Terms & Conditions

Design Therapy peer-to-peer (P2P) marketplace that connects Buyers and Sellers in designer homeware, furniture and accessories. In using our marketplace in any way (including but not limited to browsing the Website), you (the “member” or “you”) agree to these Terms of Use, including any additional policies, terms or conditions referenced herein and/or available by hyperlink. This Agreement applies to all members of the Services, including without limitation to members who are customers, merchants, vendors and/or contributors of any content/information, or other services or materials on our Website.

Please read these Terms carefully before accessing or using the information and services available through the Website. By accessing or using the Website, you agree to the terms and conditions herein. Design Therapy may modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified Terms on the Website.

Design Therapy is an online Marketplace
Design Therapy is an online marketplace that allows members to buy or sell certain goods within a fixed-price format. Sellers also have the ability to accept or decline offers from any members at their discretion. Design Therapy is not in any way directly involved in the transaction between a Buyer or Seller.  Design Therapy has no control over the quality, morality, legality or safety of any aspect of any item listed, as well as no control over the accuracy or truth of any listings or information provided by the Seller, or the ability of Sellers to sell items, or the ability of Buyers to pay for items. Design Therapy does not pre-screen members or the content or any of the information provided by members. Design Therapy cannot ensure that a Buyer or Seller will actually complete a transaction.

The legal ownership of purchased items on Design Therapy is transferred by the Seller to the Buyer upon completion of a sale. Design Therapy recommends you to communicate directly with any member you are potentially creating a transaction with through the messaging feature on the Website or mobile application. As a member, you agree that Design Therapy is a marketplace and because of this is not responsible or liable for any content, including (but not limited to) text, data, information, names of members, images, graphics, photos or photographs, profiles or profile information, video, audio, items, and links or hyperlinks posted by you, other members, or outside parties on Design Therapy. You use all our Services at your own risk.

Membership Eligibility
At our sole discretion, Design Therapy may refuse access to use of any of our Services to any person, or entity. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.

 Age
Our Services may only be used by members who are 16 years and older, and who are able to form legally binding contracts under applicable law. If you are using our Services, registering with our Website, or creating an account in order to use the Services we provide, you represent and warrant that: (a) you are at least 16 years old, (b) you are located and reside in the New Zealand or Australia; (c) all registration information you submit is truthful and accurate; and (d) if you are a legal or business entity, you are authorized to bind that entity to the Agreement.
Individuals under the age of 16 must at all times use our Services under the supervision of a parent or legal guardian who is at least 18 years of age. In any case, the adult is the member and is responsible for any and all activities of any minors.

Compliance
You agree that you will comply with all local laws regarding acceptable online conduct and content. You are solely responsible for any applicable taxes that may apply by using our services.

Account Information and Password
You agree and acknowledge that you are completely responsible for any and all activity, liability, and/or damage which has resulted from your failure to securely maintain your Design Therapy account information and/or password. You additionally agree and acknowledge that you will securely protect your account information and password and make sure that this information is accurate. You bear full responsibility for any and all activities that are conducted via your account. You acknowledge and agree that you have the responsibility to pay and comply with all applicable taxes and laws for any transactions that have resulted from your use of our Services.

Your Design Therapy membership is authenticated by your account information, particularly your email address and password. Design Therapy has the right to act on any transactional instructions received from your account information, regardless of whether it is being used with authorization from you. You agree to immediately notify Design Therapy of any use of your password or access to your account, or any security breach that is unauthorized. You agree that Design Therapy cannot, and will not, be responsible or liable for any damage or loss that has arisen from a failure on your part to keep your password secure from unauthorized access. As a member, you agree that you will not provide your any login and/or password information in combination to any other party or recipient other than Design Therapy, without Design Therapy’s explicit written permission.

We communicate some vital information via email ONLY. You are responsible for keeping your account information accurate and up-to-date at all times, including a valid and active email address. It is your responsibility to routinely check your inbox for communication from us. In order to sell items on Design Therapy and withdraw funds from your DT Wallet, you must provide and maintain valid bank account information.

If you complete a sale, you may withdraw your DT Cash to your bank account using Direct Deposit. It is your responsibility to ensure that your bank account information is entered correctly. We may be unable to help you recover money sent to an inaccurate bank account number 

Right to Refuse Service
Our Services are not available to either temporarily or indefinitely suspended Design Therapy members. Design Therapy reserves the right, at its sole discretion, to cancel unconfirmed or inactive memberships. Design Therapy also reserves the right to refuse service to anyone, for any reason, at any time. 

Listing and Selling
Listing Description
You may list and sell new and used homewares, furniture and accessories on the Website or on our mobile applications. Any listings that are created must be of a brand that we accept.  If you wish to list an item of a brand not listed by Design Therapy, you will need to contact us.

You are not entitled to list or sell designer replicas or derivatives – including (but not limited to) items that are in any way counterfeit, inauthentic, or not manufactured for retail sale by the designer whose name, trademark, logo or design is represented in or on the item.

By listing an item for sale on Design Therapy you warrant and represent that (a) you and all aspects of the item being listed complies with the Agreement; (b) you have the full legal right to sell the item; (c) the depiction and description of the item, including any damage, is truthful, complete and accurate; and (d) the item is listed in the appropriate applicable category. Your listings may only include text descriptions, photos, images, graphics and other content relevant to the sale of that item only. All items must be listed in an appropriate category with relevant tags. Every individual item must have its unique listing. You agree that any listing you create can be subject to review by Design Therapy at any time, and that Design Therapy reserves the right to remove any listings that we do not believe fits within our criteria, at our sole discretion. 

Binding Sale
All sales on Design Therapy are binding. Sellers are responsible for listing their items accurately, and the Buyer is responsible for reading the item description in its entirety before making a purchase. Sellers are obligated to ship orders to complete the transaction with the Buyer in a prompt manner, unless there is an exceptional circumstance that prevents this. The Buyer is obligated to pay for the purchases in full, unless there is an exceptional circumstance that prevents this.

If a sale or purchase is not completed, your account and any of your live listings may be suspended or removed from Design Therapy at our sole discretion. You may request that your account and listings be re-activated, which Design Therapy may also do at its sole discretion.

 Fee Avoidance
The price that you state in each item listing description must be an accurate representation of the sale. As a Seller, you may not change the item’s price after a sale has been completed for the purpose of avoiding Design Therapy success fees. You must also not misrepresent the item’s location, or use another member’s account without expressly written permission.

Any offer to buy or sell outside of the Website or mobile App carries the potential risk of fraud for both the Buyer and Seller, and as such are strictly not protected by Design Therapy. Additionally, these offers may be an attempt at avoiding Design Therapy success fees. This is unfair to other members on Design Therapy that are selling and violates the Agreement and will result in account cancellation/termination. You must not exchange personal information or engage in transactional activity with another member in any manner to avoid the success fee or the Design Therapy Checkout process.

 Shipping Fees
When you sell an item on Design Therapy, the Seller is required to provide all details needed by the purchaser to book a collection/delivery service. Design Therapy requires “Tracked” shipping for any items sent. Any items sent “Untracked” run the risk of being misplaced, which Design Therapy is unable to offer support for.

Trade Information
Upon completion of a sale:
Buyers will have access to the Seller’s full physical address. As a Buyer, you are strictly prohibited from using this personally identifiable information for any purpose other than completing the sale.

Lenders and Borrowers will have cell phone number access for emergency contact reasons only. Lenders are strictly prohibited from using this personally identifiable information for any purpose other than completing the rental.

 Holding Period
Design Therapy, at its sole discretion, may place a hold on any or all earnings based on certain factors. This may include, but is not limited to, the sale of an expensive item (e.g. more than $1000 in value), designer brand item, for up to four days after the delivery date to ensure the Buyer’s satisfaction and to protect the Buyer from sales of replica items or any other misrepresentations by the Seller (including, but not limited to condition/size/colour, and style as communicated in the item description and photos on the listing on our Website). The Seller’s earnings will be released after the holding period if Design Therapy is not alerted of any issues with the purchased item.

 Exclusivity
You agree that if you are selling your item via different venues or websites, in the event of a successful sale of your item on both Design Therapy and another venue simultaneously shall result in priority given to the Buyer who purchased the item via Design Therapy. 

Linking to competitors
You agree to not refer members to any competitors (e.g. other marketplaces) of Design Therapy in any way – including, but not limited to publishing hyperlinks via a listed item/direct messaging or through any other channel on Design Therapy. 

Buying
When purchasing an item, you agree that you are responsible for reading the item listing description in entirety before committing to purchase, You also agree that you are entering into a legally binding contract with the Seller to purchase their items when you commit to purchase the item. Furthermore, you agree that Design Therapy is not a party to the contract, and does not transfer legal ownership of the item from Seller to you. 

Chargebacks
Banks and other debit/credit card issuers (known as “Issuers”), typically offer a dispute process service for credit card or debit card payments known as a “chargeback” process. If an Issuer determines that a transaction should be refunded (a successful “Chargeback”) Design Therapy will usually give effect to the Chargeback by debiting the seller’s DT Cash balance (which may result in the seller’s DT Cash balance going into negatives). The decision to debit the seller’s DT Cash balance for a Chargeback is at Design Therapy’s sole discretion

If Design Therapy gives effect to a Chargeback or makes a Reversal, the seller agrees to indemnify Design Therapy against any and all costs that are incurred as the result of the Chargeback or Reversal (including in relation to a buyer’s successful Purchase Protection application). The seller authorises Design Therapy to debit the seller’s DT Cash balance the amount of any such costs. If, in respect of any Reversal or Chargeback, Design Therapy is unable to debit the seller’s DT Cash balance (or the seller fails to pay any amount owing to Design Therapy), this will create a debt between Design Therapy and the seller, and Design Therapy may refer the matter to a debt collector in accordance with clause 5.A.

The seller agrees to do all reasonable things as requested by Design Therapy or any Issuer (which may include providing additional evidence, or more information such as (without limitation), proof of postage) to aid the investigation by Design Therapy, Design Therapy‘s Acquirer or an Issuer of a Reversal or Chargeback, or any other buyer complaint or query.

If an Issuer or Design Therapy’s acquiring bank (known as its “Acquirer”) is investigating a Chargeback and asks for more information about the transaction, Design Therapy may disclose such information to its Acquirer or the Issuer (via the Acquirer) for the express purpose of determining the validity of the Chargeback . Any such disclosure of personal information will be made in accordance with Design Therapy’s privacy policy. 

Sale cancellations
If a sale is cancelled by Design Therapy (for any reason), Design Therapy will notify the seller at the seller’s registered email address associated with their Design Therapy account. The notification will expressly inform the seller of the sale’s cancellation and to disregard any prior successful sales email, and to inform them not to send the item for any reason whatsoever.

If Design Therapy gives effect to a sale cancellation, the seller agrees to indemnify Design Therapy against any and all losses that are incurred as the result of the seller still sending the item to the buyer after the notification of cancellation has been successfully delivered electronically.

 Our iPhone App (Apple®)
Once launched, if you choose to use our App on an iOS device, you acknowledge and agree that these Terms are between you and Design Therapy only, not with Apple, and Apple is therefore not responsible for the Service and the content. Apple does not have any obligation to furnish any maintenance and support services with respect to the Service. 

Member Submitted Content
You may submit items (including artwork, images, text, graphics, logos, and similar items) in connection with the Website, mobile App or Services. 

License
Design Therapy does not claim any ownership right of member Submissions. You grant Design Therapy a sole licence that enables Design Therapy to use any information or member Submissions you supply Design Therapy with, so that Design Therapy is not violating any rights you might have in that member Submission. You grant Design Therapy a worldwide, non-exclusive, perpetual, royalty-free, fully paid-up license to use, reproduce, reformat, create derivative works of, distribute, excerpt, perform, and display the member Submission (in whole or in part) and to incorporate the member Submission in other works in any form, media, or technology now known or later developed (a) on the Website (including any mobile version of the Website); (b) on any application designed or developed to allow others to view your member Submission; (c) in materials created to promote the Website and any of its contents, and (d) in connection with online and offline events conducted in connection with the Website.

You agree that you will allow Design Therapy to store, translate, or reformat member Submissions on the Website or Services and display member Submissions on Design Therapy in any such way Design Therapy chooses. This also includes a Buyer using the same image(s) or text description as the original Seller when re-listing. Design Therapy will only ever use personal information in accordance with Design Therapy’s Privacy Policy.

You warrant and represent that the member Submission (a) is your own original work and you own all rights in the member Submission, or that you have all rights in the member Submission needed to grant the license to the member Submission contained in this Agreement; (b) will not violate any third party rights, including any third party privacy rights, intellectual property rights, moral rights, or other proprietary rights; (c) does not violate any regulation or law; and (d) does not contain any virus or other malicious software, including any software which could interfere with the performance of the Website or collect member data from other members of Design Therapy. 

Re-Posting member Submissions
By posting member Submissions on Design Therapy, it is possible that another outside website or a third party to re-post your member Submissions. You agree that you hold Design Therapy harmless for any dispute that concerns this use. If you choose to display your own Design Therapy -hosted image on another website, the image must provide a link back to the active listing on Design Therapy. 

Prohibited and Restricted Items and Activities
You are solely responsible for your conduct and any activities on the Website, including any interactions with Design Therapy or its Services, and all member Submissions that you submit, post, and display on the Webs

Without notice, Design Therapy reserves the right to block access to, remove, or otherwise make unavailable any member Submission or other content that is (a) in violation of any part of this Agreement; (b) the subject of a court order or request from a governmental agency or law enforcement; or (c) otherwise unlawful, unethical, immoral, or improper for the Design Therapy community, as determined by Design Therapy in its sole discretion. Further, we may block members that violated the Agreement repeatedly, or have engaged in other behaviour which Design Therapy deems necessary for removal of the member Submission.

Member Submissions and your use of Design Therapy shall not:

Be in any way false, inaccurate, or misleading;
misrepresent your identity or an affiliation you have with any other person or entity;
be fraudulent or involve the sale of replica, illegal, or stolen items; infringe upon any third-party’s rights, including any third party copyright, trademark, patent, trade secret or other proprietary or intellectual property rights, privacy rights, moral rights or any other proprietary rights; sell or list any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including but not limited to replica, counterfeit, or stolen items; child pornography; obscene materials; drugs; trade secrets; or items that have been identified by any New Zealand authority as hazardous to consumers and therefore subject to recall; arrange the swap or trade of items with other members on Design Therapy promote or otherwise advertise any other goods, services or hyperlinks to any other businesses, other than the member Submission that is for rent or for sale via the Website or Services; violate this Agreement or any site policy, community guidelines, or any applicable law, ordinance, statute, or regulation (including, but not limited to, those governing consumer protection, anti-discrimination, unfair competition or false advertising); harass, stalk, annoy, harm, threaten, or otherwise engage in any sort of abusive behaviour towards other members, including contacting, advertising or soliciting to any other member without prior explicit written consent from Design Therapy, or using an automated system to send messages or comments or to other members; intimidate or impersonate any person (including any Design Therapy team members or other members), or falsely misrepresent or state your affiliation with any person through the use of a similar email address, nickname, or creation of false account(s) or any other methods of deceit; send mass unsolicited messages, “flood” servers with requests, or perform similar actions; Interfere with a Seller’s profile; Engage in any action that may undermine online reviews or feedback; access, or attempt to access, any part of the Website or other personal information through any automated means (including via the use of scripts, scraping, or web crawlers) or violate any instructions set out in any robots.txt files present on the Website; disrupt or interfere with the Services or Website or servers or networks connected to the same;
obtain, or attempt to obtain, unauthorized access to materials, computer systems, or information, including attempting to obtain, use, or access any information or materials that is not intentionally made publicly available via the Website;
display, manipulate, or access the Website or any materials or information found thereon using “framing,” “deep linking.” or any similar technique that bypasses or circumnavigates the intended architecture and layout of the Website;
transmit or contain any code or malicious software of a destructive or malicious nature, including any software that may collect any member data or personal information from members of the Website or Services; store, upload, distribute, or disseminate electronic files that are corrupted or contain viruses, “trojans,” “spyware,” “adware,” “malware,” or any other malicious components, or take any measures, such as implementing or co-ordinating DDoS “denial of service” attacks, “email bombs,” or other techniques that impose an unreasonable or disproportionately large burden on the Website or any other Design Therapy system or network, or that are otherwise designed to interfere with such systems or networks; appear to create a liability for Design Therapy or cause Design Therapy to lose (in whole or in part) the services of Design Therapy’s internet service provider or other vendors; Link directly or indirectly, or reference or contain descriptions of goods or services that are prohibited under this Agreement and any other policy documents posted on Design Therapy; or copy, modify, create a derivative work of, reverse assemble, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service.

In the event of a replica or misrepresented listing, Design Therapy will pull funds from the Seller even if the Seller has already cashed out the Design Therapy credit from their DT Wallet. Furthermore, you may not list any item on Design Therapy (or consummate any transaction that was initiated using our Services) that by paying to Design Therapy could cause Design Therapy to violate any applicable law, statute, ordinance, regulation, or that violates this Agreement. 

Information Control
Design Therapy has no control over member Submissions provided by members that are made available on the Website and Services. There is the possibility you may find some member Submissions to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretences.

By using the Website and Services, you agree to accept these risks and that Design Therapy (and Design Therapy’s officers, directors, agents, joint ventures, subsidiaries, and employees) are not responsible for any and all acts or omissions of members on Design Therapy. Please use caution, common sense, and practice safe selling and buying when using Design Therapy. 

Other Resources
Design Therapy is in no way responsible for the availability of outside websites or resources references or linked to on the Website or Services. Design Therapy does not endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Design Therapy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources. 

Termination
Design Therapy may restrict, suspend, or terminate your use of or access to the Website or Services, without notice or liability to you and in its sole discretion, and without refunding any fees, if Design Therapy suspects (by information, investigation, conviction, settlement, or otherwise) that (a) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of this Agreement; (b) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of any Design Therapy policy; (c) your activities on or in relation to the Website may violate applicable law; (d) you are unable to verify or authenticate any of your personal information or member Submissions; (e) you have failed to pay a fee; (f) you may cause legal liability or financial loss to Design Therapy’s members or to Design Therapy; or (g) for any other reason at any time. This includes cancelling any unverified accounts or inactive accounts, warning Design Therapy’s community of a member’s actions, temporarily or indefinitely suspending a member’s account privileges, terminating a member’s account, or prohibiting access to the Website or Services, and taking technical or legal steps to keep a member off the Website and refusing to provide Services to a member. Further, any suspected fraudulent, abusive, or illegal activity, including violations of the Agreement and any additional Design Therapy policy, may be referred to appropriate law enforcement authorities or other appropriate third parties.

Design Therapy reserves the right to suspend and/or terminate a member’s account or any accounts held by that member by virtue of association, including all usernames under which that member operates on the Website or Services.

If your membership is banned or removed – Design Therapy will refund the balance of your DT Cash account, minus a $5 manual processing fee payable to Design Therapy. No refund will be made if the DT Cash account balance is below $5.

If your membership is removed due to a breach of our terms and conditions it is at our discretion whether you are eligible for any refund.

If you have not logged on to the Website for a period of 18 months, any unused balance on your DT Cash account is forfeited to Design Therapy and your membership will be suspended.

 Personal Information and Privacy

Design Therapy will only use personal information in accordance with its Privacy Policy.

As part of a transaction, you may obtain personal information, including shipping information, from another member. Without obtaining prior permission, this personal information shall only be used for that specific transaction or for Design Therapy -related communications regarding that transaction with the other member. Design Therapy has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the member, you are not licensed to add any Design Therapy member to your email or physical mail list.

 Intellectual Property
All content on the Website is owned by or licensed to Design Therapy. Subject to the Agreement, Design Therapy grants to you a non-exclusive, non-transferable, non-sublicensable license to access and view the Website and to make a reasonable number of copies of the content on the Website solely for your own personal and non-commercial use. All rights not expressly granted herein are reserved to Design Therapy and its licensors. Other than as expressly provided above, you may not display, reproduce, distribute, modify, sell, or otherwise use any materials or content on the Website, and all such content is provided on an AS IS basis.

The trademarks, logos, service marks, trade names, graphics, page headers, button icons, scripts and other designs that are displayed on the Website and Services are owned by Design Therapy and/or its affiliates or their third party licensors and may not be used unless authorized by the trademark owner. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Design Therapy’s Trademarks displayed on the Service, without our prior written permission in each instance. Design Therapy’s intellectual property may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. All goodwill generated from the use of Design Therapy intellectual property will inure to our exclusive benefit. 

Complaint Procedures & Takedown Requests
Design Therapy respects the legal rights of others and expects you to do the same. As a seller, you are required to comply with all laws (including copyright laws) and you are not permitted to use a brand’s Intellectual Property (e.g. images and descriptions) unless authorised to do so.

If you believe a seller has violated the Agreement or your intellectual property rights, please complete the following steps.

To enforce the intellectual property rights of owners, Design Therapy engages in a Verified Rights Owners program that allows owners to request Design Therapy to remove certain listings that offer items or contain images or other materials that infringe on their intellectual property rights. These rights can include trademark, copyright, and/or other legal rights. For example, a Verified Rights Owner may ask Design Therapy to remove an item being sold that uses the rights owner’s registered trademark (such as a logo) if the item is not an authentic product of the rights owner. This VRO program helps protect Design Therapy members from buying or selling items that may be replica or otherwise unauthorized under state and/or federal laws. Before a listing is removed, a Verified Rights Owner must provide to Design Therapy information that ensures that the person or company reporting the item is authorized to do so. If a Verified Rights Owner believes a listing violates their intellectual property rights, please provide Design Therapy with a written notice containing (where applicable) the following information:

a notarized request letter certifying that you are the owner of the intellectual property; a description of the intellectual property that you claim has been infringed, including details on any registration that protects the same; a description of the material that you claim is infringing and where it is located on the Website; hyperlinks to the listings with the suspected item; your name, address, telephone number, and email address; a statement by you that you have a good-faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on their behalf; and an electronic or physical signature of the person authorized to act on behalf of the intellectual property owner.

The notice should be emailed to Design Therapy’s Head Office:

support@designtherapy.co.nz

At Design Therapy ‘s sole discretion, members who infringe on intellectual property rights of Verified Rights Owners will have their member accounts and/or access to the Services removed or disabled. If Design Therapy disables or removes your member account, or any content or other materials you have posted, and you believe this was done in error, please forward a written notice stating the same and providing any supporting documentation necessary to establish your rights to the agent referenced above.

Design Therapy may disclose offenders’ personal identification information to third parties with intellectual property rights who have complied with the complaint procedure.

If you have concerns or questions about why your listing was reported or removed, please contact the VRO participant directly using the email address we provided.

You can also contact our support team at support@designtherapy.co.nz if the Verified Rights Owner has not replied after 10 days or if you have any other questions.

 

Disclaimers
Design Therapy is not involved in the actual transaction between Buyers and Sellers. While Design Therapy may help facilitate the resolution of disputes through various programs, and may provide guarantees which are backed by our policies, we have no control over and do not guarantee: (a) the existence, quality, safety, or legality of items advertised; (b) the truth or accuracy of members’ content or listings; (c) the ability of Sellers to sell items; (d) the ability of Buyers to pay for items; (e) that a Buyer or Seller will actually complete a transaction or return an item; (f) the legal transfer of item from the Seller to the Buyer; or (g) that a Buyer or Seller will actually complete a transaction.

Rather, our goal at Design Therapy is to maintain our Website, Services, and related tools, in a manner that is safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our Website, Services, or tools. You further acknowledge that operation of and access to our Website, Services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our Website, Services, and tools at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law: WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DESIGN THERAPY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DESIGNER WARDROBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, DIRECTLY OR INDIRECTLY RESULTING FROM OR RELATED TO YOUR USE OF THE SERVICES OR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY THIRD-PARTY ACTION RELATED TO THE SERVICES OR WEBSITE.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

IF DESIGN THERAPY IS FOUND LIABLE TO YOU OR ANY THIRD PARTY, SUCH LIABILITY IS LIMITED TO THE GREATER OF (A) ANY AMOUNTS DUE UNDER THE “DT PURCHASE PROTECTION” TO THE PRICE THE ITEM SOLD FOR ON THE WEBSITE (INCLUDING ANY APPLICABLE SALES TAX) AND ITS ORIGINAL SHIPPING COSTS; (B) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO DESIGN THERAPY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (C) $100. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. 

Indemnification
You agree to defend, indemnify, and hold harmless Design Therapy and its affiliates, and their directors, officers, employees, parents, subsidiaries, shareholders, and agents, from and against all claims, demands, liabilities, costs, losses, and expenses, including reasonable attorneys’ fees, arising from your use of the Services or Website or your breach of the Agreement, including any dispute with another member or claim from a third party. Design Therapy may elect to assume the defence and control of such claim and, in such case, you agree to cooperate with Design Therapy in the defence of such claim and to reimburse Design Therapy for all reasonable expenses and fees incurred in the course of defending such claim.

No Guarantee
Design Therapy does not guarantee continuous, uninterrupted access to the Website or Services, and operation of the Website or Services may be interfered with by numerous factors outside Design Therapy’s control.

Disputes with Other members or Third Parties
In the event a dispute arises between you and another member or a third party, Design Therapy encourages you to contact the member or third party to resolve the dispute amicably.

Design Therapy reserves the right, but has no obligation, to monitor and/or manage disputes between you and other members of the Website or Services. If you have a dispute with one or more members, you release Design Therapy, its affiliates and subsidiaries, and its respective officers, directors, employees, and agents from claims, demands, and damages for every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes with one or more members, or an outside party.

Design Therapy will only become involved in conflicts between members if we are requested to do so and the matter arising meets the requirements stated in our policies.

You may also report member-to-member disputes to your local law enforcement or a certified mediation or arbitration entity, as applicable.

Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and Services and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Website and Services. 

Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency
You and Design Therapy are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

Design Therapy Services
Design Therapy reserves the right to modify or terminate the Website and Service for any reason, without notice and at any time. Design Therapy reserves the right to alter this Agreement or other policies at any time, so please review the policies frequently. If Design Therapy makes a material change, then Design Therapy will notify you here by posting updates to this Agreement or by means Design Therapy deems appropriate. What constitutes a “material change” will be determined at Design Therapy’s sole discretion, in good faith, and using common sense and reasonable judgment.

Notices
Unless expressly provided elsewhere in the Agreement, any notice, demand, claim, or communication related to the Agreement may be provided by: (a) electronic mail transmission; (b) postage prepaid; or (c) tracked courier, cost prepaid; and sent to the following:

support@designtherapy.co.nz

Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid, or 72 hours after delivery by mail or courier. The parties agree that service of process and service of a summons related to any disputes arising under this Agreement between the parties can be served via this notice provision.

Change of Ownership
If Design Therapy were to merge with or be acquired by another company, or sell a significant portion of its assets or all of its assets, we may share information with them in accordance with our Privacy Policy. Should such an event occur, we will ask that the newly combined entity follow Design Therapy’s Privacy Policy with respect to your personal information or otherwise advise you of any changes to a newly adopted privacy policy. If your personal information is to be collected, used, or disclosed for any purposes not covered in this Agreement or our Privacy Policy, you will receive prior notification of the processing of your personal information for the new purposes. 

General Terms
This Agreement, and any rights and licenses granted hereunder, may not be transferred, assigned, or sublicensed by you without Design Therapy’s express written consent. On the other hand, Design Therapy may assign, sublicense, or otherwise transfer any rights or licenses under the Agreement, without restriction and without prior notice to you.

Following termination of this Agreement and/or your commercial relationship with Designer Wardrobe, any term of the Agreement logically extended beyond such termination shall survive to the fullest extent necessary to allow you and Design Therapy to enforce any rights obtained or obligations incurred hereunder

No term or provision of this Agreement is meant or intended to benefit any third party.

You agree to submit to the applicable laws of New Zealand/Australia without regard to conflicts of law principles.

This Agreement represents the entire agreement and understanding between you and Design Therapy and it supersedes any other agreement or understanding (written, oral or implied) between you and Design Therapy. No other agreements, promises, representations, or understandings shall be binding upon Design Therapy with respect to the Website or Design Therapy’s Services unless contained in this Agreement, or separately agreed to in writing and signed by an authorized representative of Design Therapy.

Neither you nor Design Therapy will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labour dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.

If any part of this Agreement shall be determined to be illegal, invalid, or unenforceable: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of the parties; and (b) the remaining parts of the Agreement shall be deemed valid and enforceable, so long as the remaining parts continue to fulfil the original intent of the parties.