- 1. Information you give us
- 2. Information we collect when you use our services
- 3. How we use the information?
- 4. How we share information?
- 5. How we protecting your information?
- 6. Your rights
- 7. Changes
- 8. Contact us
1. Information you give usWhen you use Dressium we need some information from you in order to provide you with a good experience of our services. We collect any information that you provide to us through the app, if you don’t provide us with some or all of this information, it may affect the app’s functionality. For example, we may not be able to consider or process your payment, match your dresses with other user’s dresses, or provide a particular service you have requested.
When creating an account via email, we collect your: first name, last name and email address.
When creating an account via Facebook, we collect your: Public profile (name and profile picture) and Facebook email.
When you complete your profile, you can share with us additional information and content, such as photos. To add pictures, you may allow us to access your camera or photo album.
When you subscribe to a paid service or make a purchase directly from us (rather than through a platform such as iOS or Android), you provide us or our payment service provider with information, such as your debit or credit card number or other financial information.
We also process your chats with other users as well as the content you publish, as part of the operation of the services.
2. Information we collect when you use our servicesWe collect information about your activity on our services, for instance how you use them (e.g., date and time you logged in, features you’ve been using, searches, clicks and pages which have been shown to you) and how you interact with other users (e.g., users you interact with, time and date of your exchanges, number of messages you send and receive). We collect information from and about the device(s) you use to access our services, including: hardware and software information such as IP address, device ID and type, device-specific and apps settings and characteristics, app crashes, advertising IDs (such as Google’s AAID and Apple's IDFA, both of which are randomly generated numbers that you can reset by going into your device’ settings), browser type, version and language, operating system, time zones, identifiers associated with cookies or other technologies that may uniquely identify your device or browser (e.g., IMEI/UDID and MAC address) If you give us permission, we can collect your precise geolocation (latitude and longitude) through various means, depending on the service and device you’re using, including GPS, Bluetooth or Wi-Fi connections. The collection of your geolocation may occur in the background even when you aren’t using the services if the permission you gave us expressly permits such collection. If you decline permission for us to collect your geolocation, we will not collect it. Similarly, if you consent, we may collect your photos (for instance, if you want to publish a photo on the services).
3. How we use the information?The main reason we use your information is to deliver and improve our services. We may also use your info to help keep you safe and to provide you with advertising that may be of interest to you.
We use your information to administer your account, complete your transactions, to help you connect with other users and show your dress items to other users. We also use your information in order to communicate with you by email or mobile device about products or services that we think may interest you.
The information can also help to prevent, detect and fight fraud or other illegal or unauthorized activities, address ongoing or alleged misbehaviour on and off-platform.
We will generally use the information only to:
- 1. allow you to use the app;
- 2. communicate with you;
- 3. comply with our legal obligations; and
- 4. help manage and enhance our services.
Use of Push NotificationsWe will send you push notifications if you choose to receive them for purposes of receiving notice of dress matches, letting you know when someone has sent you a message, or for other service-related matters. If you wish to opt-out from receiving these types of communications you may turn them off at the device settings.
4. How we share informationThe main sharing of users' information is with other users. You share information with other users when you voluntarily disclose information on the service. We also share some users’ information with service providers and partners who assist us in operating the services. These third parties assist us with various tasks, including data hosting and maintenance, customer care, marketing, advertising, payment processing and security operations.
If we share your information with third parties, we don’t do it in a manner that would reveal your identity. We may share your personal information, sometimes in conjunction with non-identifying information, with service providers that may be associated with us to perform functions on our behalf. Your information will be treated as private and confidential by such service providers and not used for any other purpose than we authorize.
Third-Party AdvertisingWe may use third-party advertising agencies or other service providers to serve ads on our website on behalf of Dressium. These companies may employ cookies or pixels to measure advertising effectiveness. Any information that these third parties collect via cookies and pixels is anonymous.
We will only transfer your personal information to third parties, other than those mentioned above, in the following circumstances:
- to protect or defend:
- our legal rights or property; or
- our employees, agents and contractors;
- to protect the safety and security of our website and other clients;
- protect against fraud or for risk management purposes;
- to comply with law or legal process; or
- to enable the transfer of our organisation or its assets to another entity.
5. How we protecting your informationWe work hard to protect you from unauthorized access to or alteration, disclosure or destruction of your personal information. While we cannot guarantee your personal information is completely secure at all times, we have administrative and technical, and physical security measures in place to help protect against the loss, misuse and alteration of the information collected and processed. These measures include the use of firewalls, digital certificates, Security Socket Layer (SSL)and encryption technology during credit card transactions and administrative access to site data, as well as other proprietary security measures which are applied to all repositories and transfers of user information.
We retain your personal information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws.
We regularly monitor our systems for possible vulnerabilities and attacks and regularly review our information collection, storage and processing practices to update our physical, technical and organizational security measures.
We may suspend your use of all or part of the services without notice if we suspect or detect any breach of security.
6. Your rightsYou have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please contact us at firstname.lastname@example.org If you want to request deletion of your account, you can do so by using the corresponding functionality directly on the service. Alternatively, contact us at email@example.com and we can do it for you.
We want to make sure that your personal information is up to date. You may ask us to correct or remove information which you think is inaccurate. If you have any queries or concerns about your rights, please contact the Office of Australian Information Commissioner (OAIC).
Terms and ConditionsBefore you use our app, we need to set out our terms and conditions of use. These terms and conditions regulate your use of the app and by using the app you acknowledge and agree that these terms and conditions are the rules of access and use of our app.
- 1. Parties
- 2. Services
- 3. Warranty and Indemnity
- 4. Limitation of liability
- 5. Agreement to policies
- 6. Term and termination
- 7. Disputes
- 8. Notices
- 9. Third-party links and advertising
- 10. General
- 11. Interpretation
1. PartiesThis is an agreement between you as the app user (User) and Dressium operated by Waveflow ABN 40 293 689 740 (App Provider).
By using Dressium (App) or creating an account through the App, the User agrees to these terms of service. In order to use Dressium you need to
- 1. be 18 years or older, or be 13 years or older and have your parent or guardian's consent to the Agreements;
- 2. have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
If the User agrees to these terms and conditions on behalf of an entity, the User represents and warrants that the User has the authority to bind that entity to these terms and conditions. In that event, the word “User” will refer to and apply to that entity.
2. ServicesThe App allows Users to take photos, upload and publish their dresses to the App, where they can match with other user’s dresses (Services). They can swap or buy dresses from other users. All users are responsible for carrying out the swap or buy/sell at location or post. Under these terms and conditions, the App Provider provides the Services to Users.
If you choose to create an account through Facebook/Instagram - then you are required to create an account exclusively with your own personal Facebook/Instagram account. If you choose to create an account through Google - then you are required to create an account exclusively with your own personal Google account. If you choose to create an account through email - then you are required to create an account exclusively with your own personal email.
Failure to do these shall constitute a breach of these Terms of Service, which may result in immediate termination of your use. You shall not use the Services as another User that is not your own.
You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service is prohibited and, in such circumstances, you agree not to use or access the App or Services in any way.
You may not, without the express prior written permission, do any of the following while accessing or using the Services:
- 1. Probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures.
- 2. Scrape the Services, and particularly scrape Content (as defined below) from the Service.
- 3. Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
Buy/SellUsers are able to set a price for their dress, and other users can send a Buy Request. The Seller decides whom to sell the dress to.
Service OptionsTo use Dressium does not require payment and is currently referred to as the “Free Version.” The other option (Premium) requires payment before you can access certain features. (the “Paid Subscription”).
Payments and CancellationsYou may purchase the Paid Subscription directly from Dressium or through a third party by paying a subscription fee in advance on a monthly basis. If you purchase the Paid Subscription (Premium), you authorize Dressium to charge you automatically each month until you cancel. Dressium may change the price for the Paid Subscription from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use Dressium after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect. If you decide to cancel the Paid Subscription the cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Version.
FeedbackWe value hearing from our users, and are always interested in learning about ways we can improve Dressium. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Dressium does not waive any rights to use similar or related Feedback previously known to Dressium or obtained from sources other than you.
SecurityWe care about the security of our users and take security very seriously. We will work to the best of our ability to maintain security. While we work to protect the security of their content and account, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures.
Please notify us immediately of any compromise or unauthorised use of your account.
RulesBy using the Service, you agree that you will not:
- . use the Service for any purpose that is illegal or prohibited by this Agreement.
- . use the Service in order to damage Dressium.
- . spam, solicit money from or defraud any users.
- . be false or misleading.
- . post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- . post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- . bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
- . post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- . solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
- . use another user’s account, share an account with another user, or maintain more than one account.
3. Warranty and IndemnityThe App Provider does not represent, warrant or guarantee that:
- 1. Any User is reputable, or will act in good faith, or according to their terms of engagement;
- 2. Any information on the App will be complete, reliable or accurate; or
- 3. The User’s access to the App will be secure, available or uninterrupted.
- 1. A breach of:
- . the Competition and Consumer Law Act 2010 (Cth), Privacy Act 1988 (Cth) or Spam Act 2003 (Cth) or any other law which deals with commerce online; or
- . the Copyright Act 1968 (Cth), Trade Marks Act 1995 (Cth), Designs Act 2003 (Cth), Patents Act 1990 (Cth), or any other law which deals with intellectual property;
- 2.A breach of any law of the Commonwealth of Australia, or any state or territory of Australia which binds the User or the App Provider, including criminal, personal injury, civil liability and defamation laws; or
- 3.May bring the App Provider into disrepute or otherwise negatively impact on the reputation or business of the App Provider;
4. Limitation of liabilityInformation, opinions, statements and content on the App are provided for information purposes only and are not legal, financial, taxation, technical or expert advice. They must not be relied on by a User without first obtaining independent advice. The User releases the App Provider and its directors, agents or employees of any liability arising (whether directly or indirectly) out of the information provided on the App or through the App or any errors in, or omissions from information on the App. The App Provider will not be liable under any circumstances for any special, consequential, incidental, exemplary or indirect costs or damages, litigation costs, installation and removal costs, or loss of data, production or profit. The App Provider will also not be liable under any circumstances for any loss arising out of reliance on the information on or provided to the User through the App or provided to a User by another User on the App, nor any interruption, delay or impairment in the functioning, operation or availability of the App, exposure to or transmission of any computer virus, internet access difficulties in connection with the App, or malfunction in equipment or software. Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified. However, to the extent permitted by law, the parties agree that any implied terms are excluded from these terms and conditions. The liability of the App Provider to any User for any claim under these terms and conditions must not exceed the lower of:
- 1.the amount of fees received by the App Provider from the User;
- 2.the cost of the App Provider re-supplying the Services; or
- 3.the cost of the App Provider repairing the Services
6. Term and terminationThe term of these terms and conditions is from the date that the User first accesses the App or uses the Services until the agreement is terminated in accordance with this clause. The App Provider may terminate these terms and conditions at any time and for any reason by suspending, terminating, deleting or otherwise restricting the User’s access to the App or the Services. The User may terminate these terms and conditions at any time and for any reason by ceasing to access the App, or suspending, terminating, deleting or otherwise ceasing to use the Services. Unless otherwise agreed in writing, termination of these terms and conditions does not terminate any accrued rights of the parties prior to termination. Unless otherwise agreed in writing, a party must pay any amounts to another party which became due for payment under these terms and conditions prior to the date of termination.
7. DisputesA party must not start court proceedings (except proceedings seeking interlocutory relief) unless it has complied with clause 7. A party claiming that a dispute, difference or question arising out of these terms and conditions, including a question as to whether certain services are in scope or not, has arisen (Dispute) must give the other party notice of the details of the Dispute (Dispute Notice). When a Dispute Notice is given, the parties must refer the Dispute to the Chief Executive Officers, Managing Directors or other senior officers of each party for discussion and negotiation. If the parties cannot resolve a Dispute in accordance with this escalation procedure, either party may commence court proceedings. The parties must continue to perform their respective obligations under these terms and conditions pending the resolution of a Dispute. Each party must pay its own costs of complying with this clause 7.
8. NoticesAny notice, demand, consent, approval or communication under these terms and conditions must be in writing, in English and sent via our methods to contact us, or to the User’s email address provided.
9. Third-party links and advertisingThe App may display advertisements, which may or may not contain hyperlinks or buttons which take the User to Apps operated by third parties. The App Provider does not endorse or recommend its advertisers, their products or services, or the information, products or services of any App linked to the App. If the User contacts a third party through the App, including via email, The App Provider accepts no responsibility for any actions taken by that third party in connection with the User as user of that third party’s services. Any interactions with a third party App are not part of the App or included in the Services.
10. GeneralFrom time to time, the App Provider may post updated terms and conditions to the App. Those updated terms and conditions will apply to all use of the App from the time of posting onwards, and continuing use of the App will be taken to constitute agreement to the revised terms and conditions. Otherwise these terms and conditions may be altered only in writing signed by each party. A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver. Except where these terms and conditions expressly state otherwise, a party may, in its discretion, give conditionally or unconditionally or withhold any approval or consent under these terms and conditions. Neither party may assign its rights or obligations under these terms and conditions without the prior written consent of the other party which may not be unreasonably withheld. Any assignment will only be effective if it is made by way of a deed of assignment and assumption between the assigning party, the continuing party and the incoming party. A term or part of a term of these terms and conditions that is illegal or unenforceable may be severed from these terms and conditions and the remaining terms or parts of the term of these terms and conditions continue in force. Any indemnity or any obligation of confidence under these terms and conditions is independent and survives termination of these terms and conditions. Any other term by its nature intended to survive termination of these terms and conditions survives termination of these terms and conditions. These terms and conditions constitute the entire agreement of the parties about its subject matter and supersedes all previous agreements, understandings and negotiations on the subject matter. Except where these terms and conditions expressly states otherwise, it does not create a relationship of employment, trust, agency or partnership between the parties. Unless otherwise stated, the rights, powers and remedies provided in these terms and conditions are in addition to and not exclusive of the rights, powers and remedies given by law independently of these terms and conditions. If force majeure prevents a party from fully or partly performing any obligation under these terms and conditions (except an obligation to pay money), the affected party’s obligation to perform that obligation is suspended while the force majeure continues. These terms and conditions are governed by the law of the State of New South Wales and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
11. InterpretationIn these terms and conditions, except where the context otherwise requires:
- 1. the singular includes the plural and vice versa, and a gender includes other genders;
- 2. another grammatical form of a defined word or expression has a corresponding meaning;
- 3. a reference to a clause or schedule is to a clause of, or schedule to, these terms and conditions, and a reference to these terms and conditions includes any schedule;
- 4. a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
- 5. a reference to dollars, $ is to Australian currency;
- 6. a reference to a party is to a party to these terms and conditions, and a reference to a party to a document includes the party's executors, administrators, successors and permitted assigns and substitutes;
- 7. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
- 8. a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
- 9. the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
- 10. any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;
- 11. any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
- 12. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these terms and conditions or any part of it.