Legal

Terms of Use

Version 2.0. Effective 1 August 2026. Replaces all earlier versions.

These terms are the agreement between you and Nu Pare Pty Ltd. They govern your account, everything you buy, sell, rent or publish through NuPARE, and who is responsible when something goes wrong.

1. Who we are and what these terms cover

NuPARE is operated by Nu Pare Pty Ltd (ACN 698 123 545), trading as NuPARE, ABN 28 698 123 545, a company incorporated in Australia. In these terms, we, us, our and NuPARE mean Nu Pare Pty Ltd, and you means the person using the platform.

These terms apply to the NuPARE mobile applications, nupare.com.au, the brand portal, and every feature, transaction and communication within them.

Some parts of the platform have additional terms: a brand partner agreement, a creator agreement, a membership agreement, or the terms of a specific promotion. Where an additional term conflicts with these terms, the additional term applies to that subject only, and these terms govern everything else.

2. Accepting these terms

You accept these terms by creating an account, by placing an order, or by continuing to use the platform. If you do not accept them, do not use NuPARE.

If you accept these terms on behalf of a business, you warrant that you have authority to bind it, and you means that business as well as you personally.

3. Eligibility

• You must be at least 16 to hold an account.
• You must be at least 18 to sell, list, rent, receive a payout, hold a paid membership, host a paid circle, or otherwise enter a contract through the platform.
• You must have legal capacity to enter a contract, and you must not be a person we are prohibited from dealing with under Australian sanctions law.
• You must not use the platform if we have previously closed your account, unless we agree in writing that you may return.

We may ask you to verify your age or identity at any time, and we may restrict your account until you do.

4. Your account

Your account is personal to you. You must give accurate information, keep it up to date, keep your password confidential and not let anyone else use your account.

You are responsible for everything done through your account. Tell us immediately at support@nupare.com.au if you believe someone else has access to it. If you tell us promptly, we will work with you on anything that happened after you told us; we cannot undo what happened before.

You may close your account at any time in the app. Closure does not cancel an order already placed, release you from an obligation already incurred, or refund a membership except as section 17 provides.

5. What NuPARE is

NuPARE is a platform. Through it you can:

• discover and buy new pieces from partner brands;
• buy and sell pre-owned pieces with other members;
• rent pieces, and list your own for rental;
• sell an eligible piece back to us instantly;
• build and manage a digital wardrobe, plan outfits, and see an estimated resale value;
• publish content, join circles, attend gatherings and follow creators;
• hold a paid membership with additional features.

Not every feature is available at every time, in every place, or to every member. Some are in testing. Section 27 explains what that means.

6. Our role as agent

This section sets out who you are contracting with, and who is responsible for what.

6.1 Brand orders

When you buy a new piece through NuPARE, the contract of sale is between you and the brand. The brand is the supplier. It owns the stock, sets the price, fulfils the order and is responsible for the item. We act as the brand's agent to display the item, take your payment and pass it on. We are not the seller and we do not take title to the item.

6.2 Member resale and rental

When you buy or rent a pre-owned piece, the contract is between you and the other member. They own the item, describe it, and are responsible for it being as described. We provide the marketplace, hold the money and administer the process.

6.3 Where we are the seller

There are limited cases where we act as principal and are the seller ourselves, and we will always say so at the point of sale. The clearest example is a piece we bought through instant buy-back and then resell. In those cases every consumer guarantee in section 16 applies to us directly.

6.4 What this means in practice

Acting as agent limits what we are responsible for. It does not mean we walk away. We will take up a problem with a brand or a member on your behalf, we operate the dispute process in section 25, we hold funds until a transaction is properly complete, and we will remove a seller who does not meet their obligations. What we cannot do is guarantee the performance of another party's contract.

7. Buying from a partner brand

An item shown on NuPARE is an invitation to treat, not an offer. Your order is an offer to buy. A contract forms when the brand accepts it, which we confirm to you by email or in the app.

We or the brand may decline an order, including where the item is unavailable, the price or description was wrong, we cannot verify your payment or identity, the delivery address is outside the brand's service area, or we reasonably suspect fraud or resale for commercial purposes. If we decline after taking payment, you get a full refund.

Product images, colours and measurements are indicative. Screens differ, and a photograph of a garment is not the garment.

8. Resale between members

8.1 If you list an item

You warrant, each time you list, that:

• you own the item outright and have the right to sell it;
• it is authentic, and not a counterfeit, replica or unauthorised copy;
• your description, photographs, sizing and condition grading are accurate and not misleading, including every flaw, alteration, repair and mark;
• the item is clean, safe, and lawful to sell in Australia;
• it is not a prohibited item under section 22.

Your photographs must be of the actual item. Stock images of the same model are not a substitute and are grounds for removal.

8.2 If you buy an item

You buy a pre-owned item in the condition described. Read the description and the photographs. Ask the seller before you buy, not after.

We hold your payment until delivery is confirmed and the inspection window has closed. During that window, if the item is significantly not as described, is counterfeit, or does not arrive, open a dispute in the app and we will not release the money to the seller until it is resolved. Change of mind is not covered.

8.3 Fees

A buyer service fee applies to resale purchases. It is shown separately at checkout before you pay. Seller fees are set out in the app before you list.

8.4 Dealing off-platform

Do not arrange a sale off-platform after meeting through NuPARE. It removes every protection in this section for both of you, and it is grounds for closure of both accounts.

9. Rental

A rental is a hire, not a sale. Title never passes to the renter.

If you rent an item you must return it by the agreed date, in the condition you received it allowing for fair wear, and you are responsible for loss, theft and damage beyond fair wear while it is with you. Late fees, cleaning charges and damage charges are disclosed before you book and are charged to your payment method. If an item is not returned we may charge its declared replacement value.

If you list an item for rental you warrant that you own it, that it is clean, safe and fit for the purpose described, and that you have disclosed every defect. You must send it in time to arrive by the agreed start date.

A refundable bond may be held. It is held on trust, it is not our money, and it is released when the item is returned in acceptable condition. A bond forfeited under these terms is applied to the loss it covers.

10. Instant buy-back

Where we offer to buy an eligible item from you directly, our offer is conditional on the item arriving and matching the condition you declared. It is valid only for the period stated.

On acceptance and receipt, title passes to us and we pay you the offer price. If the item does not match your declaration we may revise the offer or return the item to you at our cost, and you may accept the revised offer or take the item back. If we cannot reach you within 30 days of a revised offer, we will return the item to the address on your account.

Once title passes, the item is ours to resell, repair, donate or recycle. If we resell it, we are the seller and section 16 applies to us in full.

11. Authentication

Authentication is an expert opinion formed on reasonable inspection at a point in time. It is not a warranty of authenticity and it is not insurance.

Where an item is authenticated we will tell you who did it and what was examined. If an authenticated item is later shown to be counterfeit, tell us within 30 days of discovery and we will investigate, and where the fault is ours we will make it right. This does not limit your rights under section 16.

Selling a counterfeit item is a serious breach. We will remove the listing, reverse the payment, close the account and, where the law requires it, report the matter.

12. Prices, payment and currency

Prices are in Australian dollars and include GST where GST applies, unless we state otherwise. Delivery, buyer service fees and any duty are shown before you pay.

Payments are processed by Stripe. By paying you authorise us and Stripe to charge your chosen method for the total shown, including any fee, bond, late charge or damage charge you have agreed to under these terms.

If a price is obviously wrong, we or the brand may cancel the order and refund you in full even after confirmation. We will not force a sale at an obvious error, and we will not hold you to one either.

If a payment fails, is reversed or is charged back, we may suspend fulfilment, recover the amount from any balance we hold for you, and suspend your account until it is resolved. If you believe a charge is wrong, contact us before you contact your bank. A chargeback raised without contacting us first slows the outcome for everyone, including you.

13. Payouts and held funds

Where you sell, rent or earn through NuPARE, we collect the money on your behalf and hold it until the transaction is complete under these terms. Money we hold for you is your money, not ours, and we account for it separately.

We release your funds, less our disclosed fee, after delivery is confirmed and the inspection or return window has closed. Payouts are made to the account you verify with our payment provider. You are responsible for the accuracy of those details.

We may withhold or reverse a payout where a dispute is open, where we reasonably suspect fraud, counterfeit or a breach of these terms, where a chargeback has been raised, or where we are required to by law. We will tell you why, and a person will review it.

You are responsible for your own tax. We do not withhold tax from your payouts unless the law requires it. If you sell regularly enough to be carrying on a business, that is a matter between you and the ATO.

14. Delivery, title and risk

Delivery timeframes are estimates given in good faith and are not guarantees. Where a brand or seller ships directly, their timeframes apply.

For a brand order, title and risk pass in accordance with the brand's terms. For a member sale, risk passes to the buyer on delivery to the address given, and title passes when the funds are released to the seller. For a rental, title never passes and risk sits with the renter from delivery until the item is received back.

If a parcel is lost or damaged in transit, tell us within 14 days of the expected delivery date so we can pursue the carrier while a claim is still open.

15. Returns, cancellations and refunds

Brand orders. The brand's return policy applies and is shown before you buy. We will help you make a return, and we will take it up with the brand if they will not honour their own policy.

Member resale. Because these are pre-owned items sold by individuals, there is no change-of-mind return. Your protection is the inspection window in section 8.2 and your rights in section 16.

Rental. Cancellation terms are shown when you book and depend on how close to the start date you cancel.

How we refund. To the original payment method, within 10 business days of approval, less any non-refundable fee disclosed to you before you paid. A refund of the item price does not automatically refund delivery unless the return is because the item was faulty, not as described, or never arrived, in which case it does.

Nothing in this section limits section 16.

16. Australian Consumer Law

Where you buy goods through NuPARE, the consumer guarantees apply to the supplier of those goods: the brand for a brand order, the member for a member sale, and NuPARE where we are the seller under section 6.3.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. If any part of these terms would do so, that part does not apply to you.

17. Membership and subscriptions

A paid membership gives you the benefits described at the time you subscribe. We may add benefits at any time. If we materially reduce them we will give you at least 30 days' notice and you may cancel and receive a pro-rata refund of the unused period.

• Renewal. Memberships renew automatically at the end of each period at the then-current price, until you cancel. We will tell you before an annual membership renews and before any price change takes effect.
• Cancellation. Cancel at any time in the app. You keep the benefits until the end of the period you have paid for. A monthly membership is not refunded for a partial month, and an annual membership is not refunded mid-term, except where section 16 or another law requires it.
• Free trials. One per person. Cancel before the trial ends or the first period is charged.
• App store purchases. If you subscribe through Apple or Google, they take the payment and their billing and refund rules apply. You must cancel through them, because we cannot cancel a subscription we do not bill.
• Non-payment. If a renewal fails we may retry, and we may suspend the benefits until it succeeds.

18. Circles, gatherings and tickets

A circle may be free or paid. A paid circle is run by its host, not by us; we take the payment, retain a disclosed platform fee and pass the rest to the host. The host is responsible for delivering what they promised.

A ticket to a gathering is for the named holder and the stated event. If a gathering is cancelled by the host or by us, you get a full refund. If you cannot attend, the host's stated policy applies.

Hosts must not use a circle to sell off-platform, to collect payment outside NuPARE, or to promote anything prohibited by section 22.

19. Your content and the licence you give us

You own your content. Your photographs, listings, posts, comments, outfits and wardrobe remain yours. We claim no ownership of them.

You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, reformat, resize, adapt for display, distribute and publicly display your content, solely for the purpose of operating, securing, supporting and promoting the platform. This licence lets us show your listing to a buyer, put your post in a feed, cache your images on a delivery network and back them up.

The limits on that licence are as follows.

• Private content stays private. The licence applies to content you publish or list. It does not let us publish your private wardrobe.
• We will not sell or sub-license your content to a third party for their own purposes, and we will not license it for advertising by anyone else.
• Marketing use is by permission. If we want to feature your content in our own advertising, we will ask you first and you can say no.
• The licence ends when you delete. When you delete content or close your account the licence ends, except for copies in backups until they expire, copies we must keep for a legal or dispute reason, and anything another member lawfully saved or reshared before you deleted it.

You warrant that you have the rights to everything you upload, including any photograph of another person, and that it does not infringe anyone's rights.

20. Wardrobe, valuations and styling

Your wardrobe is yours. You can export it or delete it at any time.

Estimated resale values are derived from comparable listings and completed sales. They are estimates only. They are not an offer to buy, not a valuation for insurance or tax, and not financial advice. Do not rely on them for any purpose that needs a formal valuation.

Styling suggestions, outfit recommendations and fit guidance are generated automatically and offered as suggestions. Sizing varies between brands and a recommendation is not a guarantee of fit.

21. Creators

If you take part in a creator program, a separate creator agreement sets out your commission, campaign obligations and payment terms, and these terms continue to apply alongside it.

You must disclose commercial relationships clearly and comply with the Australian Consumer Law and the AANA codes on advertising. A paid post must be identifiable as one. Undisclosed paid content will be removed and may end your participation.

Commission is earned on attributed sales that complete and are not returned or reversed. Commission on a returned or reversed sale is recovered from your next payout.

22. Acceptable use

You must not:

• list or sell counterfeit, stolen, recalled or unsafe goods;
• list anything prohibited: weapons, drugs, tobacco, alcohol, live animals, human remains, hazardous materials, prescription or therapeutic goods, protected wildlife products including ivory and untraceable fur, or anything unlawful to supply in Australia;
• misrepresent an item, its condition, its origin or its ownership;
• harass, bully, threaten, defame, stalk or impersonate anyone;
• post content that is unlawful, hateful, sexually explicit, or that depicts or promotes violence, self-harm or a criminal act;
• post content involving a child in a sexualised way, which we report to the authorities without exception;
• infringe anyone's copyright, trade mark, design, privacy or other rights;
• spam, scrape, crawl, index, mine, or use a bot or automated means to access the platform without our written permission;
• reverse engineer, decompile, penetrate, overload, probe or interfere with the platform or its security;
• manipulate ratings, reviews, prices, bids, attribution or promotions, or create multiple accounts to do so;
• use the platform for money laundering, sanctions evasion or any other financial crime;
• take a transaction off-platform to avoid fees or protections;
• use the platform to compete with us, including building a competing product from our data.

Security research done in good faith under the terms on our contact page is not a breach of this section.

23. Moderation, suspension and closure

We may review content and transactions, and we may remove content, cancel a listing, hold funds, restrict features, suspend an account or close it, where we reasonably believe these terms have been breached, where we are required to by law, or where it is necessary to protect members.

Where it is practicable and lawful, we will tell you first. Where the risk is serious we may act immediately and tell you afterwards. In either case we will tell you what we did and why.

You can appeal. Email support@nupare.com.au within 30 days. A person who was not involved in the original decision will review it and respond within 14 days.

If we close your account we will still release funds properly owed to you, once any related dispute is resolved.

24. Intellectual property

The platform, its software, design, text, graphics, the NuPARE name and the NuPARE marks are owned by us or licensed to us. We grant you a personal, revocable, non-transferable licence to use the platform for its intended purpose. Everything else is reserved.

Brand names, logos and product imagery belong to their owners and appear under licence or fair dealing.

If you believe something on NuPARE infringes your intellectual property, email hello@nupare.com.au with Legal in the subject line. Identify the work, identify the material, state the basis of your claim, give your contact details, and state that you believe in good faith that the use is not authorised. We act on valid notices promptly and we will tell the person who posted it.

If you send us feedback or a suggestion, we may use it without obligation to you.

25. Disputes between members

Try to resolve it directly first. Most problems are a misunderstanding about condition or timing.

If that fails, open a dispute in the app within the window shown for that transaction. We will ask both sides for evidence, we will hold any funds still in our possession, and we will make a decision on the evidence, usually within 10 business days.

Our decision determines how we release or return money we hold. It does not decide your legal rights, and neither party gives up any right by taking part. You remain free to pursue the other party directly.

26. Third parties and links

The platform links to and integrates with third parties: brands, payment providers, carriers, app stores, social platforms and others. We are not responsible for their products, their content, their terms or their privacy practices. Your dealings with them are between you and them.

27. Availability and changes to the platform

We aim to keep the platform available, but we do not promise it will be uninterrupted or error free. We may suspend it for maintenance, security or an upgrade, and we will give notice where we reasonably can.

We may add, change or remove features. If we remove a feature you paid for, section 17 applies.

Some features are released as beta or early access. They are provided as they are, they may change or be withdrawn, and they may not work as intended. We will always label them.

28. Liability

This section is subject to section 16 and does not apply to anything that cannot lawfully be limited.

To the extent the law allows, we are not liable for:

• the acts or omissions of a brand, seller, renter, host, creator, carrier or other third party;
• an item being unsuitable, not fitting, or not meeting your expectations where it matched its description;
• loss caused by your failure to keep your account secure;
• loss caused by a transaction you took off-platform; or
• indirect, special or consequential loss, loss of profit, loss of opportunity, loss of data, or loss of reputation.

Where our liability can be limited, our total liability to you for all claims connected with a transaction is limited, at our option, to resupplying the service or paying the cost of resupply, and in any event does not exceed the greater of the amount you paid us in connection with that transaction and one hundred Australian dollars.

Nothing in this section limits our liability for fraud, for death or personal injury caused by our negligence, or for anything else that cannot be limited by law.

29. Indemnity

You indemnify us against loss, damage, cost and expense we reasonably incur arising from your breach of these terms, your content, an item you listed or sold, or your breach of the law or another person's rights.

This indemnity does not apply to the extent the loss was caused by our own breach, negligence or unlawful act, and it does not apply to a consumer to the extent it would be unfair under the Australian Consumer Law. We will tell you promptly of any claim, we will not settle it without consulting you, and you may take over the defence.

30. Privacy

Our Privacy Policy forms part of these terms and explains how we handle personal information. By using NuPARE you agree to it.

31. Notices

We give you notice by email to the address on your account, by a message in the app, or by posting it on the platform. It is taken to be received 24 hours after we send it, unless we know it did not arrive. Keep your email address current.

You give us notice by emailing hello@nupare.com.au. A formal legal notice is taken to be received when we acknowledge it.

32. Changes to these terms

We may change these terms. The current version is always at this address with its version number and effective date at the top.

For a material change, we will give you at least 30 days' notice by email or in the app before it takes effect. For a minor change, a correction or a change required by law, we may act on shorter notice and will say so.

Continuing to use NuPARE after a change takes effect means you accept it. If you do not accept it, close your account before that date. A change never applies retrospectively to a transaction you already completed.

33. Resolving a dispute with us

If you have a complaint about us, email support@nupare.com.au and set out what happened and what you want. We will acknowledge within 5 business days and respond within 30 days.

If we cannot resolve it between us, either of us may refer it to mediation before starting proceedings, and neither of us will unreasonably refuse. This does not stop either of us seeking urgent relief from a court, and it does not stop you going to a consumer affairs body, an ombudsman or a tribunal at any time.

34. General

• Governing law. These terms are governed by the laws of Western Australia, Australia. Both of us submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts able to hear appeals from them. If you are a consumer, this does not deprive you of the protection of the law of the place where you live.
• Severance. If any provision is unenforceable, it is read down or severed to the minimum extent necessary and the rest continues.
• No waiver. If we do not enforce a right, we have not waived it.
• Assignment. You may not transfer your rights under these terms without our consent. We may assign ours to a related body corporate or in connection with a sale of the business, and we will tell you.
• Entire agreement. These terms, the Privacy Policy and any additional terms you have accepted are the whole agreement between us on their subject matter.
• Survival. Sections 13, 19, 24, 28, 29, 30, 33 and 34 survive closure of your account.
• Force majeure. Neither of us is liable for a failure caused by something genuinely beyond our reasonable control, and we will tell you if that happens.
• Language. These terms are written in English and the English version prevails.

35. Definitions

• Brand or partner brand: a business that supplies new goods through the platform under a partner agreement with us.
• Content: anything you upload, post, list or send through the platform.
• Member: a person who holds a NuPARE account.
• Platform: the NuPARE applications, nupare.com.au, the brand portal and every related service.
• Inspection window: the period after delivery in which a buyer may raise a problem with a resale purchase, shown on the order.
• Australian Consumer Law: Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Read this with our Privacy Policy, which forms part of these terms.