Terms of Service Marketplace

TERMS AND CONDITIONS Marketplace

Last Updated: 12/12/2025

These are the Terms and Conditions ("Terms") of Bubcycle Pty Ltd ABN: 36 680 821 970 ("we", "us" or "our") and govern your ("you", "your") use of our website, services and purchase of products from us. By accessing our website, using our services, or purchasing products from us, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services or website.

You must be at least 18 years old to create an account, use our services, or make purchases from us. By registering an account or using our services, you represent and warrant that you meet this age requirement.

We operate as a peer-to-peer online marketplace connecting independent sellers and buyers of pre-owned children's items. Our platform provides the technological infrastructure to facilitate transactions between users, with sellers maintaining full responsibility for their product listings and sales.

These Terms establish the legal framework governing user interactions, platform usage, and transactional responsibilities. We are committed to providing a secure, transparent environment that supports fair and compliant online marketplace interactions.

  1. DEFINITIONS AND INTERPRETATION

1.1 Definitions In these Terms and Conditions, unless the context otherwise requires: "Buyer" means a User who purchases products from Sellers through the Platform. "Listing" refers to a product offered for sale by a Seller on the Platform, including all accompanying product descriptions, images, and pricing information. "Marketplace Fee" means any commission or fee charged by us for facilitating transactions on the Platform. "Platform" means the online marketplace accessible via our website and associated digital services, through which Users may interact and conduct transactions. "Seller" means a User who lists and offers products for sale through the Platform. "Transaction" means the complete process of a Buyer purchasing a product from a Seller through the Platform, including listing, payment, and delivery. "Users" collectively refers to all individuals accessing or using the Platform, including Sellers and Buyers.

1.2 Interpretation In these Terms and Conditions, unless the context otherwise requires, headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa, and words importing a gender include all genders. References to a person include an individual, company, partnership, joint venture, association, or corporate or unincorporated body.

  1. PLATFORM SERVICES

2.1 Platform Purpose We operate an online marketplace facilitating transactions between independent sellers and buyers of pre-owned children's items. The Platform provides technological infrastructure to enable Users to list, browse, and purchase products.

2.2 User Eligibility Users must be at least 18 years old to create an account, list items for sale, or make purchases through the Platform. By registering an account or using our services, Users represent and warrant that they meet this age requirement and have the legal capacity to enter into binding transactions.

2.3 Account Creation To access certain Platform features, Users must create an account by providing accurate and current information. Users are responsible for maintaining the confidentiality of their account credentials and for all activities occurring under their account. Users must notify us immediately of any unauthorised use of their account.

2.4 User Responsibilities Users warrant and agree that in using the Platform they will not: (a) list items that are prohibited, dangerous, counterfeit, stolen or illegal; (b) misrepresent the condition, quality or characteristics of items listed for sale; (c) engage in conduct that could compromise the integrity of transactions or mislead other Users; (d) use the Platform to collect personal information about other Users without consent; (e) infringe any of our intellectual property rights of the rights of third parties; (f) transmit any viruses, malware or other destructive code; (g) attempt to gain unauthorised access to the Platform or other Users' accounts; (h) conduct transactions outside the Platform to avoid Marketplace Fees; (i) create multiple accounts to manipulate Platform ratings or listings; or (j) engage in any conduct that could damage our reputation or undermine the Platform's functionality.

We reserve the right to investigate potential breaches, suspend accounts, remove listings, and take appropriate legal action in response to violations of these terms.

2.5 Seller Responsibilities (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.

2.6 Buyer Responsibilities (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.

  1. LISTINGS AND SALES

3.1 Listing Requirements Sellers are solely responsible for the accuracy, content and legality of items listed on the Platform. Each listing must: (a) provide a clear and accurate description of the item; (b) include photographs that genuinely represent the item's condition; (c) specify the item's price and any additional costs; (d) comply with all applicable laws and Platform guidelines; and (e) not breach any third-party intellectual property rights.

3.2 Transactional Conduct (a) Buyers and Sellers must conduct transactions exclusively through the Platform; (b) Users must fulfil their transactional obligations in good faith; (c) We are not a party to transactions between Users and do not guarantee the performance of Users.

  1. PAYMENT AND TRANSACTION TERMS

4.1 Transaction Payment (a) Sellers determine the pricing of their listed items; (b) We may charge a Marketplace Fee for transactions completed through the Platform; (c) Prices are to be displayed in Australian dollars and include all applicable taxes; (d) Payment methods and processing are governed by the Platform's payment terms; (e) All financial transactions must be completed through the Platform's designated payment systems; (f) Users are responsible for any third-party payment processing fees; (g) We may impose reasonable transaction limits or verification processes.

4.2 Payment Disputes (a) Payment disputes are primarily the responsibility of the Buyer and Seller; (b) We provide communication tools but are not obligated to resolve payment conflicts; (c) Repeated payment issues may result in account suspension.

  1. PLATFORM AVAILABILITY AND MODIFICATIONS

5.1 Platform Service Rights We reserve the right to modify, suspend, or discontinue the Platform. This includes the ability to change Platform features, functionality, or availability, and to impose limits on certain features or entire Platform access. We are not liable for any modifications or discontinuation of services.

5.2 Service Availability We do not guarantee uninterrupted or error-free Platform operation or continuous access to Platform services. The Platform may be unavailable due to maintenance, technical issues, or other reasons.

5.3 Third-Party Links and Integrations The Platform may contain links to third-party websites or services. We are not responsible for the content or practices of these external sites. Users access third-party links at their own risk.

  1. USER INTERACTIONS AND CONDUCT

6.1 Communication Standards (a) Users must communicate respectfully and professionally through Platform channels; (b) Users must not use the Platform to harass, intimidate or discriminate against other Users; (c) Users must protect the privacy of other Users and not misuse personal information; (d) We reserve the right to suspend Users who breach communication standards.

6.2 Dispute Resolution (a) Users are expected to attempt to resolve transaction disputes directly and in good faith; (b) We may provide mediation tools but are not obligated to resolve individual disputes; (c) Persistent or serious disputes may result in account suspension or termination.

6.3 Prohibited Conduct (a) Users must not attempt to circumvent Platform safeguards; (b) Users are prohibited from manipulating ratings, reviews or transaction histories; (c) Users must not engage in fraudulent or deceptive practices; (d) Users must not use the Platform for any illegal or unethical purposes.

6.4 User Reputation and Performance (a) We may implement a user rating or performance tracking system; (b) Repeated poor performance may result in restricted Platform access; (c) Users consent to performance monitoring as a condition of Platform use.

  1. PLATFORM FEES AND FINANCIAL TERMS

7.1 Marketplace Fees (a) We may charge fees for transactions completed through the Platform; (b) Fee structures will be clearly communicated and may vary based on item category or transaction value; (c) We reserve the right to modify fee structures with reasonable notice to Users.

7.2 Payment Processing (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.

7.3 Revenue Allocation (a) Sellers will receive payment for items sold, less any applicable Marketplace Fees; (b) Payment timing and methods will be determined by our payment policies;
(c) We may implement holding periods or verification processes for transaction funds.

7.4 Financial Responsibilities (a) Users are solely responsible for reporting income and complying with taxation obligations; (b) We do not provide tax advice or act as a financial intermediary; (c) Users acknowledge that we are not responsible for financial outcomes of transactions.

  1. INTELLECTUAL PROPERTY AND CONTENT

8.1 Platform Content (a) All content on the Platform, including text, graphics, logos, designs, and software, is owned by us or our licensors; (b) Content is protected by Australian and international intellectual property laws; (c) Users may not reproduce, distribute, modify, or create derivative works from Platform content without prior written consent.

8.2 User-Generated Content (a) Users retain ownership of content they create or upload to the Platform; (b) By posting content, Users grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and distribute such content; (c) Users warrant they have the right to post content and that it does not infringe third-party rights.

8.3 Content Restrictions (a) Users must not upload content that is: (i) offensive, defamatory, or obscene; (ii) infringes intellectual property rights; (iii) violates any laws; or (iv) could harm or interfere with Platform operations; (b) We reserve the right to remove or modify user content without notice.

  1. PRIVACY AND DATA PROTECTION

9.1 Data Collection (a) We collect and process User data in accordance with our Privacy Policy; (b) By using the Platform, Users consent to the collection and use of their personal information; (c) The Privacy Policy forms an integral part of these Terms and Conditions. 9.2 User Consent (a) Users agree to provide accurate and current personal information; (b) Users must update their information to ensure its accuracy; (c) We may verify user-provided information.

9.2 Data Usage (a) We may use User data to: (i) facilitate Platform transactions; (ii) improve Platform services; (iii) communicate Platform updates; (iv) comply with legal obligations;

9.3 Data Protection (a) We implement reasonable security measures to protect User data; (b) Users acknowledge that no digital platform can guarantee absolute data security; (c) Users must take steps to protect their own account information.

  1. PLATFORM SUSPENSION AND TERMINATION

10.1 Account Suspension (a) We reserve the right to suspend or restrict User accounts for: (i) breach of these Terms and Conditions; (ii) suspected fraudulent activity; (iii) repeated violation of Platform guidelines; (iv) disruption of Platform operations; (b) Suspension may be temporary or permanent; (c) We are not liable for any losses resulting from account suspension.

10.2 Termination (a) We may terminate a User's access to the Platform: (i) with or without notice; (ii) at our sole discretion; (iii) for any reason or no reason; (b) Upon termination, Users lose access to Platform services and their account; (c) Certain provisions of these Terms survive account termination. 10.3 User-Initiated Termination (a) Users may terminate their account at any time; (b) Termination does not affect obligations arising from previous transactions; (c) Users remain responsible for completing any ongoing transactions.

  1. LIABILITY AND INDEMNITY

11.1 No warranties We provide the Platform on an "as is" basis and makes no representations or warranties about its functionality, reliability, or availability.

11.2 Exclusion of Liability To the maximum extent permitted by law, we exclude all liability for any claim arising from or in connection with these terms, your use of the website, or transactions on the Platform. This includes liability for indirect, consequential, special, incidental, or punitive damages including loss of profits, loss of data, business interruption, or loss of opportunity, whether arising in contract, tort, negligence, or otherwise, even if we have been advised of the possibility of such damages.

11.3 Damage Limitations Users acknowledge and agree that we will not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, data, or business opportunity.

11.4 Liability Cap Our total liability, if any, will be limited to the value of the transaction giving rise to the claim.

11.5 User Indemnity Users agree to indemnify and hold us harmless from any claims, losses, or expenses arising from: (a) breach of these Terms; (b) use of the Platform in a manner contrary to its intended purpose; or (c) violation of any safety instructions or guidelines provided.

11.6 Survival of Indemnity This indemnity survives the termination of the User's account.

11.7 User Risk Users use the Platform entirely at their own risk.

  1. DISPUTE RESOLUTION

12.1 User Responsibility Users are primarily responsible for resolving any disputes arising from transactions directly with the other party involved.

12.2 Platform Dispute Tools (a) We may provide communication tools to facilitate dispute resolution; (b) Use of these tools is voluntary and we are not obligated to intervene or resolve disputes; (c) We reserve the right to take action against Users who repeatedly breach Platform guidelines.

12.3 Limited Platform Intervention (a) We are not a party to transactions between Users; (b) We are not obligated to mediate, resolve, or provide judgment on User disputes; (c) Any Platform intervention is at our sole discretion.

12.4 Legal Proceedings Any legal proceedings must be between the disputing Users, and we have no legal responsibility to participate or resolve the dispute.

  1. GENERAL TERMS

13.1 Changes to Terms

We may update these Terms from time to time. Material changes will be notified to you via email or prominent notice on our website. Continued use of our services after changes constitutes acceptance of the updated Terms.

13.2 Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, government actions, laws or regulations, strikes, lockouts or other industrial disputes, war, terrorism, civil unrest, failure of telecommunications or internet services, or failure of suppliers or subcontractors. If we are affected by a force majeure event, we will use reasonable endeavours to minimise the impact on you and will notify you as soon as reasonably practicable. Our obligations will be suspended for the duration of the force majeure event, and we will resume performance as soon as reasonably practicable after the event ceases.

13.3 Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Any legal proceedings will be conducted in accordance with New South Wales law and procedure, and you and we submit to the exclusive jurisdiction of the New South Wales courts.

13.4 Severability

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

13.5 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of our website, services and purchase of products from us, and supersede all prior negotiations, representations, or agreements relating to the subject matter. No modification of these Terms will be effective unless made in writing and agreed to by us.

13.6 Contact Information

If you have any questions about these Terms, please contact us at: Bubcycle Email: support@bubcycle.com.au