It is a customer and an owner’s responsibility to read and adhere to our term’s and conditions. Conducting a hire constitutes acceptance of our terms and conditions, and failure to read or abide by them is an individual’s misdoing, not the responsibility of TuxMate
PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE & SERVICES OFFERED BY TUXMATE AND ITS SUBSIDIARIES (COLLECTIVELY REFERRED TO AS "TUXMATE"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.TUXMATE.COM.AU, MOBILE APPLICATIONS AND SERVICES PROVIDED BY TUXMATE (COLLECTIVELY, THE “SERVICES”).
By using the Sites in any manner, including but not limited to visiting or browsing the Site, you (the “User" or “You") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Sites, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
1. TUXMATE AS A VENUE
TuxMate acts as a venue to allow users who comply with TuxMate's policies to offer and rent goods. TuxMate is not directly involved in the transaction between owners and customers. As a result, TuxMate has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of owners to rent items or the ability of customers to pay for items. TuxMate does not pre-screen users or the content or information provided by users. TuxMate cannot ensure that an owner or customer will complete a transaction.
Consequently, TuxMate does not transfer legal ownership of items from the owner to the customer.
TuxMate cannot guarantee the identity, age, nationality, or sense of humour of a user. TuxMate encourages you to communicate directly with potential transaction partners by direct messaging the Instagram page and obtaining the renters contact details.
You agree that TuxMate is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on TuxMate. You use the TuxMate service at your own risk. TuxMate is an Australian venue and use of its services is for Australia only. Any transaction occurring outside Australia must be disclosed to all parties of the transaction and agreed to.
2. MEMBERSHIP ELIGIBILITY
Age: TuxMate' services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. TuxMate may, in its sole discretion, refuse to offer access to or use of the Sites/Social media pages to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Sites is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use TuxMate' services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by TuxMate' policies as stated in the Agreement and the TuxMate policy documents (if existing and if applicable to your activities on or use of the Site/Social Media Page) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by TuxMate, each of which is incorporated herein by reference and each of which may be updated by TuxMate from time to time without notice to you.
In addition, some services offered through the Sites may be subject to additional terms and conditions promulgated by TuxMate from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Right to Refuse Service: TuxMate' services are not available to temporarily or indefinitely suspended TuxMate listers/renters. TuxMate reserves the right, in TuxMate' sole discretion, to cancel unconfirmed or inactive accounts. TuxMate reserves the right to refuse service to anyone, for any reason, at any time.
3. LISTING AND RENTING
Listing Description:
By listing an item on the Sites you warrant that you and all aspects of the item comply with TuxMate' published policies. You also warrant that you may legally rent the item. You must accurately describe your item and all terms of lease in your direct message/listing. Your listings may only include text descriptions, graphics, pictures, and other content relevant to the sale of that item. All items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing.
Your listing will remain active on our Instagram page for a period of 6 months minimum. After the 6 month period, TuxMate is likely to deem the listing 'expired' and may potentially remove the listing. It is up to the client to instigate a re-listing of their item. Please note that listings may be removed by TuxMate at any time. Please review section 15, "BREACH", for further information.
4. PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES
You are solely responsible for your conduct and activities on and regarding to TuxMate and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the TuxMate Instagram page and upcoming website.
Restricted Activities:
Your Content and your use of TuxMate shall not:
- Be false, inaccurate or misleading;
- Be fraudulent or involve the lease of illegal, counterfeit or stolen items;
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see "Use of Images/Copyright);
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including TuxMate staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
- Be obscene or contain child pornography;
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Host images not part of a listing;
- Take any actions that may undermine or discredit the TuxMate feedback and ratings systems;
- Attempt to decompile, reverse engineer, disassemble or hack the Services or Sites (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by TuxMate with respect to the Services and/or data transmitted, processed or stored by TuxMate;
- Harvest or collect any information about or regarding other TuxMate account holders, whether through automated means, such as harvesting bots, spiders, robots or scrapers (“Automated Data Collection”), or otherwise, including, without limitation, any personal data or information;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;
- Modify, adapt or hack TuxMate or modify another website so as to falsely imply that it is associated with TuxMate;
- Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
- Appear to create liability for TuxMate or cause TuxMate to lose (in whole or in part) the services of TuxMate' ISPs or other suppliers;
- Use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
- Use the Services to violate the privacy of others or to “stalk” or otherwise harass another;
- Use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;
- Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, or other policy documents as posted on TuxMate.
Furthermore, you may not list any item on TuxMate (or consummate any transaction that was initiated using TuxMate' service) that could cause TuxMate to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Service.
5. USE OF IMAGES/COPYRIGHT AND CONTENT
TuxMate does not take responsibility for the images uploaded by individuals on our site or Instagram page. It is the individual’s responsibility to abide by Australian photographic and copyright laws and regulations and ensure that the individual has permission or ownership of the images they are uploading on our website. TuxMate is committed to helping people and organizations protect their intellectual property rights. The TuxMate terms and conditions do not allow posting content that violates someone else’s intellectual property rights, including copyright and trademark. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio, and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via TuxMate. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction. You agree that TuxMate is not responsible for, and does not endorse, Content posted within the Service. TuxMate does not have any obligation to pre-screen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
TuxMate is happy to assist in the removal of any imagery that violates Australian photographic and copyright laws and regulations. Please allow 48 hours for us to remove content once it has been reported.
License: TuxMate does not claim ownership rights in your Content. You grant TuxMate a license solely to enable TuxMate to use any information or Content you supply TuxMate with, so that TuxMate is not violating any rights you might have in that Content. You grant TuxMate a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow TuxMate to store or re-format your Content on TuxMate and display your Content on TuxMate in any way as TuxMate chooses. TuxMate will only use personal information in accordance with TuxMate' Terms of Service.
As part of a transaction, you may obtain personal information, including email address, mobile phone number, and address information, from another TuxMate user/follower/renter/lister (collectively ‘user’). Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for TuxMate-related communications. TuxMate has not granted you a license to use the information for unsolicited commercial messages, or to disseminate such information on any public platform, including TuxMate. Without limiting the foregoing, without expressing consent from the user, you are not licensed to add any TuxMate user to your email or physical mail list.
Re-Posting Content: By posting Content on TuxMate, it is possible for an outside website or a third party to re-post that Content. You agree to hold TuxMate harmless for any dispute concerning this use.
6. INFORMATION CONTROL
TuxMate does not control the Content provided by users that is made available on TuxMate and, as such, does not guarantee the accuracy, integrity or quality of such Content. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
You acknowledge that TuxMate may or may not pre-screen Content, but that TuxMate and its designers shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any Content that is available on the Sites. Without limiting the foregoing, TuxMate and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions.
You acknowledge, and consent to and agree that TuxMate may access, preserve and disclose your account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over TuxMate or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of TuxMate, its users and/or the public.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using TuxMate, you agree to accept such risks and that to the maximum extent permitted by applicable law, TuxMate (and TuxMate' officers, directors, agents, subsidiaries, joint ventures, creators and employees), under no circumstances, will be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed transmitted or otherwise made available on the Sites, or any acts or omissions of users on TuxMate. Please use caution, common sense, and practice safe renting when using TuxMate.
Other Resources: TuxMate is not responsible for the availability of outside websites or resources linked to or referenced on the Site. TuxMate does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that TuxMate shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
7. DRY CLEANING
All suits must be dry cleaned before return, unless otherwise stated by the individual owner. Should an item fail to be appropriately cleaned before return, as stated by the owner, the owner has the right to withhold a partial, if not the entire amount of the bond, to cover the costs of cleaning. The owner may also request further compensation to the value of the cost of the owner bearing the task of cleaning the garment themselves.
8. REFUNDS
If a customer agrees to hire an item, money is exchanged, and then the customer later decides they do not wish to hire the item, the owner has no obligation to return the hire price, especially in scenarios where the suit has already been given to the customer and including situations where the garment does not fit, or does not suit the rentee. This is a condition, as often clients are turned down when the item is being rented out at the time, and we can therefore not turn down customers if the suit has not already been definitely hired out.
If you are unsure whether you are interested in the garment, please ask the owner if they will allow you to organise a try on. If a try on is arranged, a customer is entitled to a refund for any reason, providing the item is not accepted at the try on. For example, if a customer arranges a try on with the owner, pays for the item prior to the try on and then tries it on and does not like it, the customer is entitled to a refund. The try on must be arranged prior to payment being made. If the customer tries on the item, confirms rental and pays for the item after the try on, the customer is not eligible for a refund after this acceptance.
A change of mind is allowed at least 2 weeks prior to the event, so if the money has already been exchanged, and there is a change of mind 15 days out from the event taking place, the suit owner is obligated to refund the full hire price and bond to the customer, unless the owner confirmed the payment was non-refundable prior to receiving the payment. However, in the situation where an item is not available to the customer at the time of their event, the customer is expected to be refunded all fees paid. This is inclusive of situations where the garment has been delayed in the post, even if the owner posted the item in advance and the item was unexpectedly delayed. Unfortunately, an owner is required to bear the burden of this situation, even if it is outside of their control. We recommend owners allow for delay's when considering postage. However, if the owner contacts the customer regarding postage of the item in reasonable time, and the customer does not reply to the owner until it is too late to post the garment, or the garment arrives late due to it being posted late as the customer did not respond in time, this is the liability of the customer. E.g., if an owner contacts a customer stating they can post tomorrow, but the customer does not confirm their shipping details until two days later, and the item is posted then and arrives a day late, this is the customer's fault, as the owner attempted to post it in a reasonable time frame for the item to arrive. If the customer further responds too late for postage, after paying a non-refundable deposit, the deposit is not refundable if the item does not arrive or while not arrive in time to the customer, provided the owner contacted them to post the garment within an appropriate time frame .
Please be advised that refunds for item's listed on our website are not available at any time, including if the customer wishes to remove their listing on our page, remove an additional feature added to their listing, or change their listing. Should a customer list an item on our site, with or without additional advertisement features, including "highlighted" or "featured" add on’s, they will be subject to the cost of this, and will not be entitled to any refund of any kind, unless so deemed by TuxMate. Should a customer include an additional advertisement feature on our site, and wish to remove it, they can do so, but will not receive a refund for the additional amount paid for this feature. Please feel free to ask our team what the additional advertisement features are, prior to selecting them.
Please note, an owner has the right to create their own terms and conditions with regards to refunds. Owner's may state that payment is 'non-refundable'. In this situation, refunds are not eligible even if a change of mind has occurred outside the two-week period.
9. WEARING OF A HIRED ITEM
A customer must pay for the possession and responsibility of an item, regardless of whether they end up wearing it or not. However, an item is rented out for ONE event only, and to ONE person only, unless otherwise arranged with the owner. A suit that is in the possession of a customer for a weekend cannot be lent to their friend, and worn on two occasions, even if worn by the same person, unless this is agreed by the owner. This is because as a suit is worn, it depreciates in value and faces the risk of damage and deterioration. Therefore, the hire price covers the cost of one occasion, day or event only.
If a customer damages an item beyond repair, deeming the item 'unwearable', the owner may request the customer pay for the damages at any value that is less than or equal to the RRP of the garment minus the already paid for hire fee and bond. If the owner insists on damages that equal the RRP of the item (including any already paid fees such as hire fee and bond), the customer has the right to ask for ownership over the property being disputed. If minor stains or damages are caused to the garment, decreasing it's value but allowing it to still be wearable, the owner has the right to refuse the return of the bond, or ask for minor compensation. If a dispute has arisen between the owner and the customer over the damages, i.e. whether or not the damages deem the item 'unwearable', please contact TuxMate.
'Unwearable': in all circumstances refers to an item that would not be worn by any reasonable person because of damages to it.
10. RETURN OF AN ITEM
It is the customer’s responsibility to contact the owner of the item, regarding it’s return. Items must be either dropped back or posted back to the owner by the date stated unless other arrangements are agreed upon. Please obtain approval from the owner prior to posting an item. If no return date is stated, customers with items which are not returned within one week of the date of wear, are no longer entitled to receive their bond upon return, unless the owner has agreed to a date of return later than one week. If an item is returned later than one week, or the agreed date, an owner has the right to ask for further compensation. For example, if an item is returned late, and a future rental is cancelled because of this, the customer may be required to compensate the owner for this forgone hire fee. If an item is not returned at all, the customer who liaised with the owner and had possession of the item is liable to provide compensation to the owner. This compensation will be to any value less than, or equal to, the RRP of the item, minus any already paid fees (including hire fees and bonds, excluding postage costs). The owner will be allowed to dictate the price of the compensation, provided its value does not exceed the previously stated value. It is the sender's responsibility to provide the receiver with appropriate tracking when an item is being shipped. For example, if a customer returns an item via postage, and no tracking is provided, the customer will be liable for the garment should it not arrive. However, if the customer provides a valid and active tracking number (i.e. the tracking number shows information e.g. lodgement of parcel, that can be tracked by the post service) then they are not liable for the garment should not arrive. Please always provide tracking information when posting garments.
11. CONDITION OF AN ITEM
It is an owner’s responsibility to provide the customer with an item that is in wearable and undamaged condition. Small stains, that are hidden or barely noticeable, are accepted. However, please disclose any minor stains that are visible externally when worn (i.e. stains on the interior lining of the fabric that cannot be seen when worn do not need to be disclosed) to the customer before they hire the item. A customer has the right to refuse to wear an item, if a reasonable person, in this position, would also view the item as unwearable. In the scenario of a marked or damaged item, it must be immediately returned to the owner, and a full refund be issued. A customer must disclose the stains in question to the owner prior to the event date of the hire. If a customer reports stains after the event date, or wearing of the item, the owner cannot determine that the stains did not occur in the customer's possession. We expect a customer to dispute an item within 24 hours of receiving it. If a customer disputes an item but does not return it until after the hire date, and no graphics of the damage in question are provided prior to the event date, or at the time of the dispute being raised, the owner has the right to refuse rental to the customer. This is because the owner has not received proof of damage prior to the rental date or return of item prior to the rental date. In this situation, the owner has no way of determining that the item was not worn or that the damage did not occur in the customer's possession. If disputes between owner/customer occur, please send in a detailed complaint, along with photographic evidence to TuxMate AU, and we will determine whether the damage makes the item unwearable or not.
12. POSTAGE
If an item is to be posted, please forward on a tracking number to the owner/customer. Please always include a return address of the item. This ensures that an item can be tracked, in the event it were to be lost in the mail. If an item does not arrive at it’s destination, and there were no tracking number given, the person who sent the item is responsible for the compensation of it. If an item is posted, a tracking number is provided and the item does not arrive at the destination, it is the sender's responsibility to lodge a missing parcel form with Australia Post and attempt to retrieve the item. If the item cannot be found, but the tracking number provided shows sufficient proof that the item was posted correctly by the customer, then the customer is not liable for the loss of the item, and this is now an issue with Australia Post. It is the receiver’s responsibility to provide the sender with an address that will result in safe delivery of the item if tracking is provided and the tracking is confirmed as delivered, the receiver is immediately responsible for the item. If the receiver cannot locate the parcel following delivery, it is the receiver’s liability to bear the loss of the item, as tracking states the item has been delivered.
13. TERMS OF THE BOND
If a bond has been used in the transaction, it must be returned on return of the item if it is in the same condition. If it is not, not all the bond may be returned. Bonds which have not be claimed after 2 weeks (14 days) after the suit owner has attempted to return it, asked for bank details etc), and the hirer has not gotten back to them, the bond cannot be claimed. Please make sure you provide your suit hirer with the appropriate bank details or arrangements when they ask. Do not expect them to chase you up for them.
14. LIABILITY
UNDER NO CIRCUMSTANCES WILL THE TUXMATE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE TUXMATE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE TUXMATE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE TUXMATE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE TUXMATE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TUXMATE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF TUXMATE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE TUXMATE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE TUXMATE PARTIES.
TUXMATE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
15. GST REQUIREMENTS
If the individual hiring out their garment is registered or required to be registered for GST under the A New Tax System (Goods and Services Tax) Act 1999, it is their responsibility to ensure the price advertised for their garment is inclusive of GST and this GST is collected by the individual.
16. BREACH
Without limiting any other remedies, TuxMate may, without notice, delay or immediately remove Content, warn TuxMate' community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
TuxMate suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents and community guidelines incorporated herein; TuxMate is unable to verify or authenticate any of your personal information or Content; or TuxMate believes that a user is acting inconsistently with the letter or spirit of TuxMate' policies, has engaged in improper or fraudulent activity in connection with TuxMate or the actions may cause legal liability or financial loss to TuxMate' users or to TuxMate
The following discretions may (but are not limited to) warrant removal:
customers with unwearable items
Refusing return of a bond, in situations where a bond is entitled to be refunded
Using explicit, threatening, and abusive language
The removal of an owner is at the discretion of TuxMate AU. If you have an owner complaint, please send in your compliant to us, along with evidence, such as “screenshots” of conversations. We will determine the best way in which to deal with our owner.
17. LEGAL COMPLIANCE, TAXES
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and any TuxMate service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Sites (excluding any taxes on TuxMate' net income).
18. TUXMATE SERVICE
TuxMate reserves the right to modify or terminate the TuxMate service for any reason, without notice, at any time. TuxMate reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If TuxMate makes a material change TuxMate will notify you here, or other places TuxMate deems appropriate. What constitutes a "material change" will be determined at TuxMate' sole discretion, in good faith, and using common sense and reasonable judgment.
TuxMate reserves the right to alter these policies at any time. Your continued use of the Sites and Services after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
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