Meyd.it - The Habitat for Slow Fashion which is Ethical and Sustainable

Acknowledgment of Country

Meyd.it Pty Ltd acknowledges the Traditional Custodians of this land and pays respect to Elders, past present and emerging.

Welcome to the Meyd.it Platform and thank you for using it during our BETA Phase 1.

We applaud you for being part of the Meyd.it family and for committing to an ethical and sustainable future for fashion; it starts with you and it starts today.

Legal terms and conditions

These Terms and Conditions form a legally binding contract between Meyd.it Pty Ltd ACN 622 360 936 (Meyd.it), and you the user.

1. These terms and conditions apply to all users of our Platform; if you use this Platform in anyway, you agree to these terms and conditions.
2. ‘Us’ and ‘Our’ means Meyd.it and ‘You’ , ‘User or ‘Users’ means anyone who uses our Platform, including Clients, Creatives and anyone who is browsing;
3. Whether you are just looking or buying fashion items, or making them, these terms always apply, and you are responsible for checking them.
4. We may change these terms and conditions sometimes; it is your responsibility to check for updates and any changes to these terms and conditions or any policies referred to in them.
5. These terms and conditions include our Ethics and Sustainability Policy, Privacy Policy, Cookies Policy as well as any instructions and guidelines you see on our Platform; all of these together are the terms and conditions of contract between you and us.

Who can use it?

1. We don’t mind if you are just looking.
2. If you use the Platform in any way these terms and conditions become a contract between Meyd.it and you.
3. You must only use our Platform if you are aged 18 or over and live in New South Wales, Australia.
4. Creatives must be the people they say are going to make the fashion item – if you are a Creative you must not outsource or subcontract the Making to anyone else.
5. You don’t have to agree to our terms and conditions, but if you don’t then you must not use our Platform.
6. If you use our Platform in any way you are taken and deemed to have agreed to all of our terms and conditions.

What you can use the Meyd.it Platform for

1. We make our Platform available to you so that you can use it to:
   1. have your fashion items, or ‘Makings’ made especially for you as a Client, or your pet, and/or
   2. make fashion items for a Client, if you are a Creative.
2. In this agreement the words ‘Making’ and ‘Makings’ are used interchangeably with ‘fashion items’ and this means clothing and apparel which is material or digital or upcycled, and includes handbags, belts, wallets, and hats, but not accessories like jewelry.

How it works

1. Creatives make their services available on our Platform.
2. Clients can use the Platform to find a Creative of their choice to make their fashion items for them, or let the algorithm find the best available Creative for them.
3. Clients start the process of collaboration and agreement with the Creative, and will be required to accept the Creative’s own terms and conditions if they wish to have a Making made. If the Creatives terms and conditions are inconsistent with these terms and conditions, these Meyd.it terms and conditions will apply to the extent of the inconsistency.
4. Clients use our tools to show and/or describe fashion items they would like made, for example: image or sketch of that jacket or dress you’ve always wanted, a coat for your cat or dog.
5. Clients invite Creatives to make their fashion item by posting their invitation online.
6. Creatives who have registered to use the Meyd.it Platform can use the Platform to contact you, ask any questions (like, have you bought the fabric?), make suggestions, and once they understand what you want, they can offer the Client a price and timeframe.
7. Clients may receive more than one offer and can choose whichever offer they like.
8. [not used]
9. When a Client accepts the Creative’s offer, a contract, separate to this one, and with separate terms and conditions, is made between the Creative and the Client.
10. The contract between the Client and Creative will use the Creatives terms and conditions, price and delivery schedule and outline the Client’s requirements, measurements and delivery address.
11. Clients must use Our courier service to post any fabric, haberdashery, clothing for upcycling and any items related to their Making to the Creative and Creative must also use our nominated courier service to return items to the Client.
12. Clients and Creatives must also accept the Couriers terms and conditions and pay the courier their fee.
13. If a Client does not use our Courier service, Meyd.it will not be liable for lost or damaged items or otherwise.
14. Liability for lost or damaged items is limited and restricted to the Courier’s standard terms of service or 10% of the agreed price for a Making, or $200, whichever is the lessor.
15. Clients and Creatives are strongly encouraged purchase postage insurance, and to use Our Couriers registered delivery services and require the recipient to sign on receipt of the fashion item.
16. Items sent to the wrong recipient are the whole responsibility of the sender and not of Us; if you are a User and you receive a fashion item that was not intended for you, you must notify the sender and Meyd.it immediately.

Money matters

1. Meyd.it will require a deposit of 15% of the purchase price to be held in the Meyd.it Treasury Box, and we may release that after…
2. When the Creative shows you a receipt for shipping of your finished Making, you must pay the remaining price for your purchase by transfer of funds to the Meyd.it Treasury Box.
3. Once the Client receives their purchased fashion item/Making, they must notify Meyd.it via the Platform and Meyd.it will release the funds to the Creative.
4. Meyd.it will add a 15% user fee to every transaction [tbc], this will happen when you use the Platform to make an agreement between a Client and Creative.
5. Meyd.it may choose to release funds to the Creative even if the Client has not notified Meyd.it that they have received their fashion item/Making, and if we choose to do so, we may ask both the Creative and the Client about what went wrong before we do that, and will put our dispute resolution hat on first.

If something didn’t go as planned

1. If something didn’t go as planned you must let us know straight away by emailing helpsortthisout@meyd.it [insert link]
2. If there is a dispute between the Client and Creative Meyd.it will try to help both people to work things out in a common sense, no fuss and reasonably mature way.
3. If any user of the Platform has a dispute with Meyd.it they must contact us at helpsortthisout@meyd.it [insert link] within 10 calendar days of becoming aware of the dispute; you may not report or complain of a conflict or dispute after 10 calendar days, and if you do so, it will be treated as too late and Meyd.it will not take any action about it.
4. By using our Platform you agree:
   1. to make every effort work things out with Meyd.it and any other user in a common sense, no fuss and reasonably mature way;
   2. Meyd.it will make a final decision about any disputes between Clients and Creatives.
   3. You waive any rights you may have to bring the dispute to any sort of small claims tribunal, arbitration, mediation, or court of law, whether as an individual, or as part of a class action;
   4. The decision of Meyd.it on any conflict of dispute is final.
   5. If you are in a dispute with another user, or with Meyd.it, we may suspend your account; when the dispute is resolved you can apply to open another account by contacting helpsortthusout@meyd.it [insert link]

Laws that apply

1. The Laws that apply to your use of our Platform and these terms and conditions are the Laws of the Australian Capital Territory, and even though the right to do so is waived by all users and ourselves, if a dispute must ever end up in a tribunal court, it can only be a court that is located in the Australian Capital Territory (ACT).
2. By using this Platform you agree to comply with the requirements of Human Rights Act (ACT), Modern Slavery Act (Cth).
3. At Meyd.it we take our mission and ethics very seriously and if we have reasons to suspect that any user is in breach of the Human Rights Act (ACT), Modern Slavery Act (Cth) (regardless of whether the Modern Slavery Act (Cth) would apply to the user outside of his agreement) and/or, or any other laws, we can commence legal proceedings in an ACT court – this is the only exception to the provisions in these terms and conditions where any right to take court actions is waived.
4. We abide by all laws that address discrimination of any kind, and you must do that too.
5. You must not use our Platform for any illegal activities, including fraud – you must be who you say you are and never use false identities or provide incorrect contact details or other information.

Things we may remove from the Platform

1. We will be keeping our eye on user content, but we can’t be everywhere at once, if you see something you think must not be there, please contact us at helpsortthusout@meyd.it [insert].
2. We trust our users but we know about bad things and we may remove any content which we think does not meet our standard of ethics and sustainability and may close any accounts if we see content that we consider to be unacceptable, or bullying or harassment, illicit, obscene, unacceptably sexualised, pornographic, lewd, discriminatory, debasing, offensive, hate speech, in contravention of animal welfare rights, in bad taste, or for any reason whatsoever in our absolute and unfettered discretion. If we find images of children or people we think look under 18 years of age we may take these down as well.

Sexy Fashion – what is acceptable and unacceptable user content

1. Generally, bathing wear, underwear and corsetry will not necessarily be considered unacceptable, but we reserve the right to any content if we deem it appropriate to do so.
2. We are not embarrassed when it comes to matters of a sexual nature, and while we recognise that some of our users have sensitivities, users are warned that some content may cause offense, and users are advised to discontinue viewing and content which they find offensive.
3. If you see something on our Platform which you think must not be there, please let us know at helpsortthusout@meyd.it [insert link]

Privacy

1. We comply with privacy law, but we do not warrant or guarantee that any information about you which is personal information personally identifiable information is protected from unauthorised use or disclosure, hacking or other illegal activities.
2. You must not post or share any information on the Platform which you do not wish to make available to others.
3. Meyd.it can view, use and share any of the information you post on the Platform with anyone else, but will take reasonable efforts to protect information such as your address, and date of birth, but we do not guarantee that your data will not be hacked, misused, misappropriated or otherwise used in a way which you do not wish.
4. Meyd.it may use and disclose any personal information if it considers it necessary for reporting, or law enforcement, or related purposes.
5. Some parts of your account are not private, including your account name, and invitation to Creatives – these cannot be kept private as our Platform would not work otherwise.
6. You are responsible for ensuring that if you use any images or information which you post into your Meyd.it account referring to anyone other than yourself, you have that person’s permission to do so, this includes where that image or information could be used to identify the person, even if the information or image does not do so directly.
7. You also agree to indemnify us for any costs, losses or damage incurred by us or anyone else if your use results in a breach of someone’s privacy.

Intellectual Property

1. Users must not use intellectual property without permission or in breach of intellectual property law.
2. If Meyd.it, a Client or Creative is ever liable for any infringement of intellectual property of a Client or a Creative or any third party, the User who shared, posted or used the intellectual property in a way which gave rise to the breach will indemnify Meyd.it for any and all costs, losses and damages for which.it may become liable.
3. Intellectual property in all Makings will be owned by the creator.

Use of Content by Meyd.it

1. Users waive their moral rights, and license Meyd.it to use, share, make copies of, and publish the intellectual property in any of their content in whole or in part) without any attribution, including their Makings for promotions and advertising.
2. Meyd.it may copy, share, disclose and/or publish all User content on Platform, in or on any forum.

Our responsibilities, liabilities and yours in the BETA environment

1. Meyd.it is responsible for the Meyd.it Platform.
2. While we are operating in a BETA environment problems may occur and Meyd.it will try to fix these. We apologise if some functionality or data is ever lost, we may try to get it back, but we do not guarantee to do that.
3. Meyd.it is made available to users on an ‘as is’ basis for users to use entirely at their own risk.
4. Users must make sure they have copies and back-ups of all their content and data.
5. By using the Platform Users agree that Meyd.it is not responsible for making back-ups of their accounts, information, content or any data whatsoever.
6. You cannot hold Meyd.it liable in relation to any agreement or dispute or claim; we exclude all liabilities which may apply to us including any warranties such as fitness for purpose, to the maximum extent possible, except for those we are not allowed to exclude under law. Where liability cannot be excluded Meyd.it’s liability is limited to $100AU per claimant, per year.
7. If you use our Platform you agree to indemnify and hold us harmless for any and all losses, costs and damages we may become liable for, if any arise from your use, including without limitation, consequential loss, emotional harm, business interruption, disruption, and business reputation.
8. Users agree that they will use the Platform on an as-is basis, with any flaws, faults or problems, including benefits, but Meyd.it disclaims all and any responsibility for providing a service or Platform which is suitable and workable for the purposes for which it is made available.
9. The system has unknown glitches and is known to have limitations some of which can be found at https://meyd.it/limitations [insert link]; glitches and limitations may change at any time.
10. Users agree that they will minimise their own risks and mitigate any losses to the fullest extent possible.
11. This system is subject to failures, functional, non functional, performance, uptime, security, and including potential for break in privacy, and loss of data, and the actual system capability may differ from any other representations.

NO assignment or waiver of terms

1. These terms and conditions form the entire agreement between the parties, if any of these are deemed unenforceable or void they will be struck out and the remainder will still apply.
2. These terms and conditions cannot be assigned or waived, whether by writing or otherwise and any attempt to do so will be deemed invalid.

Data security and Your Account

1. You must keep a copy of your communications with any other user of the Meyd.it Platform, including with Meyd it.
2. While we are operative in a BETA environment, problems may occur and Meyd.it will try to fix these. We apologise if some functionality or data is ever lost, we may (but do not have to) try to get it back but we do not guarantee that will be able to.

Plog ins and third party Software

1. We use software which is our own and also that which is owned by third parties and licensed to us, including plug-ins and [TBC]. We will try to make these work, but we may not have control over all relevant aspects; we may contact the provider and arrange for repairs if any of these elements fail to work in the way that they were intended.

MatchMaking, Mentoring, Assistance (Additional Services)

1. However which way you use our Platform, if you set up an account with us, you may request, and Meyd.it may offer you, Additional Services, such as:
   1. Helping Clients find Creatives for specific fashions items via ‘MatchMaking’
   2. Providing mentoring in the collaborative development of a project
   3. Other assistance

We may charge a fee for these Additional Services, and if we do we may let you know ahead of time, however, during BETA Phase 1 all Additional Services will be free.

insurance

1. Users agree that Meyd.it does not hold any insurance in relation to the users use of the Meyd.it Platform and Meyd.it has no obligation to hold any insurance at any time.
2. Users who wish to have product liability or other insurance for their Making, or service or otherwise, must arrange this for themselves, and seek their own advice on what insurances they should have.
3. Creatives, in particular must ensure that they hold the types of insurance which a reasonable and prudent person would hold in the circumstances, for example product liability, premises and contents insurance, Workers Compensation, and Personal Accident cover.
4. Users agree that they are solely and entirely responsible for carrying out their own enquiries as to whether any person or entity they are dealing with in relation to the Meyd.it Platform has relevant insurances and that Meyd.it has no obligation to do so.

Force Majure

1. Neither Clients, Creatives, Meyd.it or any of Meyd.it’s associates, or third party provider, suppliers (including third party software or plug-in suppliers) shall be liable for any failure to perform its obligations in relation to this agreement if such a failure is a result of an event beyond their reasonable control, including but not limited to, natural disasters, war, civil unrest, terrorist activities, cyber attacks, epidemics, pandemics, government action, labour disputes, or any other cause beyond its reasonable control (Force Majure Event).
2. The affected party, whether it is a Creative, Client or Meyd.it will be excused from performing their obligations for the duration of the Force Majure Event, and if the event continues for more than 1 week, either party may terminate this agreement with or without written notice, without any liability for any damage, loss or any claims resulting from the termination whatsoever.

Termination

1. Meyd.it may terminate this agreement, suspend or cancel a user’s account or ban a particular user, at any time it considers there has been a breach of obligations by user, or for convenience and without any liability resulting from the termination whatsoever.
2. Meyd.it may reinstate a cancelled or suspended account at its absolute sole discretion.