Terms of Service

Last updated: 20 August 2026

These Terms & Conditions (Terms) govern your access to and use of the Kifaayat platform, including the website available at kifaayat.shop (Website) and the Kifaayat mobile application available on the Apple App Store and Google Play Store (App) (together, the Platform), and all related services (Services).

The Platform is owned and operated by Data & Web3 Services Pty Ltd (ABN 58 661 415 630), a company incorporated in New South Wales, Australia (Kifaayat, we, us or our).

By creating an account, accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy and Cookie Policy (which are incorporated into these Terms by reference). If you do not agree to these Terms, you must not use the Platform.

1. About Kifaayat

1.1 Kifaayat is an online marketplace that enables users to list, sell and buy pre-loved South Asian fashion and eligible accessories (Items). Users who list Items for sale are Sellers; users who purchase Items are Buyers; both are Members.

1.2 Kifaayat is a facilitator only. We provide the Platform through which Members transact with each other. When a Buyer purchases an Item, the contract of sale for that Item is formed directly between the Buyer and the Seller. Kifaayat is not the seller of any Item, is not a party to any contract of sale between Members, and does not take ownership or possession of any Item at any time.

1.3 The Platform is currently available to residents of Australia, the United States, the United Kingdom, Canada and New Zealand (Supported Countries). You may only use the Platform if you reside in a Supported Country.

2. Eligibility and Accounts

2.1 You must be at least 18 years of age to create an account or use the Platform. By using the Platform you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract. We do not knowingly permit persons under 18 to use the Platform, and we may suspend or close any account we reasonably believe belongs to a person under 18.

2.2 To use the Services you must register for an account. You may be required to provide your name, email address, phone number, delivery address and other information, and to verify your phone number by one-time passcode. Account creation, sign-in and phone verification are managed through our identity provider, Clerk.

2.3 You must ensure that all information you provide to us is accurate, complete and kept up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at community@kifaayat.shop if you become aware of any unauthorised use of your account.

2.4 You may not create an account using another person’s identity, hold more than one account without our consent, or transfer your account to any other person.

2.5 Sellers must complete payout setup with Stripe or PayPal, and may be required to complete identity verification, before their listings can be published and before any payout can be made.

2.6 We do not perform background checks on Members and do not endorse any Member. You transact with other Members at your own risk.

3. Listings

3.1 Sellers may list Items for sale on the Platform through the App. Each listing must:

• relate to a single Item only;
• contain at least three (3) original, clear, high-resolution photographs of the actual Item taken by the Seller (stock images, brand website images and watermarked images are not acceptable as primary photos);
• include accurate details of the Item’s size, measurements, brand or designer, condition (including any flaws, alterations or signs of wear), colour, fabric and price; and
• be priced below the Item’s original retail value.

3.2 Only South Asian fashion and eligible related items may be listed, including (without limitation) lehengas, sarees, salwar suits, shararas, ghararas, anarkalis, kurtis, sherwanis, kurta sets, and eligible jewellery, juttis and accessories. We may accept or decline categories of items at our discretion.

3.3 You must not list any Item that: (a) you do not own or are not authorised to sell; (b) is counterfeit, stolen or infringes any third party’s intellectual property rights; (c) is illegal, unsafe, recalled or prohibited from sale in any relevant jurisdiction; or (d) falls outside Kifaayat’s accepted categories.

3.4 All listings are subject to review by Kifaayat before publication. We aim to review listings within 48 hours. We may request changes to, decline or remove any listing at our sole discretion, including where a listing does not meet the requirements in this clause 3.

3.5 Listing review is a quality-control measure only. Approval of a listing is not a verification, endorsement or authentication of the Item, and does not transfer any responsibility for the listing or the Item from the Seller to Kifaayat. The Seller remains solely responsible for the accuracy, legality and completeness of each of their listings.

3.6 If your Item sells elsewhere, you must immediately deactivate or delete your Kifaayat listing. Listing an Item you no longer have available is a breach of these Terms. Your listings may be automatically closed after 12 months of being posted on the platform to retain the freshness of listings on Kifaayat.

4. No Authentication; Item Descriptions

4.1 Kifaayat is not a professional authenticator. We do not authenticate, inspect, test or verify any Item, and we make no representation, warranty or guarantee that any Item is authentic, genuine or as described, notwithstanding that we may ask Sellers to provide authenticity information (such as brand tags, receipts or packaging) for designer items.

4.2 Kifaayat does not guarantee that any Item will match the images, description, condition, measurements or sizing set out in a listing. Listings are created by Sellers, not by Kifaayat. Colours may appear differently on screen and in photos, sizing varies between brands and countries, and condition descriptions reflect the Seller’s own assessment.

4.3 Buyers are responsible for reviewing listings carefully, asking questions through listing comments, and satisfying themselves about an Item before purchasing.

4.4 Nothing in this clause 4 excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law (see clause 14). Buyers may also have remedies against the Seller under applicable consumer laws.

5. Offers and Listing Comments

5.1 Where a Seller has enabled Make an Offer on a listing, Buyers may submit an offer for the Item. A Buyer may have one active offer per listing at a time. Offers expire automatically after 48 hours if the Seller does not respond. Sellers may accept, counter, decline or ignore any offer. An accepted offer entitles the Buyer to purchase the Item at the agreed price while the Item remains available; the contract of sale is only formed on completion of checkout.

5.2 Listing comments are public. Comments must relate to the listed Item and be respectful. You must not use comments (or any other part of the Platform) to:

• share phone numbers, email addresses, social media handles, payment details or any other contact details;
• solicit or arrange transactions, payments or communications outside the Platform;
• advertise other platforms, websites or sales channels; or
• post abusive, offensive, discriminatory, misleading or otherwise inappropriate content.

5.3 We may remove any comment at our discretion. Members can delete their own comments but cannot edit them; Sellers cannot delete comments left by other users on their listings. Any concerns about comments can be raised by contacting community@kifaayat.shop.

6. Purchases, Payments and Escrow-Style Protection

6.1 All purchases and payments must be completed through the Platform. We do not support and will not protect payments made outside the Platform, including by cash, bank transfer or in person, even for local pick-up. Buyer payments are processed by our third-party payment processors (currently Stripe, with support for cards, Apple Pay and Google Pay). Seller payouts are made through Stripe or PayPal, and in limited cases we may use Wise to make payouts, refunds or other manual payments.

6.2 By submitting payment information you represent that you are authorised to use the relevant payment method. Payments are subject to validation and authorisation by your card issuer and by our payment processors, whose own terms and privacy policies apply to their services. We do not store your full payment card details.

6.3 When a Buyer completes checkout, the payment amount is held and is not released to the Seller until the transaction conditions in this clause 6 are satisfied (Payment Hold). The Payment Hold is a platform feature and does not create a trust, fiduciary or banking relationship between you and Kifaayat.

6.4 Order flow:

• the Seller has 48 hours to accept or decline an order. If the Seller does not accept in time, the order is cancelled and the Buyer is refunded automatically to the original payment method;
• once accepted, the Seller must dispatch the Item within 5 days using a tracked shipping method and must record a valid tracking ID on the Platform. A working, active tracking ID must always be provided;
• payment is released to the Seller when the Buyer confirms delivery, or automatically 10 days after the Seller marks the Item as delivered with a tracking ID, unless the Buyer has raised a dispute in accordance with clause 8.

6.5 Shipping is arranged by the Seller and paid for by the Buyer at the price shown at checkout (as set by the Seller). Kifaayat does not provide shipping labels and does not handle, ship or deliver Items. Risk in an Item passes in accordance with the contract of sale between the Buyer and the Seller. International shipping is available where the Seller has enabled it; the Seller is responsible for any shortfall in shipping costs, and cross-border payouts are made in the Seller’s local currency at rates determined by our payment processors.

7. Fees

7.1 There are no fees to create an account or to list an Item. Kifaayat charges Sellers a commission of 15% of the sale price of each completed transaction, which is deducted automatically before the payout is transferred to the Seller. The commission covers platform operation and payment processing costs.

7.2 We may introduce, change or remove fees at any time. Fee changes will not apply retrospectively and will be notified in accordance with clause 18.

7.3 You are responsible for any taxes arising from your own sales or purchases. Sellers are responsible for determining whether their selling activity gives rise to income tax, GST/VAT/sales tax or reporting obligations in their country.

8. Cancellations, Returns, Refunds and Disputes

8.1 Cancellation by Seller. If a Seller cancels an order, or fails to accept it within 48 hours, or fails to dispatch it within 5 days of acceptance, the Buyer will be refunded in full. Repeated cancellations may result in account suspension and closure of listings.

8.2 Cancellation by Buyer. Orders are binding once placed. A Buyer may request cancellation before the Seller dispatches the Item, but cancellation is at Kifaayat’s discretion and amounts paid (including any service fees) may not be refunded. Contact community@kifaayat.shop if circumstances outside your control require cancellation.

8.3 No change-of-mind returns. Because Items are pre-loved/used goods sold by individual Sellers, Buyers are not entitled to a return or refund for change of mind, incorrect fit, or minor variations in colour or appearance attributable to screen display, except where the Seller agrees.

8.4 Item significantly not as described. If an Item received is significantly not as described in the listing (for example, wrong item, undisclosed major damage or defects, or materially different from the listing photos), or does not arrive, the Buyer must report the issue to Kifaayat at community@kifaayat.shop within 48 hours of the recorded delivery (or, for non-delivery, before the payment auto-release date). If no dispute is raised within that window, the payment is released to the Seller and the transaction is treated as complete.

8.5 On receiving a dispute, we may pause the payment release and will review the evidence provided by both Members (including photos, the listing content and tracking records). We may determine, at our reasonable discretion, that: (a) the payment be released to the Seller; (b) the Buyer be refunded in full or in part (which may be conditional on return of the Item to the Seller, with return shipping at the cost of the party we determine); or (c) another fair outcome apply. Members agree to cooperate with our review and to accept our determination as the outcome of the Platform’s protection process, without limiting any rights they may have against each other, or any non-excludable rights they may have, under applicable law.

8.6 Refunds are made to the original payment method where possible. We may deduct payment-processing costs where permitted by law.

8.7 Nothing in this clause limits a consumer’s non-excludable rights, including under the Australian Consumer Law, the UK Consumer Rights Act 2015, the New Zealand Consumer Guarantees Act 1993 or other applicable consumer protection laws.

9. Local Pick-Up

9.1 Where a Seller offers local pick-up, payment must still be completed through the Platform before collection. Cash on collection is not permitted.

9.2 Meeting in person is at your own risk. Pick-up arrangements, including the time, place and manner of collection, and any meeting at a Member’s home or other private location, are made solely between the Buyer and the Seller. Kifaayat does not vet Members, locations or meeting arrangements, and has no control over, and accepts no responsibility or liability for, anything that occurs before, during or after an in-person meeting or pick-up, including personal injury, loss, theft, property damage or any dispute about the Item, to the maximum extent permitted by law.

9.3 We recommend that Members meet in safe, public, well-lit places during daytime where possible, tell someone where they are going, inspect the Item at hand-over, and do not share more personal information than necessary.

10. Your Content and Licence to Kifaayat

10.1 Content means anything you upload, post or submit to the Platform, including listing photos, videos, descriptions, comments, reviews, profile information and messages.

10.2 You retain ownership of your Content. By uploading Content, you grant Kifaayat a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable and sub-licensable licence to use, host, store, reproduce, modify, adapt, publish, translate, communicate, publicly display and distribute your Content:

• to operate, provide, promote and improve the Platform and Services;
• for Kifaayat’s marketing and promotional purposes across any channel, including but not limited to email marketing, newsletters, social media, website articles, blog posts and advertising and the Platform itself; and
• to make your Content available to other users of the Platform in accordance with these Terms.

This licence survives the deletion of your Content, your listing or your account, in respect of uses commenced or materials created before deletion and for Kifaayat’s continuing marketing uses. To the extent permitted by law, you consent to acts or omissions that would otherwise infringe your moral rights in your Content, and you waive any right to inspect or approve marketing materials that incorporate your Content and any entitlement to compensation for such use.

10.3 You represent and warrant that you own your Content or have all rights necessary to grant the licence above, that your Content is accurate, and that your Content and our use of it will not infringe the rights of any person (including intellectual property, privacy and publicity rights) or breach any law. If your Content includes any identifiable person other than you, you warrant that you have that person’s consent.

10.4 AI features. The Platform includes AI-assisted features (including Magic Assist) that help generate listing titles, descriptions and other content. By using these features, or by uploading images or other Content to the Platform, you acknowledge and agree that your images and Content may be transmitted to and processed by third-party AI providers including Anthropic (Claude), OpenAI and Google (Gemini), to deliver these features, as further described in our Privacy Policy. AI-generated content may contain errors; Sellers must review and remain responsible for the accuracy of their listings, including AI-assisted content.

10.5 We may (but are not obliged to) monitor, review, refuse, edit or remove any Content at our discretion, including Content we consider to breach these Terms or our community guidelines. We are not responsible for Content posted by Members. You should keep your own copies of your Content; we do not guarantee that Content or backups will be preserved.

11. Prohibited Conduct

11.1 You must not:

• attempt to arrange, solicit or complete any transaction, payment or communication outside the Platform (including by sharing contact details), or direct Members to other platforms or sales channels (circumvention);
• use the Platform for any unlawful, fraudulent or misleading purpose, including listing counterfeit or stolen goods or manipulating reviews;
• harass, threaten, stalk, abuse, discriminate against or impersonate any person;
• post Content that is unlawful, defamatory, obscene, hateful or otherwise objectionable, or that contains viruses or malicious code;
• scrape, harvest, data-mine or use any automated means to access the Platform, or collect other Members’ information for unsolicited communications;
• interfere with the operation or security of the Platform, or attempt to gain unauthorised access to any account, system or network;
• use the Platform in connection with any commercial endeavour other than genuine buying and selling as contemplated by these Terms, unless we have approved it in writing (bulk and consignment sellers should contact us); or
• access or use the Platform if you are operating a competing service, for the purpose of building or informing a competing service.
• impersonate Kifaayat, our customer service or support team, or any of our directors, employees, agents or representatives, or falsely state or imply that you are employed by, affiliated with, endorsed by or acting on behalf of Kifaayat, including in usernames, profiles, listings, comments, messages, emails or on any other platform or channel.

11.2 We may investigate suspected breaches and may work with law enforcement or regulators where appropriate.

12. Suspension and Termination

12.1 We may suspend, restrict or terminate your account and access to the Platform, remove your listings or Content, withhold or delay payouts pending investigation, and/or cancel pending orders, immediately and without prior notice, if: (a) we reasonably believe you have breached these Terms (including circumvention under clause 11); (b) we suspect fraud, illegal activity or risk to other Members or to Kifaayat; (c) we are required to do so by law or by a payment processor; or (d) we cease providing the Services in your country. Repeated or serious breaches may result in a permanent ban.

12.2 You may close your account at any time through the App or by contacting community@kifaayat.shop. Account closure does not affect obligations arising from transactions entered into before closure, which must still be completed.

12.3 On termination, clauses which by their nature should survive (including clauses 4, 8, 10, 13–17 and 19) continue in force. Amounts owed to us remain payable, and we may set off amounts you owe us against amounts we hold for you, to the extent permitted by law.

13. Intellectual Property of the Platform

13.1 The Platform and all material on it (excluding Member Content), including software, code, design, text, graphics, logos and trade marks, are owned by or licensed to Data & Web3 Services Pty Ltd and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Platform for personal, non-commercial use in accordance with these Terms. All other rights are reserved.

13.2 You must not copy, reproduce, republish, frame, scrape, modify, distribute or create derivative works from any part of the Platform, or use our trade marks, without our prior written consent.

13.3 Infringement notices. We respect intellectual property rights and will respond to notices submitted under applicable regimes (including the US Digital Millennium Copyright Act). If you believe Content on the Platform infringes your rights, send a notice to community@kifaayat.shop including: identification of the work claimed to be infringed; the URL or location of the allegedly infringing material; your name, address, phone number and email; a statement of your good-faith belief that the use is not authorised; a statement, under penalty of perjury where applicable, that the information in your notice is accurate and that you are the rights owner or authorised to act for them; and your physical or electronic signature. We may remove or disable access to material in response to a valid notice and may terminate the accounts of repeat infringers.

13.4 If you provide us feedback or suggestions, you assign to us all rights in that feedback, and (to the extent assignment is ineffective) grant us a perpetual, irrevocable, royalty-free, worldwide licence to use it without restriction.

14. Consumer Law

14.1 Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy implied or imposed by any law that cannot lawfully be excluded, restricted or modified, including under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law, the UK Consumer Rights Act 2015, the New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986, applicable Canadian federal and provincial consumer protection legislation, and applicable US federal and state consumer protection laws (Non-Excludable Rights).

14.2 Where our liability for breach of a Non-Excludable Right can be limited, our liability is limited (at our option) to the resupply of the relevant services or the payment of the cost of having the relevant services supplied again.

14.3 If you use the Platform as a consumer resident outside Australia, you retain the benefit of any mandatory consumer protections of the law of your country of residence, and nothing in these Terms deprives you of those protections.

15. Disclaimers and Limitation of Liability

15.1 To the maximum extent permitted by law and subject to clause 14, the Platform and Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy or error-free operation.

15.2 Without limiting clause 15.1, and subject always to clause 14, Kifaayat is not responsible or liable for:

• the acts or omissions of any Member, including a Seller’s failure to ship, a Buyer’s failure to pay, or any misrepresentation in a listing;
• the quality, safety, condition, authenticity, legality, fitness for purpose or description of any Item;
• in-person meetings and pick-ups (see clause 9);
• Content posted by Members;
• any loss or damage you suffer as a result of scams, phishing or fraud perpetrated by other Members or third parties, including where a person impersonates Kifaayat, our customer service team or another Member, sends you fraudulent links, messages or emails, or induces you to make a payment, share your login credentials or one-time passcodes, or transact outside the Platform. Kifaayat will never ask you for your password or one-time passcode, and will never ask you to pay or "verify" a payment through a link sent by another user;
• the acts, omissions, availability or terms of third-party services used with the Platform, including payment processors (Stripe, PayPal, Wise), app stores, shipping carriers, AI providers and other integrated services; or
• events beyond our reasonable control, including outages, cyber incidents not caused by our failure to take reasonable precautions, and force majeure events.

15.3 Subject to clause 14 and to the maximum extent permitted by law: (a) Kifaayat will not be liable for any indirect, incidental, special, consequential or exemplary loss or damage, or for loss of profits, revenue, goodwill, opportunity or data, however arising; and (b) Kifaayat’s total aggregate liability to you arising out of or in connection with the Platform, the Services or these Terms is limited to the greater of (i) the total commissions and fees you paid to Kifaayat in the 12 months before the event giving rise to the liability, and (ii) AUD $100.

15.4 Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, the exclusions and limitations in this clause apply to the greatest extent permitted by law.

16. Indemnity

16.1 To the extent permitted by law, you indemnify Kifaayat, its directors, officers, employees and agents against all claims, liabilities, losses, damages, costs and expenses (including reasonable legal costs) arising out of or in connection with: (a) your Content; (b) your Items and your transactions with other Members; (c) your breach of these Terms or of any law; or (d) your negligent, fraudulent or wilful acts or omissions — except to the extent caused by our negligence, fraud or wilful misconduct. This clause does not apply to consumers where and to the extent such an indemnity is unenforceable under applicable consumer law.

17. Dispute Resolution with Kifaayat, Governing Law and Jurisdiction

17.1 Informal resolution first. If you have a dispute with Kifaayat, contact us first at community@kifaayat.shop with your name, account email and a description of the issue, and we will try in good faith to resolve it with you within 30 days. Neither party may commence court proceedings (except for urgent interlocutory relief) unless this clause 17 has been followed.

17.2 Mediation. If a dispute is not resolved within 28 days of written notice, the parties must attempt to resolve it by mediation administered by the Resolution Institute, held in Sydney, Australia (or by video conference), with the mediator’s costs shared equally. If the dispute is not resolved within 2 months of the mediation commencing, either party may terminate the mediation.

17.3 Governing law. These Terms are governed by the laws of New South Wales, Australia, and (subject to clause 17.4) the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia. This clause does not prevent a consumer from relying on mandatory laws, or bringing proceedings in the courts, of their country of residence where they have a non-excludable right to do so, and does not prevent either party from bringing eligible claims in a small claims court or tribunal.

17.4 Arbitration for United States users. If you reside in the United States, you and Kifaayat agree that any dispute arising out of or relating to these Terms or the Platform that is not resolved under clauses 17.1–17.2 will be finally resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court, or seek injunctive relief for infringement or misuse of intellectual property. The arbitration will be conducted in English by a single arbitrator, by video conference or in the county where you reside, and the Federal Arbitration Act governs the interpretation and enforcement of this clause. You and Kifaayat each waive the right to a trial by jury and the right to participate in a class, collective, consolidated or representative action. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court. You may opt out of this arbitration agreement by emailing community@kifaayat.shop within 30 days of first accepting these Terms, stating your name, account email and your decision to opt out.

18. Changes to These Terms and the Platform

18.1 We may update these Terms from time to time. For material changes we will give you reasonable advance notice (at least 30 days where practicable) by email, in-app notice or notice on the Website before the updated Terms take effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Platform and may close your account.

18.2 We may change, suspend or discontinue any part of the Platform or Services at any time. We will use reasonable efforts to ensure pending transactions are completed or refunded where a discontinuation affects them.

19. App Store Terms

19.1 The App is distributed via the Apple App Store and Google Play Store. Your use of the App must also comply with the applicable store’s terms of service.

19.2 If you download the App from the Apple App Store: these Terms are between you and Kifaayat only, not Apple; Apple has no obligation to provide maintenance or support for the App; to the maximum extent permitted by law, Apple has no warranty obligation with respect to the App and any claims relating to the App (including product liability, regulatory compliance and IP claims) are our responsibility, not Apple’s; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a US Government embargo or designated as a “terrorist supporting” country, and are not listed on any US Government list of prohibited or restricted parties.

19.3 If you download the App from Google Play, Google is not a party to these Terms and is not responsible for the App or its content.

20. General

20.1 Notices. We may give you notices by email to your registered address, by push notification, in-app message or by posting on the Platform. You may give us notice at community@kifaayat.shop.

20.2 Communications. By creating an account you consent to receiving service and transactional communications from us electronically (including via Resend, OneSignal push notifications and SMS/OTP messages), and marketing communications in accordance with our Privacy Policy, from which you can unsubscribe at any time.

20.3 Assignment. You may not assign your rights under these Terms without our written consent. We may assign or novate our rights and obligations (including to a purchaser of our business) on notice to you.

20.4 Severability. If any provision of these Terms is held invalid or unenforceable, it will be read down or severed to the minimum extent necessary, and the remaining provisions remain in full force.

20.5 Waiver. A failure to exercise a right under these Terms does not waive that right.

20.6 Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy and any policies referenced in them, constitute the entire agreement between you and Kifaayat regarding the Platform and supersede all prior agreements, including any earlier terms of service.

20.7 Language. If these Terms are translated, the English version prevails to the extent of any inconsistency.

21. Contact Us

Data & Web3 Services Pty Ltd (ABN 58 661 415 630), trading as Kifaayat

Email: community@kifaayat.shop

Website: www.kifaayat.shop