Terms and Conditions

Cycl.me operates the Platform, a private, circle-based wardrobe sharing service that enables registered users to view, lend, borrow, swap and gift clothing items within trusted, closed groups of people who know each other offline.

The Platform does not facilitate the purchase, rental or sale of clothing items, and does not process payments between users.

These Terms govern your access to and use of the Platform. By registering for or using the Platform, you agree to be bound by these Terms.

In these Terms:

• "Account" means a registered user account on the Platform;
• "Circle" means a private, closed group of users who have mutually agreed to share access to each other's wardrobes on the Platform;
• "Content" means any text, images, descriptions, photographs or other material uploaded or submitted to the Platform by a user;
• "Item" means any clothing or accessory listed by a user on the Platform;
• "Transfer" means any lending, borrowing, swapping or gifting of an Item agreed between two users, whether by in-person pickup or postal delivery arranged independently by those users;
• "Trial Period" means the period during which the Platform is made available to users free of charge, as notified by Cycl.me from time to time;
• "Future Services" means any additional paid or premium features that Cycl.me may introduce to the Platform after the Trial Period, including but not limited to outfit curation, packing list tools and third-party wardrobe publishing integrations; and
• "Terms" means these Terms and Conditions, as amended from time to time in accordance with clause 17.

References to a person include an individual, company, partnership, trust or other legal entity. Headings are for convenience only and do not affect interpretation.

By creating an Account or using the Platform, you confirm that:

• you are at least 16 years of age;
• you have the legal capacity to enter into a binding agreement;
• you have read, understood and agree to be bound by these Terms and our Privacy Policy; and
• if you are accepting these Terms on behalf of an organisation, you have authority to bind that organisation.

If you do not agree to these Terms, you must not use the Platform.

The Platform is a private wardrobe sharing service. It enables users within a Circle to:

• store items from their personal wardrobe;
• automatically generate descriptive tags for wardrobe images you upload, which you can turn off in your account settings (see our Privacy Policy);
• view Items listed by other members of their Circle;
• communicate with other Circle members via the Platform's messaging function; and
• agree to lend, borrow, swap or gift Items with other Circle members.

The Platform does not:

• facilitate the purchase, sale or commercial rental of Items;
• process, hold or transfer any payments between users;
• arrange, coordinate or manage the physical transfer of Items between users; or
• provide postage, courier or logistics services.

Cycl.me is a technology platform only. We provide the tools for users to connect and communicate. We are not a party to any Transfer agreed between users.

During the Trial Period, access to the Platform is provided free of charge.

Cycl.me reserves the right to introduce fees for access to the Platform or for Future Services at any time after the Trial Period. We will provide users with reasonable advance notice of any fees before they take effect.

Future Services, including outfit curation, packing list tools and third-party wardrobe publishing integrations, may be offered as optional paid features. Your use of any Future Service will be subject to additional terms notified to you at the time of purchase.

You are not obligated to purchase or use any Future Service. Your continued use of the core Platform features will not require payment unless separately notified.

To use the Platform, you must register for an Account by providing accurate, current and complete information as requested.

You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account.

You must notify us immediately at info@cycl.me if you become aware of any unauthorised use of your Account.

You may not create an Account on behalf of another person without their consent or create multiple Accounts for the same individual.

Cycl.me reserves the right to refuse registration or suspend an Account at its discretion, including where we reasonably believe a user has breached these Terms.

The Platform is designed for use within trusted groups of people who know each other offline. By joining or creating a Circle, you confirm that you have a pre-existing personal relationship with the other members of that Circle.

You are responsible for the members you invite to a Circle. You must not invite individuals you do not know personally or who you have reason to believe may misuse the Platform.

Cycl.me does not verify the identity of users or the nature of relationships between Circle members. We rely on users to maintain the integrity of their Circles.

When listing an Item, you warrant that:

• you are the owner of the Item or have the owner's express permission to list it;
• the Item is accurately described, and any photographs are a true representation of its current condition;
• the Item is clean, safe and fit for the purpose described; and
• listing or transferring the Item does not breach any third-party rights, agreements or applicable laws.

You must update or remove a listing promptly if the Item is no longer available or if the information becomes inaccurate.

Cycl.me does not inspect, verify or endorse any Item listed on the Platform. We make no representations about the condition, quality, safety or suitability of any Item.

The Transfer of any Item between users is entirely the responsibility of the two users involved in that Transfer. Cycl.me is not a party to any Transfer and accepts no responsibility or liability in connection with any Transfer.

Once two users agree to a Transfer through the Platform's messaging function, all arrangements for the physical exchange of the Item, including in-person pickup, postal delivery, packaging, postage costs, transit risk and delivery confirmation, are the sole responsibility of those two users.

Where users choose to send an Item by post or courier, they do so entirely at their own risk and expense. Cycl.me does not arrange, coordinate, insure or take any responsibility for postal or courier services used by users.

Cycl.me strongly recommends that users:

• agree in writing, including via the Platform's messaging function, on the condition of an Item before Transfer;
• use tracked postage or delivery services where Items are sent by post; and
• confirm receipt of an Item promptly after delivery.

Any dispute arising from a Transfer, including disputes about Item condition, loss in transit, non-return of a borrowed Item or any other matter, is a matter between the relevant users. Cycl.me has no obligation to mediate, resolve or compensate in connection with any such dispute.

Cycl.me does not provide insurance for Items listed on or transferred through the Platform. Users are responsible for obtaining any insurance they consider appropriate.

You agree to use the Platform in good faith and in accordance with these Terms and all applicable laws.

You must not:

• use the Platform for any commercial purpose, including the sale, rental or commercial exchange of Items;
• list Items that are counterfeit, stolen, prohibited by law or that infringe any third-party intellectual property rights;
• use the Platform's messaging function to harass, threaten, defame or engage in any unlawful communication with other users;
• upload Content that is false, misleading, offensive, defamatory or in breach of any applicable law;
• attempt to gain unauthorised access to any part of the Platform or another user's Account;
• use automated tools, bots or scripts to access or interact with the Platform; or
• use the Platform in any way that could damage, disable or impair its operation.

Cycl.me reserves the right to remove any Content or listing that we reasonably consider to be in breach of these Terms or otherwise inappropriate, without notice.

10.1 You retain ownership of any Content you upload to the Platform. By uploading Content, you grant Cycl.me a non-exclusive, royalty-free, worldwide licence to use, store, display, reproduce and disclose to our service providers that Content, solely for the purpose of operating, providing and improving the Platform, including the automated image-tagging feature described in our Privacy Policy. We do not use your Content to train our own machine-learning models. Some features rely on trusted third-party providers who process your Content on our behalf to deliver the feature, for example automated image tagging; under their terms, those providers do not use your Content to train their models.

10.2 You warrant that any Content you upload does not infringe the intellectual property rights of any third party and that you have all necessary rights to grant the licence in clause 10.1.

10.3 All intellectual property rights in the Platform, including its software, design, branding, trade marks and underlying technology, are owned by or licensed to Cycl.me. Nothing in these Terms grants you any rights in the Platform's intellectual property.

10.4 You must not reproduce, copy, modify, distribute or create derivative works from any part of the Platform without our prior written consent.

Cycl.me collects and handles personal information in accordance with our Privacy Policy, available at https://cycl.me/privacy.

By using the Platform, you consent to the collection, use and disclosure of your personal information as described in the Privacy Policy.

You acknowledge that other users within your Circle will be able to view your listed Items and your profile information as set out in the Platform's privacy settings.

To the maximum extent permitted by law, Cycl.me excludes all liability for any loss or damage arising from or in connection with:

• your use of or inability to use the Platform;
• any Transfer of an Item between users, including loss, damage, theft or non-return of any Item;
• any dispute between users;
• any Content uploaded by users;
• any interruption, suspension or termination of the Platform; or
• any unauthorised access to your Account.

Where liability cannot be excluded by law, including under the Australian Consumer Law, Cycl.me's liability is limited, to the extent permitted by law, to resupplying the relevant service or paying the cost of having the service resupplied.

Cycl.me is not liable for any indirect, incidental, special, consequential or punitive loss or damage, including loss of profits, loss of data or loss of goodwill, even if we have been advised of the possibility of such loss.

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.

You agree to indemnify and hold harmless Cycl.me, its officers, employees and agents from and against any claims, losses, damages, costs and expenses, including reasonable legal costs, arising from or in connection with:

• your breach of these Terms;
• your use of the Platform;
• any Transfer you participate in; or
• any Content you upload to the Platform.

Cycl.me does not warrant that the Platform will be available at all times, free from errors or interruptions, or that any defects will be corrected.

We may suspend, modify or discontinue the Platform, or any part of it, at any time, with or without notice, for maintenance, upgrades, security reasons or any other purpose.

Cycl.me is not liable for any loss or inconvenience caused by any unavailability or interruption of the Platform.

You may close your Account at any time by contacting us at info@cycl.me.

Cycl.me may suspend or terminate your Account, or your access to the Platform, at any time if:

• you breach these Terms;
• we reasonably suspect fraudulent, unlawful or harmful conduct;
• we are required to do so by law; or
• we decide to discontinue the Platform.

On termination of your Account, your right to use the Platform ceases immediately. Clauses that by their nature survive termination, including clauses 8, 10, 12, 13 and 16, continue in force.

These Terms are governed by the laws of New South Wales, Australia.

You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and the federal courts of Australia.

If a dispute arises between you and Cycl.me, you agree to contact us at info@cycl.me in the first instance to attempt to resolve the matter informally before commencing any legal proceedings.

Cycl.me may update these Terms from time to time. We will notify you of material changes by email or by a prominent notice on the Platform at least 14 days before the changes take effect.

Your continued use of the Platform after the effective date of any updated Terms constitutes your acceptance of those Terms.

If you do not agree to the updated Terms, you must stop using the Platform and close your Account before the changes take effect.

These Terms constitute the entire agreement between you and Cycl.me in relation to your use of the Platform and supersede all prior agreements, representations and understandings.

If any provision of these Terms is found to be invalid, unenforceable or illegal, that provision is severed and the remaining provisions continue in full force.

A failure by Cycl.me to exercise or enforce any right under these Terms does not constitute a waiver of that right.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Cycl.me may assign its rights and obligations without your consent.

These Terms do not create any partnership, joint venture, agency or employment relationship between you and Cycl.me.

For questions about these Terms or the Platform, please contact us at: