- Your Account. To access and use some of the Services, you may need to register with us and set up an account with your email address and a password (your “Account”). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account.
- Using Switching Gears. To use the Services, you must be over 18 years old. You agree that you will post in the appropriate category or area and you agree that you will not do any of the following bad things:
-violate any laws or the Posting Rules;
-post any threatening, abusive, defamatory, obscene or indecent material;
-be false or misleading;
-infringe any third-party right;
-distribute or send communications that contain spam, chain letters, or pyramid schemes;
-distribute viruses or any other technologies that may harm Switching Gears, the Services or the interests or property of Switching Gears users;
-impose an unreasonable load on our infrastructure or interfere with the proper working of the Services;
-copy, modify, or distribute any other person’s content without their consent;
-use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission;
-harvest or otherwise collect information about others, including email addresses, without their consent;and/or
-bypass measures used to prevent or restrict access to the Services.
- Fees and Services. We charge a fee for certain features or Services. If the feature you use incurs a fee, you will be able to review and accept that charge before purchase. Our fees are quoted in Australian Dollars, and we may sometimes change them. We’ll notify you of changes to our fees by posting the changes on the site. We may sometimes temporarily change our fees for testing purposes, promotional events or new features, these changes take effect from the time the price change is posted to the site. Our fees are non-refundable after the feature is supplied, and you are responsible for paying them when they are due. If you don’t, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using collection mechanisms, including third party debt collection services. Australian taxes associated with our Services will be collected where applicable. You agree to provide accurate information necessary for Switching Gears to comply with our obligations under applicable law. You are solely responsible for collecting and remitting any applicable taxes resulting from the sale of your items or services listed on Switching Gears Services.
- Content. Switching Gears Services contain content from us, you, and other users. Switching Gears is protected by copyright laws and international treaties. Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content). When you give us content, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future, including third party sites and Mobile Websites. You also waive all moral rights you have in the content to the fullest extent permitted by law. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
- Reporting Intellectual Property Infringements. Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We can remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, please contact Switching Gears using the contact form on the website. Only the intellectual property rights owner can report potentially infringing items or listings through the Switching Gears Contact page. After we receive request, Switching Gears will investigate and take the appropriate action.
- Third Party services on Switching Gears. We use the Stripe payment gateway for our financial transactions on our Services. You acknowledge and agree that by utilising any third party services through our Services (such as Stripe), you are bound by the terms and conditions of that third party and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services.
- Switching Gears is not able to access your complete financial details from Stripe. You acknowledge and agree that, to the extent permitted by law, we are not liable to you for any loss or damage you incur arising from your use of the Stripe method, unless such loss or damage was as a direct result of Switching Gears error, in which case our liability is limited in accordance with clause 11.
- Legal and Financial Advice. You acknowledge and agree that you have the opportunity to obtain independent legal and financial advice from appropriately qualified professional advisers and that you take into account your personal objectives, financial situation and needs before selling an item via our Services.
- You acknowledge and agree that the information provided by Switching Gears in relation to using Stripe’s services is factual in nature only and Switching Gears has not provided a recommendation or statement of opinion intended to influence your decision on whether or not to use Stripe’s services and that you cannot rely on any of Switching Gears advertising materials, terms, instructions or policies as a recommendation, statement of opinion or financial product advice.
- Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Services or that the Services will be uninterrupted or error-free. Notification functionality in the Services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. To the extent permitted by law, we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law. To the extent permitted by law, and without limiting any rights that you may have under the Australian Consumer Law, Switching Gears liability to you for any failure by Switching Gears to comply with any statutory guarantee under the Australian Consumer Law is limited to Switching Gears supplying the Services again or paying you the cost of having the Services supplied again.
- Switching Gears excludes any liability to you for any loss or damage suffered by you as a result of Switching Gears failing to comply with an applicable statutory guarantee under the Australian Consumer Law if you suffering such loss or damage was not reasonably foreseeable and was not directly caused by Switching Gears.
- Indemnification. You will indemnify and hold harmless Switching Gears and our affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
- Release. If you have a dispute with one or more Switching Gears users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
- Personal Information. By using the Services, you agree to the collection, transfer, storage and use of your personal information by us (the “data controller”) on servers located in the United States and in the European Union.
Switching Gears AU Pty Ltd
86 Gormanston Road
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received ten days following the date of mailing.
We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by you and by us.Send questions, comments or complaints to Switching Gears Customer Support.