Dela Terms of Use

These Terms of Use govern your use of the Dela Platform, operated by Delaxchange Pty Ltd (“Dela“, “we“, “our“, or “us“). By accessing or using the Platform via mobile app or website, you agree to be bound by these Terms of Use.

Definitions

For the purposes of these Terms of Use:

Account means the registered profile you create on the Platform to use its services.

Account Holder means the individual who registered the Account and is the user of the Platform.

App means the Dela mobile application available on iOS and Android.

Buyer means a user who uses the Platform to purchase an item from a Seller.

Buyer Protection Fee means the fee charged by Dela for use of the Platform and calculated in accordance with Clause 6.2.

Courier means the third-party shipping service used for delivery, as integrated through Freight Exchange or similar services.

Deal means the transaction initiated between a Buyer and Seller through the Platform, including payment and delivery arrangements.

Deal Summary means the Platform generated summary setting out the Item details, agreed price, Buyer Protection Fee, Shipping Fees (if applicable), Final Price and delivery method.

Platform means the Dela app and website collectively, through which Deals are facilitated.

Dispute means a complaint, claim, or issue raised by either the Buyer or Seller relating to non-delivery, damage, incorrect items, or failure to comply with the agreed terms of a Deal.

Secure Payment Flow means the process whereby funds paid by the Buyer are securely held by Stripe (via a Stripe-managed account linked to Dela) until delivery conditions under these Terms are met, after which funds are released to the Seller.

Final Price means total price paid by the Buyer for the Item and as calculated in accordance with clause 6.1.

Funds means the total amount of money paid by the Buyer for the Deal (being the Final Price) which is securely held by Stripe under the Secure Payment Flow.

Initiating User means the User who creates or begins a Deal on the Platform by submitting the required Deal details and inviting the other party to participate and as detailed in clause 4.

Seller means a user who uses the Platform to sell an item to a Buyer.

Shipping means the method of delivery selected for a Deal and as described in clause 5.

Shipping Fees has the meaning given in clause 6.3.

Stripe refers to Stripe, Inc. and its affiliates, which provide third-party payment processing services for the Platform by facilitating the Secure Payment Flow.

User means any individual who accesses or uses the Platform, including both Buyers and Sellers.

User Acknowledgement

2.1 By using the Platform, you acknowledge and agree that:

(a) The Platform is a secure payments platform that facilitates a Deal between a Buyer and Seller;

(b) Dela is not a marketplace and does not operate a listing service, broker transactions, or take possession, custody, or legal title of any items;

(c) Dela does not at any time hold title to, or have any ownership interest in, any item listed, delivered, or exchanged via the Platform. Legal title and all associated risk remain with the Seller until the item is delivered and confirmed in accordance with these Terms, at which point risk transfers to the Buyer;

(d) Dela is not responsible for verifying, storing, or guaranteeing the legality, condition, or existence of any Item;

(e) Dela does not hold, control or have access to Funds paid by the Buyer for a Deal. All Funds are securely held by Stripe under the Secure Payment Flow and are only released in accordance with this Terms.

(f) Dela retains in-app communication records for up to 3 months (90 days) after a transaction is completed, or longer if required for an active dispute, fraud investigation, or legal obligation. These records are securely stored and permanently deleted or anonymised once no longer required.

User Account Registration and Eligibility Conditions

3.1 To use the Platform you must:

(a) Register and maintain an active Account;

(b) Be at least 18 years old;

(d) Have the legal capacity to enter into binding agreements.

3.2 You must create and maintain an Account using information that is accurate, current, and complete to the best of your knowledge and you agree to complete identity verification processes as required by the Platform.

3.3 As an active Account holder, you agree to:

(a) Update your Account details if any information changes;

(b) Be responsible for maintaining the confidentiality and security of your Account credentials;

(d) Not create more than one Account without written permission from us;

(e) Not use false information or engage in any fraudulent, misleading or illegal conduct on the Platform.

(f) Not use in-app messaging or other communication features to share personal contact information (such as phone numbers, social media handles, home addresses, or payment details) outside the permitted Platform processes. Dela may automatically redact or block such information to protect user privacy and safety.

3.4 We reserve the right to suspend or terminate your Account without notice if we reasonably believe you are in breach of your obligations as set out in clause 3.2 above, in accordance with clause 12, or if we reasonably believe your conduct presents a risk to the integrity, security, or reputation of the Platform. Dela may use technical measures (including device and browser fingerprinting, IP and payment method analysis, cookies, and other signals) and manual review to detect duplicate, linked, or fraudulent accounts.

Deal Process and Transaction Obligations

4.1 Deal Initiation

(a) A Deal may be initiated through the Platform by either a Buyer or a Seller (Initiating User);

(b) The Initiating User invites the other party to join the Deal via unique link generated by the Platform;

(I) A clear and accurate description of the item, including key features, condition (e.g., new, used, refurbished), brand or model identifiers, and any known faults or limitations;
(II) the agreed purchase price;
(III) delivery details including address and method; and
(IV) any other terms you have agreed with the other User.

(d) Once the information required in clause 4.1(c) is submitted, the Platform will generate a Deal Summary setting out the agreed terms including the Final Price and delivery information;

(e) The Deal Summary is provided to both the Buyer and Seller, and the Deal will proceed to payment when both parties have reviewed and accepted the Deal Summary;

(f) If no action is taken by either party within seven (7) days of the Deal being initiated, specifically, if the Buyer does not make payment and/or the Seller does not dispatch the Item, the Platform will automatically cancel the Deal.

4.2 Secure Payment Process

(a) Once the Deal Summary is accepted by both the Buyer and the Seller, the Buyer is prompted to make payment of the Final Price via Stripe.

(b) All Funds are processed through Stripe and are held in a Stripe managed account under the Secure Payment Flow.

(c) For the avoidance of doubt, Dela does not hold or have direct access to Funds at any time. However, Dela has authority to instruct Stripe, as the third-party payment processor, to release Funds from the Stripe-managed account once the conditions set out in these Terms are met.

(d) Funds may be held for up to 90 days, subject to Stripe’s policies and applicable laws.

(e) The following additional payment details will apply:

(I) Once Dela initiates a payment release to the Seller, Funds are typically available in the Seller’s nominated account within approximately 3 business days. However, actual timeframes may vary and are subject to delays caused by third-party payment processors, banks, or other factors beyond Dela’s control. Dela is not responsible for any delays in funds reaching the Seller’s account once the release instruction has been initiated.
(II) In the event of a refund, funds are typically returned to the Buyer’s nominated account within approximately 10 business days. Actual timeframes may vary and are subject to delays caused by third-party payment processors, banks, or other factors beyond Dela’s control.

(f) Users acknowledge and agree that all payments are processed by Stripe and are subject to Stripe’s terms and conditions, which can be found at their Full-Service Agreement- Stripe Connected Account Agreement.

(g) The Platform only accepts Australian issued payment cards. International cards are not currently supported. Accepted card types include Visa, Mastercard and American Express, subject to Stripe’s processing capabilities.

(h) Dela and Stripe may conduct automated and manual fraud checks on all transactions to protect Users and the Platform.

(I) Stolen or unauthorised cards; If Dela or Stripe suspects a payment has been made using a stolen, cloned, or unauthorised card, Dela may place a hold on the associated Funds while the transaction is investigated. Funds will not be released until the investigation concludes.
(II) Duplicate or erroneous payments; In the event a duplicate payment or system error results in an overpayment to any party, Dela may reverse or debit the overpaid amount from the relevant User’s Funds, account balance, or linked payment method.
(III) Refund routing; Refunds will always be returned to the original payment method used for the Deal. Dela will not redirect refunds to a different card, account, or third party. This ensures compliance with payment-provider security requirements.
(IV) Seller payout failures; Where a Seller’s nominated bank rejects a payout or delays settlement, Dela will re-attempt the transfer once valid banking details are confirmed. Dela is not liable for delays caused by incorrect or invalid Seller account details.

These measures operate independently of the Dispute process in clause 4.4. Dela’s determination regarding payment security, reversal, or recovery actions under this clause is final for the purpose of fund release and Platform use.

4.3 Conditions for Release of Funds

(a) Funds will be released to the Seller when:

(I) The item has been delivered to the address provided by the Buyer; and
(II) Delivery is confirmed by:
- - (i) Verified courier tracking through the Platform and/or
  - (ii) Buyer confirmation within 24 hours of delivery.

(b) If the Buyer does not confirm receipt or raise a dispute within 24 hours of Delivery Confirmation (shown by consignment ID tracking), Funds will be released to the Seller automatically unless Dela determines otherwise.

4.4 Disputes and Fund Handling

(a) A Buyer may raise a Dispute before Funds are released by using the in-app chat feature within the Platform or by contacting Customer Support at support@delaxchange.com. The Dispute must be raised within the timeframes specified in clause 8.1(e). Once a Dispute is raised Funds remain held pending resolution.

(b) Dela will investigate Disputes and may;

(I) Release Funds to the Seller;
(II) Refund the Buyer;
(III) Arrange a partial refund or other resolution.

Dispute Types and Resolutions

(d) Binding nature of paid Deals – Once the Buyer has made payment of the Final Price via the Platform, the Deal is considered binding. The Buyer may not cancel or withdraw from the Deal due to change of mind, preference, or any other reason unrelated to the Seller’s performance or the condition of the Item. A Deal may be cancelled if:

(I) The Seller fails to dispatch the Item within the required timeframe set out in Clause 4.1; or
(II) Both parties mutually agree in writing via the Platform to cancel the Deal prior to dispatch.

The Buyer Protection Fee is non-refundable in all circumstances, including where a Deal is cancelled by mutual agreement. Refusal or non-acceptance of delivery by the Buyer does not constitute a valid cancellation.

(e) Refund considerations – Refunds may apply where a valid Dispute results in a finding that the Item;

(I) Was not delivered; or
(II) Was materially inconsistent with the Deal Summary; or
(III) Was defective on arrival (DOA).

Change-of-mind, fit, style, or subjective preference issues are excluded. Nothing in this Clause limits non-excludable rights under Australian Consumer Law.

(f) Material difference threshold – A difference must be material to qualify as “not as described.” Minor imperfections (e.g., light marks, hairline scratches, scuffs, colour variances due to lighting) do not qualify. Dela determines materiality based on listing images, timestamps, and submitted evidence. Dela will make the final determination of whether a reported issue meets the material-difference threshold based on the evidence provided, including listing images, timestamps, and supplied photos.

(g) Authenticity and counterfeit claims – Where a Buyer alleges that an Item is counterfeit or not authentic, the Buyer must raise the dispute within 24 hours of confirmed delivery and submit photographs clearly showing the features they believe indicate counterfeit or misrepresentation. If a Seller provides forged, falsified, or misleading documents or certificates (such as authenticity papers, receipts, or valuation reports), this constitutes fraud and a material breach of these Terms.

Dela will review the Seller’s original listing photographs and any identifying marks, serial numbers or documentation against the Buyer’s evidence. If the evidence clearly supports one party, Dela may determine the dispute and either;

(I) Release funds to the Seller, or
(II) Refund the Buyer.

If authenticity cannot reasonably be determined from the available evidence, Dela may require independent third-party authentication. The party requesting authentication will pay the cost upfront.

(h) Missing accessories or components – Any accessory or component shown or described in the Seller’s listing or Deal Summary must be included in the shipment. Buyers may raise a Dispute if an Item is received without an accessory, attachment, or component that was specifically described or shown in the Deal Summary or the Seller’s listing photos. Accessories or packaging items not explicitly shown or described in the listing (for example, manuals, boxes, or protective pouches) are not deemed included unless the Seller expressly stated otherwise. Dela will review the Deal Summary, listing photos, and Buyer-provided photos to determine whether the missing accessory was reasonably expected as part of the Deal.

(i) Post-use or “not working” claims – Claims that arise after the Item has been used, worn, or operated beyond initial inspection are excluded. Only DOA issues reported within 24 hours of delivery may be considered. If Dela confirms a DOA defect, the Seller is liable for refund or repair cost deduction.

(j) Shipping and courier-related claims – Dela integrates with approved third-party couriers to provide tracking and delivery confirmation.

(I) Lost, delayed or damaged parcels – Where a parcel is lost, delayed or arrives damaged, Dela will assist with a carrier investigation. If the shipment was covered by Dela Protection +, Dela may process a claim on behalf of the Buyer or Seller as applicable. If no extra warranty was purchased, the Seller is responsible for loss or damage in transit unless the courier confirms the loss was caused solely by the carrier. Buyers must report transit damage within 24 hours of delivery and include time stamped photos of packaging and item condition.
(II) Courier delivery errors – The Seller is responsible for ensuring the correct Buyer address appears on the shipping label. If mis-delivery occurs due to Seller error, the Seller is liable. If caused by the courier, Dela will support a carrier claim.
(III) Forgery or false scans – If Dela receives credible evidence that a courier signature or delivery scan was falsified, Dela may suspend fund release until the carrier confirms the outcome.
(IV) Buyer-supplied incorrect address – Buyers are responsible for entering accurate delivery details. If a parcel cannot be delivered or is returned due to Buyer error, the Buyer will bear re-delivery or return costs.
(V) Tampering or opened parcels – Buyers must notify Dela within 24 hours of delivery if a parcel appears opened, resealed, or tampered with in transit (which damages the Item), supported by clear photo evidence. Dela will review courier data and packaging photos to make a final decision.
(VI) Proof of lodgement – Sellers must retain evidence of shipment, such as a photo of the parcel with courier label or a carrier receipt. Failure to provide proof of lodgement when requested may delay payout or result in a decision in favour of the Buyer.

In all cases, Dela’s decision based on courier data, extra warranty coverage, and available evidence is final for the purpose of fund release.

(k) Theft, loss, or damage occurring after confirmed delivery (including porch or mailbox theft) is outside Dela’s liability. Where a Buyer returns an Item, Sellers must document the condition of the Item before shipment and upon return using time stamped photos or serial verification. If Seller claims returned item is damaged by Buyer, Dela will compare the pre- and post-return evidence. In the absence of sufficient proof, Dela’s decision will be final.

(l) Chargebacks and out-of-band payment reversals – Buyers must not initiate or pursue a chargeback, payment reversal, or other refund process with their bank, card issuer, or payment provider in respect of a Deal without first raising the issue with Dela through the Platform and giving Dela a reasonable opportunity to resolve the matter.

If a Buyer initiates a chargeback or payment reversal without first notifying Dela, or otherwise causes a payment reversal that results in Funds being withdrawn from Dela’s custody (a “Payment Reversal”), the Buyer acknowledges and agrees that:

(I) Dela may treat that conduct as fraudulent or abusive and may suspend or permanently close the Buyer’s Account;
(II) Dela may recover any duplicated or overpaid amounts from the Buyer’s Funds, any linked payment method, or future payouts;
(III) Dela may offset any amounts owed against other monies held for or due to the Buyer on the Platform; and
(IV) Dela will provide transaction records and case identifiers to the payment provider and may take any steps necessary to recover the Funds (including legal action).

Where a Payment Reversal occurs, Dela may (at its sole discretion) place a hold on related Seller payouts pending the outcome of the payment-provider investigation. The Seller will be notified of the Payment Reversal and of any hold. Dela’s determination following its investigation is final for the purposes of fund allocation on the Platform.

Nothing in this clause prevents a Buyer from exercising rights granted by law (including lodging a bona fide chargeback where permitted) but initiating a Payment Reversal without first notifying Dela and engaging with Dela’s dispute process may result in the consequences set out above.

(m) Late Disputes – Disputes must be raised within 24 hours of confirmed delivery. Disputes submitted after this timeframe will be automatically declined unless Dela verifies courier error, platform outage, or other exceptional circumstances. In such cases, Dela may extend the reporting window at its discretion. If a technical issue or Platform outage prevents a Buyer or Seller from submitting a Dispute on time, Dela may, acting reasonably, allow additional time for that Dispute to be raised. If an operational or tracking error results in Funds being released in error, Dela may temporarily hold, reverse, or recover those Funds to correct the mistake and ensure the correct party is paid.

(n) Dela monitors the frequency and outcome of Disputes and Buyer Protection claims. Users who repeatedly file unfounded, exaggerated, or manipulative claims may be deemed to be abusing the Platform. Submitting falsified, altered, or misleading evidence in any Dispute is a material breach of these Terms. Dela may suspend or permanently restrict such Users, apply administrative review fees, or deny further Buyer Protection coverage. Repeated abuse of the Dispute process is treated as a material breach of these Terms.

Dela is committed to handling all Disputes in a fair, consistent, and impartial manner. Where a Dispute involves a complex issue, a high-value transaction, or a potential conflict of interest, Dela may assign the review to a second representative to ensure objectivity and accuracy.

Shipping

5.1 The Platform supports two Shipping methods:

(a) Dela Shipping (Recommended) selected by the Buyer:

(I) The Buyer selects a preferred courier option provided by the Platform and pays for the shipping as part of the Final Price;
(II) The Buyer receives a shipping code, and the Seller is issued with a printable shipping label;
(III) The Seller ships the Item, and the consignment ID is automatically captured by the Platform;
(IV) Both the Buyer and the Seller receive automatic tracking updates through the Platform as per the consignment ID.
(V) All shipments using Dela Shipping are automatically covered by Dela Protection up to the declared item value + shipping to a value of $100, with the option for the Buyer to purchase additional coverage under Dela Protection +, at a price of $1.99 for each additional $100 of protection, up to a maximum of their declared item value + shipping, capped at AUD $2,000 per shipment.

(b) Own Shipping – where agreed between the parties for the Seller to ship outside the Platform:

(I) The Buyer and Seller agree that the Seller will arrange and pay for shipping outside of the Platform (e.g. may be factored into the item price);
(II) The Buyer selects the “Own Shipping” option;
(III) The Seller selects a courier option from the drop-down menu provided;
(IV) The Seller must manually enter the courier’s name and consignment ID;
(V) Tracking updates are generated within the Platform using the consignment ID.

(c) Regardless of the Shipping method selected, the Buyer will have 24 hours from the time tracking indicates delivery to accept or reject the shipment. If no action is taken within that time frame, the Platform will automatically deem the shipment as accepted.

5.2 Responsibilities and Liabilities

(a) The Seller is solely responsible for ensuring that the Item is safely and securely packaged in accordance with carrier guidelines. Inadequate packaging may void the Buyer’s eligibility for Dela Protection or Dela Protection +.

(b) The Seller is responsible for accurately declaring the contents, weight, and dimensions of the shipment. Any misdeclaration may void coverage.

(c) The Platform is not the carrier and does not provide transportation services. Shipments are fulfilled by third-party couriers.

(d) To the maximum extent permitted by law, the Platform’s liability is limited to amounts payable under Dela Protection or Dela Protection +, as applicable. The Platform is not liable for indirect, consequential, or special losses. If Dela or the courier determines that damage occurred due to inadequate packaging, the Seller is liable for any loss, repair, or refund.

(e) Dela Protection and Dela Protection + do not cover losses caused by (a) inadequate packaging, (b) prohibited or restricted goods, (c) delays or force majeure, or (d) items excluded under carrier terms.

Fees and Charges

6.1 The total amount payable by the Buyer for a Deal is known as the Final Price, payable in Australian dollars (AUD) and includes:

(a) The agreed purchase price for the Item;

(b) Shipping Fees;

(d) Any other amounts disclosed to and agreed by both parties prior to payment.

6.2 The Buyer Protection Fee which forms part of the Final Price is calculated as follows:

(a) For Items with an agreed purchase price of AUD $100 or less, a fee of AUD $5 applies;

(b) For Items exceeding AUD $100, a fee of AUD $5 plus 3.5% of the agreed purchase price applies.

6.3 Shipping Fees form part of the Final Price where the Buyer selects ‘Dela Shipping’. These fees are calculated dynamically based on the delivery method selected within the Platform and include applicable Australian Goods and Services Tax (GST) unless otherwise stated. Where the ‘Own Shipping’ method is selected, no Shipping Fee is charged through the Platform and any shipping cost may be factored into the agreed Item price. Inflating, hiding, or misrepresenting Shipping Fees is prohibited and may result in adjustment of the Deal price, refund to the Buyer, or suspension.

6.4 All fees and charges stated on the Platform are inclusive of GST, unless otherwise stated.

6.5 All fees, including the Buyer Protection Fee and Shipping Fees are non-refundable except where required by law or expressly stated otherwise in these Terms.

Seller Obligations

7.1 A Seller must:

(a) Deliver the Item in accordance with the Deal Summary and within any timeframe specified;

(b) Use only a delivery service approved by the Platform that provides tracking and confirmation of delivery;

(d) Notify Dela via the Platform when the Item has been dispatched;

(e) Cooperate fully with Dela and provide information or evidence reasonably requested in connection with a dispute, investigation or delivery confirmation;

(f) Accept return of the Item from the Buyer if required following a dispute resolution under these Terms. Failure to cooperate within the required timeframe may result in automatic forfeiture of held Funds and a decision in favour of the Buyer.

7.1.1 The item shipped must match the model, version, or serial number specified in the Deal Summary. Sending a different model or variant, even of equal or greater value, constitutes a misrepresentation. Dela may withhold or redirect Funds until the correct Item is received, or a refund is issued to the Buyer.

7.1.2 When using the ‘Own Shipping’ method, Sellers must provide a unique and genuine tracking ID with a supported carrier listed on the Platform.

A tracking number is deemed invalid where it:

(I) Was created for a different parcel, location, or recipient;
(II) Shows “delivered” status before the Seller lodged the shipment; or
(III) Cannot be verified directly with the carrier.

Submitting false, recycled, or pre-delivered tracking information constitutes tracking-number fraud. Dela may, at its discretion:

(IV) Immediately suspend or close the Seller’s Account;
(V) Refund the Buyer in full;
(VI) Permanently forfeit any held Funds; and
(VII) Provide relevant data (including tracking logs and courier correspondence) to law enforcement or the affected courier.

If Dela determines that a courier error, not Seller misconduct, caused the discrepancy, the Seller will not be penalised but must cooperate fully with Dela’s investigation and provide proof of lodgement.

7.2 If the Seller fails to dispatch the Item within the required timeframe of 7 days after the Buyer has made payment, set out in clause 4.1, or fails to provide delivery tracking information Dela may:

(a) cancel the Deal and instruct Stripe to refund the Buyer;

(b) withhold any Funds otherwise due.

7.3 The Seller acknowledges and agrees:

(a) Title and risk in the Item remain with the Seller until Delivery is confirmed by the Buyer or verified through courier tracking in accordance with clause 5.

(b) Dela does not assume responsibility for loss, damage or disputes arising from the quality, legality or condition of the Item.

Buyer Obligations

8.1 Buyers must:

(a) Pay the Final Price using Stripe via the Platform.

(b) Provide accurate delivery and contact information.

(d) Promptly inspect the Item upon delivery.

(e) Raise any Dispute within:

(I) 24 hours of confirmed delivery, if the Item is damaged or significantly not as described; or
(II) 24 hours of the estimated delivery time frame expiring, if the Item has not been received.

(f) Cooperate with Dela during any Dispute investigation.

(g) Follow the Platform’s Dispute process.

Prohibited Items and Conduct

9.1 You must not use the Platform to:

(a) Buy, sell or ship prohibited items, including illegal, counterfeit, hazardous, stolen or restricted goods;

(b) Engage in fraudulent, deceptive, or misleading conduct;

(d) Breach any applicable laws, regulations, or these Terms.

9.2 Dela may require Sellers to submit proof of authenticity (such as receipts or certificates) in the case of a Dispute before payout and may suspend, restrict, or terminate your Account, cancel a Deal, or take legal action if you breach this clause.

9.3 Users must not solicit or accept payment outside the Dela Platform, including direct bank transfers, PayID, or cash. Any off-platform transaction voids Dela Buyer Protection and may result in immediate suspension of the Users’s Account.

9.5 User’s must not use the Platform to facilitate Deals involving goods that infringe third-party intellectual-property rights, including counterfeit or replica items. If Dela receives a valid infringement notice or complaint from a rights holder, Dela may cancel or suspend the relevant Deal, place a hold on associated Funds, and restrict or suspend the User’s Account. Dela may also disclose relevant User or transaction details to the rights holder or their authorised representative as required by law. Users may submit a counter-notice if they believe the claim is mistaken. Repeated infringements may result in permanent suspension of the User’s Account.

9.6. Users are responsible for ensuring all items sold comply with relevant Australian safety, labelling, and consumer-protection standards. To the extent permitted by law, Dela disclaims liability for injury, damage, or loss arising from goods sold through the Platform except as required under the Australian Consumer Law.

Privacy and Data

10.1 Dela follows the Privacy Act 1988 (Cth) and adheres to the Australian Privacy Principles (APPs). Our full Privacy Policy is available on our website.

10.2 By using the Platform, you consent to the collection, use, storage and disclosure of your personal information as outlined in our Privacy Policy and only where it is reasonably necessary to:

(a) Operate the Platform;

(b) Facilitate Deals and resolve Disputes;

(d) Meet legal and regulatory obligations; and

(e) Communicate with you regarding the Platform or your account.

10.3 Dela does not receive your payment details. Payment information is handled in accordance with Stripe’s Privacy Policy.

10.4 You may access or correct your personal information or make a complaint by contacting support@delaxchange.com.

Limitation of Liability

11.1 To the maximum extent permitted by law:

(a) Dela and its directors, officers, employees, agents and representatives exclude all liability for:

(I) The legality, authenticity, quality or condition of the Items;
(II) Delivery failures, delays, or non-performance by couriers;
(III) Loss, corruption, or unauthorised access to data;
(IV) The conduct or actions of other Users;
(V) Interruption, suspension, or errors in Platform operation.

11.2 The Buyer and Seller waive any claims they may have against Dela arising out of Dela’s performance of these Terms, unless such claims result from Dela’s gross negligence or wilful misconduct or that of its directors, officers, employees, agents, or representatives.

11.3 The Buyer and Seller indemnify and hold harmless Dela from any liabilities, claims, or expenses (including reasonable legal fees) incurred by Dela as a result of its performance under these Terms, except to the extent caused by Dela’s gross negligence or wilful misconduct or that of its directors, officers, employees, agents, or representatives.

11.4 Nothing in these Terms excludes or limits any rights or remedies that cannot be excluded under the Australian Consumer Law.

Termination

12.1 We may suspend or terminate your Account or access to the Platform immediately and without notice if you:

(a) Breach these Terms;

(b) Provide false, misleading or incomplete information;

(d) Risk the security, integrity or reputation of the Platform;

(e) Fail to cooperate with a reasonable investigation relating to a Dispute, fraud or misuse of the Platform.

12.2 You may close your Account at any time if no active Deals, Funds held under the Secure Payment Flow or Disputes remain.

12.3 Termination of your Account does not affect any accrued rights, obligations or liabilities that existed prior to Termination.

12.4 Dela manages external communications in a manner that preserves User trust and platform integrity. Users must not make false, misleading, or defamatory statements about Dela, its employees, or its Dispute outcomes. Dela reserves the right to clarify factual inaccuracies publicly or take appropriate action to protect its reputation.

12.5 Dela conducts reviews of these Terms and internal policies to ensure clarity, compliance, and fairness. If Dela identifies ambiguity or unintended interpretation in the Terms, Dela may amend or clarify provisions without prior notice, and such updates take effect when published on the Platform.

General

13.1 These Terms are governed by the laws in force in the state of New South Wales, Australia.

13.2 If any provision of these Terms is invalid, the rest remain effective.

13.3 We may amend these terms without notice and your continued use of the Platform constitutes acceptance.

13.4 You may not assign, transfer, sell, or otherwise deal with your rights or obligations under these Terms without Dela’s prior written consent.

13.5 Dela may assign or transfer its rights and obligations under these Terms by providing you with notice via the Platform or by email.

Customer Support

14.1 For support with your Account, a Deal, payment or Disputes:

(a) Use the in-app chat function; or

(b) Email: support@delaxchange.com

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Dela Terms of Use