As at 7 February 2024
1. Introduction
1.1. These Terms of Use ("Terms") explain the contractual relationship between you and Serenade Sound Pty Ltd trading as Loop ("Loop," "us," "our," or "we"), regarding your use of, and access to, our website located at https://loopresale.com/ and any branded resale marketplaces that are built and operated by Loop (collectively, the "Website(s)") and the services and offerings made available to you through the Website, including without limitation all features and functionality thereof (together with the Website, the "Service"). These Terms of Use and our Privacy Policy, located at https://loopresale.com/privacy-policy/, govern your access to and use of the Service and your purchase of any Products (as defined below) via the Website, and constitute a binding legal agreement between you and Loop.
1.2. We recommend you read these Terms, our Privacy Policy and any other relevant documents relating to our Service. By accessing or using our Services, or by purchasing any products from or through the Website, you understand and agree to be bound by these Terms.
1.3. If you violate these Terms, we may terminate your right to use the Service as well as exercise any other rights or remedies available to us.
1.4. We limit the use of the Service to individuals that are at least the legal age of legal majority in their location of residence. By using and accessing the Service or by purchasing any Products, you represent and warrant that you are at least the age of legal majority in your location of residence.
1.5. We may amend any part of these Terms by adding, deleting, or varying its Terms from time-to-time in our discretion. We will provide you with notice of the proposed amendment by posting an amended version of these Terms with a new “Last Updated” date. We will include a link to the previous version of the terms beneath the new “Last Updated” date.
1.6. The amendments will take effect 10 days after the date on which the amended version is posted. Prior to that date, the previous version of these Terms will continue to apply.
1.7. If you disagree with any amendments, you should cease to use the Service immediately. If you do not cease using the Service then by your continued use, you are considered to have accepted the amendments.
2. Services
2.1. The Service provides an online marketplace where a user of the Service (“User(s)”) can list and sell items (“Products”). Users who purchase Products are called “Buyers”, and Users who list and sell Products are called “Sellers”. Sellers can either be private individuals, our brand partners, or other merchants authorized by our Brand Partner (“Authorized Resellers”). “Brand Partners” are the companies with whom Loop partners to provide brand resale marketplaces and which are also able to list and sell Products.
2.2. In using the Service, Buyers and Sellers enter into a contract for the sale and purchase of Products directly between themselves and Loop is not a party to such sale or purchase.
2.3. There are risks that you assume when dealing with others, and these risks are borne by you alone, and not Loop, or Loop’s Brand Partners. You are solely responsible for your evaluation of, and decision to use the Service, buy or sell Products, or transact any business or communications on the Service, and will be liable for all of your actions on the Service.
3. Registration
3.1. You are responsible for your use of the Service, and any use of the Service made using your account. The personal information you provide to us is governed by the Privacy Policy. You acknowledge that Loop may establish policies and practices concerning use of the Service, including policies that may delete or remove content or data, terminate inactive accounts, and any other policies and practices in Loop’s business interest. You further acknowledge that Loop reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
3.2. The Service is not available to minors (people under the age of legal majority in their location of residence), except in the limited circumstances outlined in our Privacy Policy.
3.3. If the User is found to be in breach of these Terms (“Breaching User”), Loop reserves the right to temporarily or permanently suspend the Breaching User from using the Services. Loop also has the right to terminate the account of any Breaching User.
3.4. You are responsible for maintaining the confidentiality of your password and account and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of account security. Loop will not be liable for any loss or damage arising from your failure to comply with this Section.
4. Third Party Material
4.1. The Service may contain links to other websites and/or other third-party content. These links are provided solely for your convenience; Loop does not undertake any obligation to review or monitor any third-party websites linked from or to the Service and does not make any representations or warranties with respect to such third-party websites. If you decide to access a linked third-party website, you do so at your own risk. Loop shall not be responsible for any information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. The inclusion of these links does not imply any endorsement, representation or warranty by Loop with respect to any such website or the content or services contained through such websites. You agree not to link any websites to the Service without the express prior written consent of Loop.
5. User’s Responsibilities
5.1. As a User, you are solely responsible for all information, descriptions, pictures, listings, data, text, music, videos, media, comments, or any other materials (“User Content”) that you upload, post, publish, transmit, or display (“Post”) via the Service. Any User Content, Posts, or Use of the Service that is illegal is prohibited by Loop. Loop may, to the extent permissible by law, investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Service, your User Content, Posts, or Use, without limitation, including preservation of such information for investigative purposes.
5.2. You agree to not use the Service to:
6. User’s Content
6.1. As a User of the Service, you acknowledge and agree that all Content that you Post through the Service (“User Content”) is intended to be shared with other Users.
6.2. By posting User Content on or through the Service, you represent and warrant that:
6.3. By posting or otherwise transmitting any User Content you hereby grant and will grant to Loop and its affiliated companies a non-exclusive, worldwide, royalty free, fully paid up, transferable, sub-licenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of Loop, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation to publishing your User Content on the Internet, including without limitation to social media platforms like Facebook, sharing it with blogs, etc., and allowing other Users to share listings that include your User Content). Any use by us of your User Content will be subject to our Privacy Policy.
6.4. We may refuse to accept or display User Content, and may remove or delete all or any portion of the User Content at any time. To the extent permitted by applicable laws and regulations, Loop is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content, and that such User Content is not the responsibility of Loop. We are not under any obligation to review any User Content posted by Users on the Service, although we reserve the right to do so with or without notice, to prevent or rectify any alleged violations of these Terms or any applicable law. We reserve all defenses made available to us by applicable laws, rules, or regulations.
6.5. Any and all User Content you upload is not considered confidential by Loop, will be treated as public information, and you agree and understand is intended to be shared with other users of our Service as well as third parties, all in Loop’s sole discretion, and Loop has no control or liability over what other Users do with your User Content. You understand and agree that Loop will not be liable for any treatment of your User Content as confidential and waive all rights with respect to any such claims of confidentiality.
7. Intellectual Property Rights
8. Limitations
9. Purchase and Sale Transactions
10. Seller responsibilities
10.1. As a Seller, whether a Buyer, Brand Partner, or Authorized Reseller, you agree that you have all rights necessary to sell the Products you make available, and will describe such Products truthfully, accurately, and completely.
10.2. For sales and purchases where the Brand Partner or Authorized Reseller is the Seller, it is the responsibility of the Seller to comply with all its applicable consumer protection obligations, including making the requisite declarations to the relevant authorities so as to comply with the applicable regulatory provisions, and Loop hereby disclaims any liability in this respect to the extent permitted by applicable law.
10.3. The Brand Partner and Authorized Resellers may engage in separate agreements that govern an Authorized Reseller’s ability to sell on the Company Marketplace. The Brand Partner has the sole ability to permit or prohibit Authorized Resellers to sell on the Company Marketplace.
11. Brand Partner responsibilities
11.1. The information stated in Section 12.2 does not apply to sale and purchases between private individuals.
11.2. Right to make a complaint. As a Buyer and consumer, you have a right to make a complaint within one (1) year from the time you received the Product if not otherwise provided by applicable mandatory law in your country of residence. If the Product is defective according to applicable mandatory law, it is the Seller’s responsibility to rectify this. In case the Product is sent back to the Seller, it is the Seller who pays for the return shipping. To rectify the situation, the Seller will be responsible to, for example:
12. Buyers’s responsibilities
12.1. As a Buyer, you are solely responsible for reading and reviewing the Product listing before making an offer or purchasing. You will make payments in accordance with Section 14.
13. Purchases
13.1. Buyers may purchase Products from Sellers, and this is a binding contract. Upon purchasing a Product, the Buyer is obligated to remit payment for the Product to Loop including any shipping or additional fees listed. Loop is not an auctioneer, nor is it a Seller or carrier. The Service includes pricing, listing, and shipping assistance, but Loop is not a Buyer or Seller of Products. Loop may delay any Purchase for purposes of fraud detection or to protect Users from other illegal or wrongful activities. Loop considers all Product purchases as final, with no returns, refunds, cancellations, or retractions allowed, except where the purchase is cancelled, where explicitly permitted by Loop, the Seller (where applicable) or when the Brand Partner or Authorized Resellers are acting as a Seller and are required to fulfill such obligations towards the consumer according to mandatory law, please see additional information in Section 10. In case such measures are permitted by the Seller or otherwise required by mandatory law, the Seller will bear all costs related thereto without any cost for Loop
14. Payments
14.1. Buyers may pay for Products using payment methods approved by Loop, and Loop will receive payment from Buyer on behalf of Seller. Seller must approve terms of payments methods approved by Loop. By submitting payment information to Loop you authorize Loop to pass on any information to a third-party payment processor and with your confirmation, charge you for any Products purchased.
15. Shipping
15.1. Loop will provide Seller with a prepaid shipping label (“Label”) via email upon purchase of the Product by a Buyer for the Seller to send the Product to the Buyer. Loop reserves the right to discontinue providing Labels to any or all Users at any time and for any reason. Seller must ship the Product to the Buyer. Buyers are responsible for any shipping costs incurred with respect to their purchased Product. By submitting personal and address information to Loop, you authorize Loop to store that information for delivery purposes. The Seller must ship Product within six (6) business days of receipt of the Label, and if Seller does not ship the Product within such time period, we will notify Seller and give the Buyer the option to cancel their order. When using a Label, Seller must only use the Label to ship a Product, Seller is fully responsible for the contents of the parcel, complying with these Terms and complying with all conditions of the shipping carrier.
16. Transfer of Risk and Title
16.1. Risk transfers from Seller to Buyer upon shipment. When the Brand Partners acts as a Seller, the risk will transfer to the Buyer upon delivery in accordance with applicable consumer law. Title transfers from the Seller to the Buyer when payment is paid by the Buyer in full. If a Product is lost, damaged, late, or arrives not as expected to Buyer, Buyer must report issue to Loop three (3) days after delivery or expected delivery. Once Buyer confirms receipt and acceptance of the Product, either by affirmatively notifying Loop or failing to notify Loop within three (3) days of delivery (as determined by tracking information), Loop will credit Seller’s account with amount equal to the purchase price of the Product including any applicable taxes, shipping cost and the Fee. Funds may be redeemed by Seller through Loop’s permitted third-party payment provider(s), or converted to Brand Partner store credit by the Seller.
17. Sole Traders
17.1. Private individuals who act as Sellers and that sell items regularly and/or that sell a large number of items may be qualified as sole traders by the tax or other authorities and may therefore be subject to the obligations that are applicable to sole traders by virtue of the applicable regulations and these Terms. It shall be the responsibility of such Sellers to comply with all their obligations, including making the requisite declarations to the relevant authorities so as to comply with the applicable regulatory provisions, and Loop hereby disclaims any liability in this respect.
18. Taxes
18.1. Purchased Products may be subject to applicable Value Added Tax (“VAT”) in your jurisdiction, which Loop will collect from Buyers on behalf of Sellers where obligated to do so and, in the event taxes are collected and Loop is legally obligated to do so, remit such taxes to applicable taxing authorities on behalf of Sellers. Where applicable, VAT is included in the listed price for Products. Taxes are based on several factors, including price, location, and provincial, local, federal, or other applicable rates at time of purchase. Although we may assess taxes upon purchase or sale you are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where Loop does not collect taxes on your behalf.
19. Returns
19.1. Unless as otherwise provided herein, Loop does not allow returns. If a Product you buy is not as described on the Service, you, as the Buyer, are required to report the issue through the Service or by emailing [email protected] within three (3) days after delivery of the Product as determined by Loop using tracking information. Loop shall have final determination regarding the accuracy of item descriptions and has the sole authority to determine whether a refund is or is not warranted. Buyer and Seller understand and agree that they will abide by any final determinations made by Loop in respect to any such issues and returns. What is stated in herein must not in any way derive you from any of your rights according to applicable mandatory consumer law.
20. Disclaimer of Warranties
20.1. To the maximum extent permitted by law, Loop makes no warranty that:
20.2. Loop makes no warranty or guarantee regarding the authenticity, quality, safety or legality of any Products offered or sold through the Service, nor the truth or accuracy of any listings, or ability of Buyers and Sellers to transact any business on the Service.
20.3. The laws of certain jurisdictions do not allow limitations on implied warranties or the exclusions or limitations of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations set forth in these might not apply to you, and you may have additional rights.
21. Limitations on Liability
To the maximum extent permitted by applicable law, Loop is not liable for:
21.2. You are solely responsible for your interactions with other Users, including any purchase or sale transactions. You agree Loop will have no liability or responsibility with respect to such interactions, purchases, or sales. Loop reserves the right but is under no obligation to become involved in any dispute between you and another User.
21.3. To the maximum extent permitted by law, you understand and agree that in no event shall Loop be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the Service and/or Products, whether or not Loop has been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with this agreement, or from any communications, interactions or meeting with other Users of the Service, on any theory of liability (including contract, tort including negligence, or howsoever otherwise) arising out of, in connection with, or resulting from:
21.4. To the maximum extent permitted by applicable laws and regulations, under no circumstances will Loop be liable to a User, Buyer or Seller, regardless of whether the claim is based in contract, tort including negligence, strict liability, or otherwise, for more than the greater amount of (1) the fees that you have paid to Loop as a Seller in the six (6) months prior to the accrual of the claim, or,(2) one thousand United States Dollars (USD 1,000).
21.5. The limitations of this section will not apply to any liability that cannot be excluded or limited by law. Our licensors, and service providers will have no liability of any kind under these Terms.
22. Indemnity
22.1. By using the Service, you agree to defend, indemnify and hold us, our affiliates, Brand Partners, officers, members, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service or Products, including without limitation the creation, placement or transmission of any message, information, software or other materials through the Service by you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.
23. Governing law
23.1. These general terms and conditions are subject to the laws of Australia or the laws of the country of mandatory legislation.
24. Dispute Resolution
24.1. Loop is always interested in resolving disputes amicably and efficiently. If you have any concerns or disputes, please email customer support at [email protected].
24.2. Should Loop and the User fail to resolve their dispute, the dispute shall be resolved in an Australian court or the court determined in accordance with the mandatory legal regulations regarding the place of jurisdiction.
25. If you as a User, would be considered a consumer
25.1. Consumers have certain rights according to mandatory consumer protection laws and regulations. Nothing in these Terms shall deprive, limit or change the User’s rights, in case you would be considered a consumer. Loop does not intend to impose greater responsibility on you than was is proscribed by mandatory consumer protection laws and regulations of your country of residence.
26. Suspension and Termination
26.1. We may terminate your access to the Service at any time, with or without notice, for conduct which violates these Terms or our policies or is harmful our business interests or if your account is inactive. We also reserve the right to suspend or cease providing the Service at any time, with or without notice, and we shall have no liability or responsibility to you if we do so. This includes without limitation the right to refuse service, terminate accounts, remove or edit User Content and/or cancel orders in our sole discretion. If your access to the Service is terminated, you will remain personally liable for any orders you placed or charges or other liabilities incurred by you prior to such termination.
27. Notices
27.1. We may provide you with notices and messages to you within the Service, or if required, via email or regular mail. You may provide Loop notice addressed via mail to the address noted in Section 32 (Questions & Comments) below and such notice will be deemed provided once received by Loop.
28. Entire Agreement
28.1. These Terms and the Privacy Policy constitute the entire agreement between you and us with respect to the use of the Service, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
29. Assignment
29.1. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
30. General
30.1. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created.
31. Questions and Comments
31.1. Please contact us with any questions, comments, or to report a violation of this Agreement: [email protected]
