understanding and agreement between you as the identity of the Registered Account User and HypeXchange regarding the Service and Collective Content, and the Terms and Conditions supersede and replace any and all prior oral or written understandings or agreements between you and HypeXchange regarding the Service and Collective Content.
All notices and communication permitted or required, including changes to these Terms and Conditions, will be expressly written by HypeXchange in the form of: (i) email to your registered user information provided when creating an account or (ii) posting Content to the site. The receipts for notices and communication in the form of email will be the date when the email was sent.
You, as the Registered Account User, and HypeXchange agree that any dispute, claim or disagreement arising due to the anything related to these Terms and Conditions or the breach, termination, enforcement, interpretation or use of the Site and Services, will be settled by binding arbitration, except that each respective party retains the right to bring an individual action in small claims court and the right to seek injunctive or similar equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and accept that you and HypeXchange are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. In addition, both you and HypeXchange must both agree in writing to be able to consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.
Arbitration Rules and Governing Law. The arbitration will be administered by the Australian Centre for International Commercial Arbitration (ACICA) then in effect, except as modified by this “Dispute Resolution” section. The Commercial Arbitration Act 2011 (SA) will govern the interpretation and enforcement of this Section.
Failure of HypeXchange to enforce any right or provision in these Terms and Conditions does not and will not constitute the waiving of future enforcement of the respective right or provision. The waiving of a right or provision will be effective only if it is in writing and signed by a duly authorised representative of HypeXchange. Except as expressly set forth in these Terms and Conditions, the exercise by either party of any of its remedies under these Terms and Conditions will be without prejudice to its other remedies under these Terms and Conditions. If for any reason or circumstance a court of competent jurisdiction finds any provision of these Terms and Conditions to be invalid or enforceable, that provision will be enforced to the maximum extent permissible and the other provision of these Terms and Conditions will remain in full force and effect.
If you have any questions regarding HypeXchange’s legal policies, please email us: email@example.com