SizeXchange Terms and Conditions
Welcome to SizeXchange!
On behalf of the SizeXchange team, welcome! As is the case with all websites and communities you join, we have a number of terms and conditions we ask all members to adhere to.By subscribing to the SizeXchange website, you are accepting the following Terms and Conditions and are bound by them. You also acknowledge that the SizeXchange team may change some or all of the Terms and Conditions at their discretion at any time.
General Terms
As a subscriber, you acknowledge that the SizeXchange team has the right to change some or all of the Terms and Conditions at their discretion. SizeXchange will post the amending terms and conditions on the website and the amendments will be effective immediately.By subscribing to SizeXchange, you acknowledge that it is your responsibility to ensure you are familiar with any up-to-date changes to these Terms and Conditions.
By subscribing to the SizeXchange web site you agree that any and all liability of SizeXchange to you or any other person under or in connection with these Terms and Conditions, services, web site, other Subscriber’s acts or omissions or your use of or inability to use the services or this web site is excluded, regardless of how the liability arises. SizeXchange’s liability and responsibility is excluded in the respect of any and all loss or damage, whether direct or indirect, including without limitation loss of profits, loss of data, general and special damages and consequential and incidental loss. SizeXchange is not liable for any lack of performance or unavailability of the services or web site or for any failure of SizeXchange to comply with these Terms and Conditions where the same arises from any cause reasonably beyond the control of SizeXchange.
By subscribing to SizeXchange you acknowledge that you are over the age of 18 years and warrant that you can form a legally binding contract.
By subscribing to SizeXchange you acknowledge that SizeXchange does not offer guarantees or warranties on any of the items exchanged on the website. SizeXchange accepts no responsibility for the wording used by members to describe the items they are trading. Transactions and listings are the responsibility of the subscriber, and any words provided by members regarding listed items do not represent SizeXchange.
Similarly, as a subscriber, you acknowledge that SizeXchange does not endorse or recommend any items exchanged via its website.
As a subscriber, you respect, acknowledge and uphold the copyright of all material produced by SizeXchange. Unauthorised duplication of any content protected by copyright and owned by SizeXchange is a direct breach of copyright, and may result in legal action being taken.
As a subscriber you agree that responsibility for the content of advertisements appearing on the SizeXchange web site lies solely with the advertisers. The placement of such advertisements on the web site does not constitute SizeXchange’s endorsement of the advertised product or service.
By subscribing to SizeXchange, you agree that you will not sell or transfer any Xchange points in your account at any time, for any reason. You also acknowledge that in the event that you cancel your account with SizeXchange, any points you have in your account at that time are not refundable and will be forfeited by your account cancellation.
SizeXchange do not act as agent for either the buyer or the seller. You agree that SizeXchange takes no responsibility or liability for any misconduct for any of the Subscribers and gives no undertakings or warranties in relation to items sold or listed included but not limited to the ability of Subscribers to complete a transaction or ownership of any item. Furthermore SizeXchange is not an auctioneer.
SizeXchange Membership Information
As a SizeXchange subscriber, you acknowledge that it is your responsibility to keep your member profile information current.As a subscriber, you declare that you are the only person who can legitimately log into the SizeXchange website using your login details.
By subscribing to SizeXchange, you understand and agree that only one person can hold one membership.
As a subscriber, you agree to never make public your personal and contact details via the SizeXchange Discussion Forums, your profile, listings or in feedback notes.
As a subscriber you agree not to interfere with or damage the website or any network or system underlying or connected to them or attempt to do so.
SizeXchange Rules for Selling
If as a subscriber you choose to offer items for exchange via the SizeXchange website, you agree that:Points Fees apply for extra listings over and above your monthly allocation of allowed listings. These are non refundable;
Points Fees are deducted from your SizeXchange account;
Points Refunds will be credited to your SizeXchange account;
You are legally entitled to exchange items via the SizeXchange website;
You must send the items to the successful buyer as soon as possible after completion of the transaction, and you must not impose unreasonable amounts for shipping costs.
You must not list anything that is illegal, stolen or illegally imported and must not use the listings to promote a business or web site.
You understand that on the SizeXchange website you are only permitted to exchange only articles of clothing and/or clothing accessories;
Your item descriptions are your responsibility, and you acknowledge that the details contained within your descriptions are truthful and accurate. You agree to include all relevant information relating to the exchange, as well as information pertaining to postage and shipping;
You acknowledge that your item descriptions are accurate and not at all false, misleading or fraudulent;
You acknowledge that the information contained within your description is unique and not plagiarised in any way;
You will always state if an item you are offering for exchange is not in your possession, and provide an estimated delivery time for prospective exchangers;
You agree to list any items you are offering for exchange in the appropriate categories that best describe the type of item you are offering for exchange;
You agree that you will never offer for exchange five or more identical items at any one time;
You agree that your item descriptions will not include the contact details of websites or retailers that offer the same product for sale;
You agree that you will exchange the item(s) you are offering to the highest bidder via SizeXchange if your reserve bid is met;
You agree that you will not place dummy bids, in order to push your bid price up; and
You are only permitted to offer items to another bidder if you are unable to contact the winning bidder within a reasonable time or if the winning bidder fails or declines to comply with the terms of exchange stated in your item listing.
SizeXchange members expect high quality clothing when grabbing an item. SizeXchange takes feedback very seriously, and Xchangers who consistently list high quality clothing for exchange will be rewarded, at the discretion of SizeXchange moderators, with bonus Xchange Points.
SizeXchange reserves the right to take disciplinary actions if a member’s actions are found to be unprofessional, and the quality of such items submitted are consistently not of good quality. Disciplinary action may take the form of quarantined Xchange Points and or listing allocations, temporary and/or permanent suspension of membership, etc.
Rules for Buying
If as a subscriber you choose to bid on items offered for exchange on the SizeXchange website, you agree that:By grabbing an item, you are stating that you have enough Xchange Points to complete the transaction;
Your bids cannot be revoked;
If your bid is successful, you must complete the transaction as specified in the item description;
Your Member Name and the bid amount will be displayed on the SizeXchange website; and
You will not bid on an auction that belongs to a person known to you, with the intention of increasing the bid price for that item, as a favour to the seller.
Feedback
As a SizeXchange subscriber you agree that you will not place any feedback that:• violates any laws;
• contains the personal and/or contact details of any other member;
• contains defamatory, offensive, insulting or provocative language.
SizeXchange takes feedback very seriously. Over time, certain bonus points may be given to a member at the discretion of SizeXchange moderators in appreciation for consistent positive feedback and submission of clothing of a high quality.
50% Off Trial Conditions
50% Off trials are available to all individuals interested in experiencing SizeXchange without obligation. By subscribing to a 50% Off trial, subscribers agree to all of the SizeXchange Terms and Conditions, and also to the specific Terms and Conditions applying to the 50% Off Trial:The 30-day term of the 50% Off trial commences on the date when you are first provided access and shall continue, unless terminated, for the trial period of 30 calendar days.
At the conclusion of the 30 calendar days, you will receive an email notification, advising you that your 50% Off is over and you have now become a paid subscriber @ $10.95 per month
By subscribing to the 30-Day Trial, you are in no way obligated to purchase a paid subscription, upon completion of the 30-day trial, or at any time.
Subscriptions:
Paid Subscribers
Paid subscribers agree to all of the SizeXchange Terms and Conditions, and also to the specific Terms and Conditions applying to subscription payments for paid subscribers:The term of your paid subscription begins once you receive your welcome email from SizeXchange acknowledging your subscription payment.
You can choose from a number of subscriptions. All subscriptions come with 75 'start up' Xchange Points. A Basic Monthly Subscription is $10.95/mth.
All our subscription fees are inclusive of GST.
SizeXchange Refund Policy
Like everything else we do, we try to make things as simple as possible. And that’s what we’ve done here by making the Refund Policy as straight forward as we can, with no hidden clauses and no fine print.
(a.) Monthly Plan?
We will charge your credit card with the monthly membership fee at the start of your membership. We will continue to charge your credit card on a monthly basis until you cancel your membership. So for example, if you joined on May 5 your credit card will be charged on May 5; June 5; July 5; and so on until you cancel your membership. You may cancel your membership with us by notice in writing (an email is sufficient) at any time without incurring a cancellation fee. Upon canceling your membership, no further fees will be charged.
Payment
SizeXchange charges paid subscribers each month. SizeXchange subscribers pay a subscription fee (gst inclusive) which allows them to access the SizeXchange website to exchange items for Xchange Points.All subscription fees are payable in advanced and charged in NZ dollars.
As a subscriber to SizeXchange.com, you agree that we are permitted to charge your credit card for the application subscription fee each month.
The subscription fee will be billed at the commencement of your subscription (for Basic and Premium Subscriptions) and each month following (for Basic Subscriptions), unless or until you terminate your subscription as provided. It is a rolling subscription, so if you do not notify us of a cancellation for any subscriptions, you will be billed in the following billing periods. The only way you can stop being debited each billing period is to cancel your subscription.
Your payment obligation begins once your subscription commences, regardless of whether you use the SizeXchange service. It ends only when you cancel your subscription.
Any defaults on payment will mean your membership with automatically cease.
Should your subscribed membership be terminated your fees and points will not be refunded.
Charges and payment terms may be changed and you will be given notice 30 days prior to the implementation of the changes.
Cancellation
You are at liberty to cancel your SizeXchange subscription at any time. To cancel your SizeXchange subscription simply email This e-mail address is being protected from spambots. You need JavaScript enabled to view it . or submit a support ticket Here Be sure to include your username and email address you subscribed with so that we can cancel your account with minimum delays.
Cancellation of Basic or Discounted Subscriptions is effective at the end of the subscription period.
To avoid further debits from your credit card, ensure you cancel your account before the end of your current billing period, as cancellations do not apply retroactively. In the event that you require any assistance canceling your account, please contact the Customer Service Team at least 5 days before the end of your current billing period. It is essential that you include in this correspondence your user name and the email address you subscribed with. Once your email cancellation request is received, you will receive a reply confirming your cancellation. In the event that you do not receive an response to your email cancellation request, please contact us.
Accounts
Failure of any subscriber to comply with this terms and conditions may result in SizeXchange limiting your activities on the website by removing your bids or listings, issuing you with a warning, suspending or terminating your subscription. SizeXchange reserves the right to take such action with or without issuing the respective subscriber with a notice or warning.Privacy Policy
To help us to better meet your needs we need to get to know you, so we’ll collect information about who you are and how you interact with our website, SizeXchange.co.nz. There are all sorts of rules involved in keeping and using your details and it’s really important to us that your personal information is respected. So whenever we collect information, we’ll always look after it, and comply with New Zealand's Privacy Act.
The following helps to explain what those privacy rules are and how we plan to follow them.
1.0: Whenever we say "we", "us", or "our" we mean SizeXchange Limited.
And anytime we say "you" we are talking about you, the person out there, on SizeXchange.co.nz, doing what you’re doing. We call our website "SizeXchange" and whenever we talk about "SizeXchange" (without the Limited) we are referring to SizeXchange.co.nz and all the things we make available for you to see and do on SizeXchange.co.nz.
2.0 : How do we collect information?
Usually we'll just ask you directly. It's the best way to find out who you are. But we'll also find out stuff from others. When you use SizeXchange, our network will automatically generate some information about you. That might sound kind of scary but really it’s not. Here is a list of the kinds of information we collect and how we collect it:
(a.) Information you tell us: When you choose to enter information while on SizeXchange we receive and hold that information. This includes forms you complete, emails you send or any other contact you make with us about SizeXchange. For example: Your SizeXchange Profile, Consumer Reviews, Competitions and Polls, Your Cart, Your Friends, other SizeXchange Community activities, your Feedback and any other contacts with SizeXchange.co.nz.
There is one important exception - we don’t receive or hold your credit card details. SizeXchange uses Payment Express, the best practice online payment system operated by DPS (Direct Payment Solutions Limited). This is a PCI DSS certified agency, who receive and process your credit card payments in the SizeXchange shopping cart. DPS hosts and manages the payment page, which is secured by its own SSL certificate. Your credit card details are stored by DPS and only transmitted to the appropriate credit card agency for processing. It’s only the first six and last two digits of a credit card that are supplied to retailers so they can manage your order.
(b.) Information generated through SizeXchange: The SizeXchange network automatically generates certain types of information when you use SizeXchange. We receive and hold that information. To do this we mostly use “Cookies” as they help us to keep track of where you go and what you like about SizeXchange. ?Cookies are little bits of information that SizeXchange (and other websites) send to your browser. Your computer can then store that on the system you use to access SizeXchange. You can disable cookies via your browser preferences (you'll need to do this yourself as we're not responsible for your browser). Thing is, if you disable cookies you won't be able to log-in to SizeXchange and get the most out of the personalisation and other stuff that logged-in users can use.
(c.) Information we get from others: Some of our business partners will also give us information about you that we hold on to. For example, Shopping that you started on SizeXchange but finished at the Retailer’s website; Information about the fulfillment of any orders you make on SizeXchange; information from other Telecom companies about you; and information from credit agencies to help us recover and report on money you owe.
3.0 : So who gives us permission?
By choosing to use SizeXchange, you’re telling us you're happy for us to collect, use and disclose information about you and your use of SizeXchange for various SizeXchange related things that we'll explain a bit further down. Of course, you don't have to tell us everything we ask for or anything at all really. But SizeXchange does work best when we know a bit about you. And sometimes if you don’t give us some of the information we ask for, bits of SizeXchange won’t work at all. But we will always tell you if that is the case.
You can opt out of receiving SizeXchange communications at any time by clicking on the link in your profile at any time or using the "unsubscribe" option in one of our SizeXchange comms. We'll then remove you from the distribution list as quickly as we can.
4.0: Why are we collecting your information?
Our plan is to make it easy for members to find stuff that they like, and help sellers find buyers like you who are interested in their stuff. It's not rocket science. In order to do this, and make SizeXchange the best it can be, we may use your personal information for different purposes connected with SizeXchange. As an example (but not an exhaustive list) this may include:
• Processing your membership application .?
• Processing your order and making sure you get the goods.?
• Finding out who visits SizeXchange to check if our advertising is working and find out who likes which bits best.?
• Making sure we can offer you more of the products and services that you will like.?
• Finding out what products, retailers and gifts are most popular on SizeXchange and that helps us to provide many of our special SizeXchange features.?
• Keeping you up to date. That means sending emails and other messages about what's happening on SizeXchange, special deals, any reminders you ask us to send you and other stuff you might like to know.?
• Keeping the SizeXchange Community an up to date and relevant place to be.
• Enforcing our legal rights.
5.0 Who will we tell?
Occasionally we may disclose your information to others, but only for the purposes described in this policy - or for legal reasons. These “others” include (but aren't limited to): communications network operators; research and/or marketing companies or agencies; credit reference and/or debt collection agencies; advertisers and selected business partners.
SizeXchange Retailers: When you shop on SizeXchange you are buying direct from the retailer. So it’s the retailer who will manage and fulfill your order. To make this possible we’ll share your information that is relevant to the actual transaction with the retailer. Things like your contact details, delivery address, order details and the first six and last two digits of your credit card so they can manage your order.
Third Party Service Providers: Some of the features and services available on SizeXchange are provided by third parties employed by us. Things like receiving and processing your credit card payments, providing customer service, helping us with SizeXchange communications and providing credit assistance. We’ll share any relevant information with these parties, but only so that they can do the job their doing for us. Plus, credit reporters may include credit checks and any defaults in payment relating to SizeXchange in their databases and share this information with others who wish to conduct credit checks on you.
SizeXchange Marketing Partners: Sometimes we will send special offers or information to our registered SizeXchange members on behalf of our marketing partners. We don’t share your information with these marketing partners they simply send communications through us. And remember you can opt out of SizeXchange communications at any time.
The Law: If we think it is necessary, for example we are concerned about security or fraudulent activity, we can disclose your information to relevant law enforcement authorities, such as the Police or the Department of Internal Affairs. This may also include exchanging information with relevant international agencies.
6.0 How safe is my information?
As safe as we can make it. We make sure all personal information is exchanged via SSL to guard against access by third parties during transmission. We don’t receive and hold your credit card details. Instead we use the experts, Payment Express, the best practice online payment system operated by DPS (Direct Payment Solutions Limited) a PCI DSS certified agency, to receive and process your credit card payments in the SizeXchange shopping cart. DPS hosts and manages the payment page, which is secured by its own SSL certificate. Your credit card details are stored by DPS and only transmitted to the appropriate credit card agency for processing. The first six and last two digits of a credit card are supplied to retailers to help them manage your order.
7.0 Rights of access
Under the Privacy Act 1993, you have the right to ask to see the information we hold about you. And if you notice that any of your details are incorrect just ask us to correct those for you.
8.0 This doesn't apply to other websites.
It's a good idea to check the privacy statement on any website you visit, even those you link to from SizeXchange.co.nz. We aren't responsible for the privacy or information collection practices of any websites other than SizeXchange.co.nz. This includes the websites of SizeXchange retailers (if you click through to the retailer direct) and DPS.
9.0 Changes to our Policy
We may update or revise this policy at any time. If so, we'll just post those changes here, and they'll take effect as soon as they're posted. It's your job to check this policy regularly for any modifications or updates. We'll assume you've done that, and you accept our current policy each time you choose to use SizeXchange.
10.0 Summary
We'll make notes about who you are and what you like to buy, but only to make your SizeXchange experience better. Occasionally we'll pass on your information to other people who help us make SizeXchange better or to protect SizeXchange and the SizeXchange community. You have the right to access and correct personal information SizeXchange holds about you.
Feedback Policy
SizeXchange on no occasion will become involved in disputes between members, including feedback disputes.SizeXchange will not amend, alter or remove feedback that has been placed by another member. The only exceptions to this are as follows, and apply only if the feedback:
• Violates any law;
• Contains your contact information or the contact information of another member;
• Contains insults, profanity, vulgarity, provocative content, threats of violence, etc; or
• Is such that a relevant authority requests its amendment, alteration or removal.
Discussion Forum Rules
The golden rule for the discussion forums is to treat others the same way you wish to be treated.To ensure the forums remain friendly, productive discussion areas, the SizeXchange staff modify them. The following types of behaviour will not be tolerated by SizeXchange under any circumstance, and such violations may result in immediate post removal, warning, forum sanction and/or suspension from SizeXchange:
• Inclusion of anybody’s individual contact details in a post;
• Promotion of web sites or any commercial or business activity;
• Inclusion of insults, profanity, vulgarity, provocative content, threats of violence, etc in a post;
• Inclusion of material in a graphic or text format that is obscene in nature;
• Inclusion of advertisements for items or listings, including offers to trade and ‘wanted’ items in posts;
• Attempts to impersonate SizeXchange staff and/or other subscribers;
• Refusal to follow SizeXchange staff instructions;
• Posting content from private discussions;
• Repetitive posting or spamming in multiple threads or forums;
• Posting any material which violates the SizeXchange User Agreement;
• Posting listing reports or member violations. You can report suspected violations by using the ‘Report this Listing’ link at the bottom of the listing page; and
• Discussing or reposting deleted posts, warning letters or discussion of sanctioned or suspended members on the forums.
SizeXchange reserves the right to amend, move, close or remove any thread or message at any time without any notice. SizeXchange also reserves the right at any time to withdraw a subscriber’s posting privileges without notice and for any reason.
Although SizeXchange will make every endeavour to remove any messages that violates forum rules, sometimes offending posts may go unnoticed simply because staff have not seen it. Please understand that SizeXchange takes no responsibility for material posted on its forums. Each individual is responsible for the content they publish on the forums.
Miscellaneous
The Terms and Conditions outlined in this document (with the exception of changes to payment and charges terms, already explained) may be changed at any time without notice. Continued use of the services offered via the SizeXchange website constitutes your acceptance of any changes.These Terms and Conditions constitute the whole agreement between parties and supersede all previous conditions, understandings, agreements and representations whatsoever, whether oral or written.
The fact that SizeXchange fails to do, or delays in doing, something it is entitled to do under these Terms and Conditions, does not amount to a waiver of those rights.
You as a subscriber agree to indemnify and keep indemnified SizeXchange from and against all actions, claims, costs including damages, losses, proceedings, liabilities, or demands suffered or incurred by SizeXchange to any person arising out of or in connection with your failure to comply with these Terms and Conditions, your failure to complete a transaction, your use of the discussion forums, or arising out of any content or item you submit, transmit or make available through the web site.
If a Term or Condition herein becomes or is held to be invalid, unenforceable or illegal for any reason and in any respect, that provision shall be severed from all other terms and conditions without affecting the enforceability of those other terms and conditions.
In the event that you breach any of your obligations (including payment obligations) may result in SizeXchange suspending, discontinuing or terminating your subscription or pursuing any other legal remedy available to rectify the situation.
These Terms and Conditions are governed by the laws of the United States of America. As a subscriber you agree to submit to the jurisdiction of the Courts of America.
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