Terms of Service

Nearbuy is operated by Nearbuy Team (ABN 84 313 476 757) ("Nearbuy", "we", "us"). By creating an account or using Nearbuy, you agree to these Terms and to our Privacy Policy. If you don't agree, please don't use Nearbuy.

You must be 18 years or older and able to enter a binding contract to use Nearbuy. By using Nearbuy you confirm you meet these requirements. Nearbuy is intended for people in our current launch area around Sunbury, Victoria.

Nearbuy is a venue that connects neighbours. We help makers list items and help buyers discover them and arrange to meet in person.

Nearbuy is not the buyer or the seller, and is not a party to the transaction between them. When you buy an item, your contract is with the maker, not with Nearbuy. We don't make, own, inspect, or guarantee any item, and we're not responsible for the quality, safety, legality, or accuracy of listings, or for users honouring their commitments.

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law or other law that cannot lawfully be excluded. To the extent we supply services to you, those consumer guarantees apply. Makers who sell "in trade or commerce" may also owe consumer guarantees to buyers directly.

You're responsible for your account and for keeping your login secure. Keep your information accurate. Tell us promptly if you suspect unauthorised use. We may verify your identity, email, and phone number.

Nearbuy is only for items that are genuinely handmade, homegrown, or genuine pre-loved items you owned — never mass-produced, drop-shipped, or bought wholesale to resell.

For now, the following must NOT be listed or sold on Nearbuy (this list may change as the platform matures):

• Food, drinks, or anything intended to be eaten or drunk (including baked goods, preserves, honey, produce, and home-prepared food).
• Cosmetics, skincare, or anything applied to the body (including soaps, balms, and bath products), and anything inhaled or burned for scent where safety claims are involved — see launch notes.
• Medicines, supplements, vapes, tobacco, alcohol, or drugs.
• Weapons, dangerous goods, recalled or unsafe items.
• Live animals.
• Counterfeit, stolen, or illegal items, or anything that infringes someone's rights.
• Anything offensive, hateful, or that endangers others.

We may remove any listing and suspend any account that breaches these rules.

If you list items, you confirm that: you have the right to sell them; your listings are honest and accurate; the items are what you claim ("The Maker's Promise"); you'll comply with all applicable laws; and you're responsible for your own tax obligations. You agree to meet the buyer in person to complete the handshake and hand over the item.

If you buy an item, you agree to pay the listed price and applicable fees, to meet the maker to collect the item, and to act in good faith and honestly.

• Payments are processed by Stripe. By transacting, you also agree to Stripe's terms.
• Each purchase includes the item price plus fees shown at checkout: a Nearbuy fee (currently 5%, paid by the maker), a Community Fee (currently $1, paid by the buyer), and card processing. We may change fees with notice.
• Funds are held and released around the in-person handshake confirmation. Seller payouts are made via Stripe Connect, subject to Stripe's terms and timing (typically within a couple of business days of release).
• Nearbuy facilitates payment between buyer and maker; we are not the merchant or seller of the item.
• Refunds, cancellations, and disputes: if a meetup doesn't happen or an item isn't as described, contact us and the other party in good faith. Your rights under the Australian Consumer Law are not affected.

Nearbuy involves meeting other people in person to exchange items. You do this at your own risk. We strongly recommend you:

• meet only at public "Handshake Zones" (e.g. partner cafés and community venues) during opening hours;
• meet in daylight and consider bringing someone with you;
• trust your instincts and leave if you feel unsafe; and
• never share more personal information than you need to.

Nearbuy is not responsible for what happens during in-person meetups and does not vet or supervise users. If something feels wrong, use the in-app Report function or contact local authorities.

You keep ownership of the content you post (photos, listings, messages), and you grant Nearbuy a licence to host and display it so the app can work. You're responsible for your content and must have the right to post it.

We may monitor, scan, and review activity and messages — including using automated AI tools — to keep the community safe (see the Privacy Policy, Section 4). We may remove content, and suspend or close accounts, that breach these Terms or threaten safety.

You agree not to: harass, scam, threaten, or abuse others; post false, misleading, or harmful content; circumvent fees or take transactions off-platform to avoid protections; misuse the vouch, report, or rating features; or break any law. We may use vouches, reports, blocks, suspensions, and bans to protect the community, at our discretion.

The Nearbuy name, brand, and app are owned by us. You may not copy or misuse them. Your licence to us (see "Your content, and monitoring" above) is only so we can run the service.

To the maximum extent permitted by law (and subject to the Australian Consumer Law protections in section 4 above, which always apply):

• Nearbuy is provided "as is" and "as available". We don't guarantee it will be uninterrupted or error-free.
• We are not liable for the conduct of users, the quality, safety, or legality of items, what happens at meetups, or losses arising from your dealings with other users.
• Where our liability cannot be excluded but can be limited, our liability is limited to the maximum extent the law allows (for example, re-supplying the service).

To the extent permitted by law, you agree to compensate us for losses or claims arising from your misuse of Nearbuy, your breach of these Terms, or your dealings with other users. This does not apply to the extent a loss is caused by us or cannot be excluded by law.

We may suspend or close accounts that breach these Terms or threaten the community, and you may close your account at any time. Some provisions (like payment records and liability terms) survive termination.

We may update these Terms. If we make a significant change, we'll take reasonable steps to notify you. Continuing to use Nearbuy after changes means you accept them.

These Terms are governed by the laws of Victoria, Australia, and you submit to the courts of that jurisdiction. This does not remove protections available to you under the law of where you live.

Nearbuy Team — support@near-buy.app — Sunbury, Victoria, Australia.