Terms & Conditions

NearWear ("NearWear", "we", "our", "us") is an online peer-to-peer marketplace that enables users to buy, sell, rent, and discover fashion and related items locally or online.

NearWear acts solely as a technology platform facilitating connections between users. NearWear is not the owner, manufacturer, retailer, authenticator, insurer, or warehouse provider for items listed on the Platform unless explicitly stated otherwise.

Transactions are conducted directly between users.

To use NearWear you must:

• be at least 18 years old or have parental/guardian consent;
• provide accurate account information;
• comply with all applicable laws and regulations.

NearWear reserves the right to suspend or terminate accounts that breach these Terms.

Users are responsible for:

• maintaining the security of their accounts;
• keeping login credentials confidential;
• all activity occurring under their account.

You must notify us immediately of any unauthorised use or suspected security breach at support@nearwear.com.au.

NearWear does not:

• guarantee the quality, authenticity, safety, legality, or condition of listed items;
• verify all user identities;
• guarantee successful transactions;
• act as an agent for buyers or sellers;
• provide insurance coverage for transactions unless expressly stated.

Users are solely responsible for conducting their own due diligence before buying, selling, renting, or meeting other users.

Users may only list items they legally own or are authorised to sell or rent, that comply with applicable laws, and that are accurately described.

The following are prohibited:

• counterfeit items;
• stolen goods;
• unsafe or illegal items;
• misleading or fraudulent listings;
• prohibited or offensive content.

NearWear may remove listings or suspend accounts at its discretion.

Where users rent items through NearWear, rental agreements are between the users involved. Users are responsible for agreeing on rental periods, item care, and return expectations.

Deposits: Where a rental deposit is charged, it is collected and held by NearWear via Stripe on behalf of the owner. NearWear releases or refunds the deposit based on the outcome of the rental — it is not transferred directly between users. The owner does not hold the deposit at any point during the rental period.

NearWear is not responsible for:

• damage, theft, or loss of rented items;
• late returns or cleaning costs;
• disputes between users regarding condition or return.

NearWear provides an internal dispute resolution process for transactions conducted on the Platform.

For purchase disputes: buyers may raise a dispute within 3 days of confirming delivery if the item is significantly not as described. NearWear will review evidence from both parties and may issue a full or partial refund via Stripe.

For rental deposit disputes: renters may dispute a deposit deduction within 7 days of the rental being marked complete. NearWear will review photographic evidence submitted by both the owner and renter and make a final determination.

NearWear's decisions on disputes are final within the Platform. Users retain the right to pursue remedies under applicable Australian Consumer Law independently.

NearWear is not obligated to resolve disputes arising from transactions conducted entirely outside the Platform.

Users meeting in person do so entirely at their own discretion and risk. NearWear is not responsible for personal injury, theft, assault, property damage, or disputes arising from offline interactions.

Users should meet in safe public locations and exercise caution. See our Trust & Safety page for guidance.

NearWear may charge service fees, subscription fees, listing fees, or commission fees.

Users remain responsible for taxes, shipping costs, and payment processing fees where applicable.

Users must not:

• engage in fraud or scams;
• impersonate others;
• harass or abuse other users;
• manipulate reviews or listings;
• upload malicious software or harmful content;
• violate intellectual property rights;
• attempt to conduct transactions outside the Platform to avoid fees or protections.

NearWear may investigate and take action against misconduct including account suspension and referral to law enforcement.

All Platform content, branding, logos, software, and design elements are owned by NearWear or its licensors.

Users retain ownership of content they upload but grant NearWear a non-exclusive, worldwide licence to display and use such content for operating and promoting the Platform.

Your use of NearWear is governed by our Privacy Policy, which forms part of these Terms.

NearWear may use third-party providers including cloud hosting, payment processing, analytics, and infrastructure providers to operate the Platform.

To the maximum extent permitted by law:

• NearWear excludes all warranties not expressly stated;
• NearWear is not liable for indirect, incidental, or consequential losses;
• NearWear's total liability is limited to the amount paid by the user to NearWear in connection with the relevant service.

Nothing in these Terms excludes rights that cannot legally be excluded under Australian Consumer Law.

Users agree to indemnify and hold harmless NearWear, its owners, partners, affiliates, employees, and contractors from claims, damages, liabilities, and expenses arising from user content, breaches of these Terms, transactions between users, or unlawful conduct.

NearWear may suspend or terminate accounts for suspected fraud, breaches of these Terms, illegal activity, or conduct harmful to the Platform or users.

Where reasonably practicable, NearWear will provide notice before suspension. Users may contact support@nearwear.com.au to appeal account decisions.

NearWear may modify, suspend, or discontinue any part of the Platform at any time. Where changes materially affect users, NearWear will provide reasonable notice via email or in-platform notification.

These Terms are governed by the laws of Australia and the applicable laws of the Australian Capital Territory. Users submit to the non-exclusive jurisdiction of Australian courts.

For questions regarding these Terms:

• Email: support@nearwear.com.au
• Website: nearwear.com.au