Terms of Service

Terms and Conditions

1. Introduction

a) Bubcycle ( "we," "us," or "our") is an online peer-to-peer marketplace service that enables a user ("user," "you," "your") to sell and purchase used second-hand baby and children's items. "Our company provides a marketplace where users can connect to buy and sell second-hand children’s items. However, we do not guarantee that all items will meet every user’s needs or expectations. Additionally, users should be aware that we do not physically inspect or verify the quality of the items listed."

b) By actively engaging with the platform, you are deemed to have read and understood these Terms and agree with them. If you disagree with these Terms, you are required to desist from using the platform at once.

c) You must be 18 to create an account and use the platform. By registering, you confirm that you satisfy this age condition as a registered user.

2. User Registration

a) Before using the platform to its capacity, one must sign up for an account during the time of registration, users are required to submit their accurate and up-to-date personal information. Additionally, you are also required to input valid payment details; however, all payments received through this platform will be processed and administered by our Third-Party Payment Processor, Stripe.

a) Users are expected not to reveal their account details, including passwords, to others. This means that you are legally liable for all activities that take place under your account, whether or not they were done with your approval. You must inform us if you have any reasons to believe that an unauthorized third party has accessed your account.

b) We also retain the right to temporarily or permanently cease your access to our services if we believe that related activities are suspicious or fraudulent, that the user has created multiple accounts, or that the user has violated the Terms outlined here.

3. Buying and Selling on the Platform

3.1 Sellers

a) As a seller, you are responsible for providing valid and accurate information regarding the goods you intend to sell. This includes the age of the product, condition, functionality, and any minor defects or safety issues. Any compliance or discrepancies in your listing may create claims or disputes for which you will solely be liable.

b) The listed item must not be prohibited by law for sale and should conform to set and prescribed legal requirements. This includes ensuring that the product has not been subject to any recalls, bans, or safety issues, particularly for products that are required to meet specific safety standards.

c) The purchase is considered complete once the buyer receives the product and confirms receipt. You may not request a return of sold goods unless the buyer accepts or is proven to have engaged in fraud or misconduct.

d) If shipment is to be arranged, you are responsible for ensuring the accuracy and timely delivery of the goods sold. You must clearly communicate with the buyer regarding any issues that may arise during the shipping process, such as delays or damage.

3.2 Buyers

a) As a buyer, you commit to inspecting the product the moment of receipt. Any issues that may relate to the condition, operation, or conformity of the product as described and sold by the particular seller must be communicated to the said seller within 48 hours from the time of receipt of the product. If there is no report of any problem within this period, it will be considered that the product was accepted without further examination.

b) We also do not examine or verify the products being sold through the platform. As a result, Bubcycle cannot assure the state, performance, or integrity of the offered product descriptions. Any disagreement with a defective product or with the characteristics mentioned in the listing must be between the buyer and the seller.

c) Using this platform means that you understand that purchasing 'used,' 'second-hand,' or 'pre-loved' goods often results in accepting certain inherent risks and that you shall not hold the platform owners liable for such risks.

4. Payment and Refunds

a) All payments made via the platform are collected by a third-party payment facilitator, Stripe. By using our platform, you agree that payment processing will be through the Stripe payment gateway and subject to Stripe's Terms of Services. Your payment information is not saved on our servers.

b) Stripe, our third-party payment processor, will retain the funds until both the Buyer and Seller confirm the successful exchange of the product. Alternatively, if only the Seller confirms within this period, the funds will be released after two weeks. This process ensures secure and verified transactions for all parties involved.

c) Refunds are only offered and are possible when agreed upon by the buyer and the seller of the product. Buyers and sellers are allowed to talk and negotiate directly to settle any misunderstandings about the products' actual status or the advertisement's details. While Bubcycle may, at its discretion, serve as an intermediary for the parties, it will not issue refunds unless stipulated by law or by the mutual consent of the parties involved.

d) If a dispute arises from the condition of the product delivered, the buyers must present their complaints within 48 hours of delivery. Failure to report a claim within this period will be construed as a final transaction, and no form of refund will be entertained.

5. Liability for Products

a) Bubcycle is only an online marketplace where buyers can connect with sellers. Therefore, it is not responsible for the quality, safety, or legal status of products or their conditions. It only lists items for sale, and as such, we cannot be held accountable for any shortcomings or losses that occur when users purchase items sold through our platform.

b) Through the platform, buyers agree that they are buying second-hand items and that goods may pose certain risks as they come with general wear and tear. In accepting the products, buyers are legally obligated to examine them for suitability for intended use before using them.

c) The sellers are responsible for ensuring that their listed products are safe, conform to Australian standards, and are free of any hazardous defects that are likely to harm the buyer or their children. To the buyers, sellers agree to hold Bubcycle harmless from any claims, liabilities, or legal proceedings resulting from the sale or use of the products.

d) Buyers recognize that every product on the platform is sold without warranties, and Bubcycle provides no guarantees. Any warranty or representation of the product is between the buyer and the seller alone.

6. Limitation of Liability

a) Save to the extent it may be prohibited by law, Bubcycle shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including lost profits, lost data or goodwill, personal injury or death arising under or in connection with the use of the platform regardless of whether such damages were foreseeable or whether Bubcycle has been cautioned of such possibilities.

b) Bubcycle will not be liable for any loss or damage incurred as a result of: • Your dependence on the quality, accuracy, or reliability of product listings. • Bargaining or conflict of any sort eventually between the buyer and the seller. • Any loss, defect, danger, or harm associated with the product that does not meet the required standards or the customer’s requirement. • Destruction of products by delivery companies or carriers that are utilized in the delivery of the products. • Disruption of the platform, including technical flaws, system upgrades, upgrades, or other circumstances we failed to control.

c) If, however, we are found to be liable for any loss or damage at all in circumstances not covered by the above, then our liability is limited to the greater of the total amount paid by you in fees during the six months before the incident giving rise to the claim or one hundred Australian dollars ($100).

7. Dispute Resolution

a) Bubcycle also encourages buyers and sellers to resolve issues on their own and share any information they have concerning the transactions. While we may help in the communication process, we do not have to act as a middleman to resolve disagreements.

b) In the case of a commercial dispute that cannot be resolved by negotiation between the buyer and seller, legal means are available under the law of Australia. Bubcycle will not be responsible for any legal procedures or other claims that may occur for and between the users.

c) Every controversy arising from or related to the use of the platform or the services offered by Bubcyle must be resolved in the NSW Australian courts only. You also agree to the exercise of personal jurisdiction in the courts above.

8. Amendments to Terms

We also have the right to change, update, or otherwise alter the terms contained within this document at any time. Of course, such changes will be published on the website, whereas material changes will be communicated to you through email or the platform. You accept the updated Terms if you keep using the platform once the changes have been published.

9. Prohibited Products

To ensure the safety of users and compliance with relevant regulations, the following types of products are strictly prohibited from being listed or sold on the Platform:

• Breast pumps • Bottles, teats, sippy cups, and soothers/dummies • Sterilizers • Any product containing lithium or button batteries • Any other items that poses a significant safety or health risk