The Heap — theheap.com.au
Terms of Service
These Terms of Service ("Terms") are an agreement between you and The Heap Australia (ABN 57 497 030 311) ("The Heap", "we", "us", "our"). By creating an account or using theheap.com.au (the "Platform"), you agree to these Terms. If you don't agree, please don't use the Platform.
1. What The Heap is (and isn't)
The Heap is an online venue where people can list, browse, buy and sell leftover building materials, tools and related items.
We are a venue only. We are not a party to any transaction between users. We do not own, hold, inspect, test, verify or deliver any item listed on the Platform, and we do not act as agent, broker or insurer for any buyer or seller. Every sale is a private transaction directly between the buyer and the seller.
2. Your account
- You must be at least 18 years old to use the Platform.
- You must provide accurate information and keep your account secure. You are responsible for all activity under your account.
- We may suspend or close accounts that breach these Terms.
3. Listings and sellers
If you list an item, you promise that:
- You own the item or have the right to sell it.
- Your listing (including photos, description, condition, dimensions and price) is accurate and not misleading.
- The item is lawful to sell and safe for its ordinary use.
Prohibited items. You must not list, among other things:
- Stolen goods or goods you don't have the right to sell.
- Asbestos or any material containing or suspected of containing asbestos (including fibro/AC sheeting from pre-1990 buildings).
- Items that are unlawful to supply, or that don't comply with mandatory Australian safety standards (for example, non-compliant electrical goods).
- Hazardous chemicals or dangerous goods that can't lawfully be sold privately.
- Anything else we reasonably consider unsafe, unlawful or inappropriate.
We may remove any listing at our discretion, but we are not obliged to review, moderate or verify listings, and the presence of a listing on the Platform is not an endorsement of the item or the seller.
4. Buying
Items on The Heap are second-hand, surplus or leftover goods sold by private individuals and businesses. It is your responsibility to:
- Ask questions and satisfy yourself about an item's condition, suitability, compliance and value before buying.
- Inspect items in person before paying, wherever possible.
- Arrange payment, pickup and (if agreed) delivery directly with the other party.
Unless the seller says otherwise, items are sold "as is". Where a seller is a business, the Australian Consumer Law may give you rights against that seller — those rights are between you and the seller, not us.
5. Meeting other users — your safety
Buying and selling on The Heap usually involves meeting a stranger. You do so at your own risk. We do not run identity or background checks on users.
You acknowledge and agree that:
- You are solely responsible for your interactions with other users, whether online, by phone or in person.
- We are not responsible for the conduct of any user, on or off the Platform.
We strongly recommend common-sense precautions: meet in daylight, take someone with you, tell someone where you're going, use safe payment methods, don't share more personal information than necessary, and trust your instincts — if something feels off, walk away.
6. Fees
Using The Heap is currently free. If we introduce fees or paid features in the future, we'll tell you before they apply to you.
7. Your content
You keep ownership of the content you post (listings, photos, messages). You grant us a non-exclusive, royalty-free, worldwide licence to host, use, display, reproduce and adapt that content for the purpose of operating, promoting and improving the Platform. You are responsible for your content and must have the rights to post it.
8. Acceptable use
You must not:
- Break any law, or infringe anyone's rights, when using the Platform.
- Post false, misleading, defamatory, offensive or fraudulent content.
- Harass, threaten or harm other users.
- Scrape, data-mine or copy the Platform or its content other than for your personal use of the service.
- Interfere with the Platform's operation or security, or attempt to access accounts or data that aren't yours.
- Use the Platform to send spam or unsolicited advertising.
9. Third-party services
The Platform relies on third-party services (for example, hosting, authentication and email providers) and may contain links to third-party sites. We are not responsible for third-party services or sites.
10. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified. Our services come with guarantees that cannot be excluded under the Australian Consumer Law.
11. Disclaimers and limitation of liability
Subject to clause 10:
- The Platform is provided "as is" and "as available". We do not warrant that it will be uninterrupted, error-free or secure, or that listings are accurate, lawful or safe.
- To the maximum extent permitted by law, we exclude all liability to you or anyone else for any loss, damage, injury, cost or expense (including loss of profit, loss of data, property damage or personal injury) arising out of or in connection with: (a) any transaction, communication, meeting or dispute between users; (b) any item listed, bought or sold on the Platform, including its condition, safety, legality or fitness for purpose; (c) the conduct of any user; or (d) your use of, or inability to use, the Platform — whether in contract, tort (including negligence), statute or otherwise.
- Where our liability cannot be excluded but can be limited, our liability is limited, at our option, to resupplying the relevant service or paying the cost of having it resupplied, and in any event our total aggregate liability to you is limited to AUD $100.
12. Indemnity
You indemnify us against all claims, liabilities, losses, damages, costs and expenses (including reasonable legal costs) arising out of or in connection with: (a) your content or listings; (b) your breach of these Terms or any law; (c) any transaction, meeting or dispute between you and another user; or (d) your negligence or wilful misconduct. This indemnity doesn't apply to the extent a claim arises from our own negligence or breach of law.
13. Disputes between users
Disputes about a sale, an item or a meeting are between the users involved. We have no obligation to mediate or resolve them, though we may (at our discretion) assist or take action on accounts involved.
14. Suspension and termination
We may suspend or terminate your access to the Platform at any time if we reasonably believe you have breached these Terms or pose a risk to other users or to us. You can close your account at any time. Clauses that by their nature should survive (including clauses 7, 10, 11, 12 and 16) survive termination.
15. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we'll take reasonable steps to notify you (for example, by email or a notice on the Platform). Your continued use of the Platform after changes take effect means you accept the updated Terms.
16. General
- These Terms are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of Queensland.
- If any part of these Terms is invalid or unenforceable, it is severed and the rest remains in force.
- These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Platform.
17. Contact
Questions about these Terms: sometimesonny@gmail.com