Terms of Use

1. About Flogga

Flogga Pty Ltd operates Flogga, an online platform that enables users to list, discover and transact in pre-owned technology.

Unless expressly stated otherwise, Flogga does not own or sell listed goods and is not the buyer, seller, carrier, insurer or guarantor of a transaction between users. A contract for the sale of an item is formed directly between the buyer and seller.

Flogga may provide platform tools such as listings, search, messaging, transaction records and payment-processing integrations. Those tools do not make Flogga a party to the sale.

2. Acceptance and eligibility

By creating an account, publishing a listing or using Flogga, you agree to these Terms and the Privacy Policy.

You must:

• be at least 18 years old;
• have legal capacity to enter binding agreements;
• provide accurate, current information;
• use Flogga only for lawful purposes; and
• comply with applicable Australian laws.

Flogga is currently intended for users and transactions in Australia.

3. Accounts and security

You are responsible for your account, password and activity carried out through your account. You must promptly notify support@flogga.com.au if you suspect unauthorised access.

You must not create misleading accounts, impersonate another person, evade a suspension, or use another user’s account without permission. Flogga may require identity, contact, payout or other verification where reasonably necessary for safety, compliance or payment processing.

4. Sellers and listings

Sellers must:

• have the right to sell each listed item;
• describe the item accurately, including material faults, damage, repairs, locks and missing parts;
• use genuine, current photographs of the item;
• state whether they are acting privately or in trade or commerce;
• set accurate prices, shipping charges and availability;
• remove personal data and disable activation locks before dispatch;
• comply with Flogga’s Prohibited Items rules; and
• dispatch an accepted order within the timeframe shown in the transaction.

Sellers must not list stolen, counterfeit, unsafe, recalled, blacklisted, unlawfully modified or otherwise prohibited items.

5. Buyers

Buyers must review the listing and transaction details before paying, provide accurate delivery information, pay through the payment method offered by Flogga, and inspect delivered items promptly.

Buyers must not misuse payment disputes, chargebacks, refund requests, messaging or review tools. Questions about condition, compatibility, locks, accessories or delivery should be raised before purchase where practicable.

6. Private and business sellers

Sellers must accurately identify whether they are acting privately or in trade or commerce. Rights that cannot lawfully be excluded—including applicable rights under the Australian Consumer Law (ACL)—continue to apply.

Consumer guarantees may differ where an item is acquired from a private seller rather than a business seller. Nothing in these Terms excludes, restricts or modifies a right or remedy that cannot lawfully be excluded.

7. Prices, fees and taxes

The seller service fee applicable to a transaction will be displayed before the seller commits to the transaction. During an expressly stated introductory period, that fee may be 0%.

Subject to that promotion, Flogga’s intended seller service fee is 5% of the item price, excluding shipping, unless a different fee is displayed. Fee changes apply prospectively and do not alter completed transactions.

Displayed fees may be inclusive of GST where applicable. Users remain responsible for their own tax obligations. Payment-provider, bank, refund, dispute or chargeback costs may apply where disclosed or lawfully recoverable.

8. Payments and payouts

Payments are processed by Stripe and participating financial institutions. Their terms, identity checks, processing rules, settlement periods and restrictions also apply.

References to a payment being processed, pending, delayed or released describe the applicable payment-provider and transaction-process status. They do not mean that Flogga provides escrow, deposit-taking, insurance or a guarantee that a buyer or seller will recover funds.

The exact transaction state displayed in Flogga controls. A seller payout is triggered only when the applicable transaction process and payment-provider requirements permit it. Settlement into a bank account can take additional time and may be delayed or rejected by the payment provider or financial institution.

Flogga may correct pricing or fee errors before a transaction is completed. Flogga will not knowingly charge or refund the same transaction twice.

9. Delivery and risk

Unless the listing expressly offers collection, sellers should use trackable shipping and retain proof of lodgement and delivery. Users are responsible for entering accurate delivery information.

Risk between buyer and seller is governed by their agreement and applicable law. Flogga is not a carrier and does not guarantee delivery times, tracking accuracy or the condition of an item in transit.

Users must not mark an item as shipped, delivered or received unless that statement is accurate.

10. Refunds and disputes

Buyers and sellers should first attempt to resolve concerns through Flogga’s transaction messaging. A user seeking assistance should contact support@flogga.com.au promptly and provide the transaction reference, a clear description of the issue and relevant evidence.

Flogga may request information, facilitate communications, restrict account activity and, where permitted by the transaction process, payment provider and law, delay a pending payout or facilitate a refund.

Flogga does not determine the parties’ underlying legal rights and does not guarantee that a payment, refund or item will be recovered. A payment provider or bank may separately investigate a payment dispute or chargeback under its own rules.

Flogga may decline to assist with unsupported, fraudulent, abusive, late or off-platform claims, subject to rights that cannot lawfully be excluded. More detail appears in the Refunds and Disputes Policy.

11. Prohibited conduct

You must not:

• break the law or infringe another person’s rights;
• misrepresent an item, identity, transaction or business status;
• manipulate listings, search, reviews or transaction records;
• send spam, threats, harassment, malware or deceptive links;
• scrape, reverse engineer, disrupt or gain unauthorised access to Flogga;
• use Flogga to arrange payment off-platform to avoid fees or safeguards;
• launder money or use proceeds of crime; or
• help another person do any of these things.

12. Content and intellectual property

You retain ownership of content you submit. You grant Flogga a non-exclusive, worldwide, royalty-free licence to host, reproduce, resize, display and distribute that content to operate, promote and improve Flogga.

You warrant that you have the rights needed to submit the content. Flogga may remove content that breaches these Terms, creates safety or legal risk, or is no longer relevant.

Flogga’s branding, software, design and original content remain owned by Flogga or its licensors.

13. Reviews and communications

Reviews must reflect a genuine transaction and must not be misleading, abusive or unlawfully defamatory. Flogga may moderate or remove reviews that breach these Terms.

Service communications may be sent by email, SMS or in-product notification. Marketing communications are handled in accordance with applicable law and stated preferences.

14. Privacy

Flogga handles personal information in accordance with its Privacy Policy. Third-party services, including Sharetribe, Stripe, Mapbox and hosting or communications providers, may process information under their own terms and privacy notices.

15. Suspension, restriction and termination

Flogga may warn, restrict, suspend or close an account, remove a listing or pause platform activity where reasonably necessary to address suspected fraud, safety concerns, legal requirements, payment risk, repeated complaints or a breach of these Terms.

Where practicable and lawful, Flogga will provide notice and a reasonable opportunity to respond. Some transaction, record-keeping or payment obligations may continue after account closure.

16. Availability and changes

Flogga is provided on an “as available” basis. Flogga does not promise uninterrupted or error-free operation and may maintain, change or discontinue features.

At public launch, Flogga’s supported transaction scope is buying and selling. Swap, auction, offer, cart and native mobile-app functionality are not part of the public launch unless Flogga expressly enables them. Future or experimental features may have supplemental terms.

17. Liability

To the maximum extent permitted by law, Flogga is not responsible for:

• the quality, safety, legality, accuracy or availability of a user’s item;
• a user’s conduct, identity, solvency or performance;
• loss, damage, delay or non-delivery caused by a user, carrier, payment provider or third party;
• indirect, consequential or special loss; or
• loss caused by unauthorised account access where Flogga did not cause that access.

Where Flogga cannot lawfully exclude liability, its liability is limited only to the extent permitted by law. Nothing in these Terms excludes rights or remedies under the ACL or other law that cannot be excluded.

18. Indemnity

To the extent permitted by law, you are responsible for loss reasonably incurred by Flogga arising from your unlawful conduct, material breach of these Terms, infringement of another person’s rights or fraudulent use of Flogga. This clause does not apply to the extent the loss was caused by Flogga’s negligence, unlawful conduct or breach.

19. Changes to these Terms

Flogga may update these Terms. Material changes will be notified through reasonable channels before they take effect where practicable. Continued use after the effective date constitutes acceptance of the updated Terms, subject to applicable law.

20. Governing law

These Terms are governed by the laws of Victoria, Australia. The parties submit to the courts of Victoria and courts entitled to hear appeals from them, subject to any mandatory rights to bring a claim elsewhere.

21. Contact

Legal, privacy and support enquiries:

Flogga Pty Ltd Melbourne, Victoria, Australia Email: support@flogga.com.au ABN 30 700 573 771 ACN 700 573 771