1. What is NextHand?
a.NextHand is operated by Clutterly Pty Ltd (“us”, we”, “our”), an Australian registered company (ACN 169274417).
b.NextHand is an online service, accessed by our mobile phone applications, that allows you to sell things and to find and buy things from users (“the service”).
c.Vision: NextHand was created to be the simplest and fastest online marketplace in the universe. Our entire business runs on the concept of “minimum viability”, connecting users through "minimum viable information" and "just-in-time" communication.
2. The relationship between the user (“you”) and Clutterly Pty Ltd
a.By registering a NextHand account and continuing to use the service, you are agreeing to all the Terms of Usage outlined in this document.
b.If you do not agree, then please do not register and/or delete your account.
c.It is important to read about and understand your relationship with us. If something is not clear, please contact us at email@example.com
d.We are not your agent, auctioneer, advocate, seller
3. Registration, data collection and privacy
a.You must register an account through the mobile app in order to access the service.
b.The minimum age for NextHand registration is 14.
c.You must meet all legal criteria in your country of residence that allow you to enter into binding agreements, such as these Terms of Usage.
d.We collect the minimum amount of personal information possible to make the application function.
e.We collect and store your email address, username, password, mobile number (if provided) and GPS location information of each post in order to allow the application to function.
f.During registration, we require your email address and request you to set a username and password. These are used for login and personalisation purposes. You can also provide a mobile number, to enable users to contact you with phone call and sms to speed up interaction, although providing a mobile number is not required. If signing up with Facebook, we collect your email address and first name - no email verification or password is required with this registration method.
g.No other personal data is requested, collected, stored or accessed by the application.
h.You are responsible for keeping your registration details private. If you believe your details have been compromised, please contact us at firstname.lastname@example.org
4. Your right to use NextHand
a.Once you have registered and thereby accepted all the Terms of Usage outlined in this document, we grant you a personal, non-transferable, non-exclusive right to use the service as described in this document.
5. Using NextHand
a.Our service connects people that are selling items to people that want to buy things.
b.By listing an item you are indicating that you:
●own the item
●are selling the item for the listed price
●are expecting others users to contact you by email or by phone or sms (if you have provided a mobile number during registration) to arrange the sale transaction of your item
●understand and have satisfied all Terms of Usage in this document
●understand your post may be removed and/or user account suspended if the post does not satisfy all Terms of Usage outlined in this document
c.Overview - NextHand is a very simple application.You take a good photo of an item you’d like to sell, select a price, category, give the item a title and post it to our database and, if you like, share it on Facebook. Other users then search or browse listed items and can contact item owners by email, phone or sms to arrange the sale. Once complete, the original owner removes the item so people don’t continue to ask about it.
6. Content and posting policy
a.We store your posted content on our servers and make it available to other users so that they may decide if they would like to buy an item you are selling and to contact you to make arrangements.
b.You agree to grant us a perpetual, non-exclusive, worldwide and royalty-free license to use, change, copy, distribute, license, sub-license, transfer and exploit your posted content in any manner, consistent with the operation of our business.
c.Your agreement to license posted content to us does not affect your privacy rights whatsoever.
d.By being an active registrant, you agree that you will not use the service for any purpose other than that listed in point 5c, such as (but not limited to) anything that:
●is threatening, abusive, humiliating, indecent or sexually suggestive or explicit
●is deceptive or fraudulent
●creates more spam or other problems in the world
●infringes others’ ownership rights or copyrights
●intentionally causes problems for this service or any other service on the internet
●makes us contradict our policies (e.g. theft or unauthorised posting of user data)
●will not result in a transaction involving a physical item to someone else (e.g. no ads for local services)
●will waste people’s time
e.NextHand is a community moderated platform. We do not actively censor or monitor your posted content but we encourage users to report objectionable posts.
f.We will act by amending, suspending or deleting posts and/or user accounts if we are alerted to or notice content or usage that goes against our policies.
g.You are solely responsible for your actions on our service so please be courteous, reasonable and act in good faith, consistent with our visions described above.
h.You agree to be held responsible for all the consequences of your actions.
i.You agree to post content that is clear and accurate. We operate our business and products with minimum viable information and just-in-time communication. Through this, we are able to significantly cut down the time required to list an item. People searching or browsing your listings will nonetheless invest time and effort so please take a high quality photo and choose appropriate categories and words to describe your items.
j.Photos - The quality of posted content, especially photos, is paramount for the user experience. Mobile devices have excellent cameras but require good lighting and some planning for excellent results. Posting high quality photos will help you and other users better achieve your desired outcomes. As a guide, try the following when taking photos:
●take photos of single items so that someone can easily see what you are giving away
●try placing items on a white background when taking photos
●have good lighting when taking photos or use the flash
●retake blurry photos, tapping the screen to focus the camera
k.Price - The item price is the amount of money the current owner is willing to accept from another user, in exchange for said item. The price is input using a slider, with pre-determined price values to cater for items ranging from $0 to $15000. Please contact us if you would like to sell something for more than $15000.
l.Category and description - Setting a category is as easy as tapping the most applicable word. Take care when selecting though because choosing the wrong category might make your item harder to find. Item descriptions have been purposefully limited to a total of 32 characters. We encourage users to use single, descriptive words rather than sentences.
●Important: Do not enter a price, phone numbers, email addresses, usernames or any other details in the tags field. It is purely a written description of the item.
m.Hashtags in the description - NextHand allows you to place a # in front of a word and this will make that word a tappable search item in search results, to allow users to quickly find other items categorised similarly and/or relating to a particular event, trending topic, etc.
n.GPS and location - GPS coordinates are recorded when the item is listed, so its best to leave the item at the location it was when you posted it to NextHand, otherwise users browsing for items will have an incorrect understanding of their distance from the item.
7. Contacting other users and the transaction
a.NextHand enables you to contact (and be contacted by) other users for the purpose of selling/buying items.
b.When making arrangements with other users, remember you too are in control and you do not need to meet anyone in person if you do not feel comfortable. You can choose to be paid by online transfer (e.g. Paypal) and leave items in the letterbox, on the porch, on the lawn, in the driveway or meet in a public place like a coffee shop. It’s up to you to make suitable arrangements.
c.Do not leave items on public property (e.g. nature strip, side of the road, on the corner of your street) because your item might then be picked up by passers-by and not the user you have made arrangements with.
d.You should not interpret any contact received through the service as a commitment to buy. Users indicating an interest in buying your items are not obligated to do so if they contact you.
e.Ownership is considered transferred only when both parties agree and exchange of money and goods has ocurred.
a.If disputes arise, users should attempt to resolve in a courteous manner.
b.Ownership of the item will remain with original owner until dispute is resolved.
c.We can provide mediation assitance through email to help resolve the dispute. To take up this offer, please email us at email@example.com. You confirm attempts have been made to resolve the matter without our input and agree to be available and cooperative throughout mediation until the matter is resolved.
d.If you would like to dispute a matter relating to the service with us, please contact us by email at firstname.lastname@example.org
a.If you notice usage that goes against the Terms of Usage outlined in this document or any other matter that relates to NextHand, please contact us at email@example.com
b.We treat all correspondence via this method as serious and will respond to each query within 24 hours.
10. Legal Jurisdiction
a.Disputes regarding the interpretation of these terms will be resolved through Australian law, in the state of Victoria.
11. Our Warranty and Liability
a.We will do our best to provide a service that is always available and functioning as intended but cannot guarantee uninterrupted and error-free service availability
b.You agree that other than point 11a, to the maximum extent permitted by applicable law, we have no other warranty obligation to you regarding the service, including (but not limited to):
●Communication and interaction with our users
●Quality or condition of collected items
●Accuracy of photos, tags, prices and location of items
●Availability of users to interact with you
●The behavior of our users
c.You agree that, to the maximum extent permitted by applicable law, we will never be responsible for any loss or damage you suffer from other users.
a.We take no responsibility for the actions of our users.
b.Through these policies, we are by no means attempting to limit our liability implied by the law.
a.We will constantly change and improve the service to make it easier, faster and more enjoyable to achieve your desired outcomes with NextHand.
b.Changes may include (but are not limited to) addition, deletion or amendment of features, screens, terms, documents, websites and any other resources used to provide you the service.
c.Changes may disrupt how you use the service.
e.These documents are “living” documents because they may change to reflect the changing nature of the service and related technology.
a.Feel free to contact us for any matter relating to the service, including feedback and suggestions, by one of the following methods:
●Snail Mail: Clutterly Pty Ltd, PO Box 18411, Melbourne Bourke St, Melbourne, Victoria, Australia, 3001
b.Upon registration, we will auto-subscribe you to our user mailing list to send you a welcome message. If you do not wish to receive any subsequent emails from us then please use the unsubscribe link at the bottom of our emails.
© 2015 Clutterly Pty Ltd
Melbourne Bourke St
PO BOX 18411