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 peer-to-peer 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.

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.

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.

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.

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.

(d) Refunds will be considered in the context of a Dispute raised in accordance with this clause 4.4, and:

(I) Will not be issued for:
- - - (i) Change of mind purchases;
    - (ii) Buyer preference, including issues such as dislike, fit or style;
    - (iii) Other subjective reasons where the item was delivered as described in the Deal Summary.
(II) may be granted only where the outcome of the Dispute results in a finding that the Item:
- - - (i) was not delivered; or
    - (ii) was materially inconsistent with the Deal Summary; or
    - (iii) is damaged or defective in breach of the Seller’s obligations.
(III) Nothing in this clause limits any non-excludable rights a Buyer may have under the Australian Consumer Law, where applicable.

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.

(b) Ship It Yourself (Agreed with the Seller) – where agreed between the parties:

(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 “Ship it Yourself” 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.

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 GST unless otherwise stated. Where the Ship It Yourself method is selected, no Shipping Fee is charged through the Platform and any shipping cost may be factored into the agreed Item price.

6.4 All fees and charges stated on the Platform are inclusive of Australian Goods and Services Tax (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.

7.2 If the Seller fails to dispatch the Item within the required timeframe 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 suspend, restrict, or terminate your Account, cancel a Deal, or take legal action if you breach this clause.

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.

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