Terms of Service

Collexn Pty Ltd · Last updated 20 May 2025

COLLEXN — TERMS OF SERVICE

Version 1.0 | Effective Date: 8 July 2026

1. ABOUT THESE TERMS

1.1 The Platform is operated by Collexn Pty Ltd (A.C.N. 672 158 208) as trustee for the Collexn Trust (A.B.N. 92 170 947 665) (“Collexn”, “we”, “us”, “our”). Collexn operates a mobile application and related services (the “Platform”) that enable users to catalogue, manage, and share their collectibles portfolios.

1.2 By creating an account or using the Platform you agree to be bound by these Terms of Service (“Terms”). If you do not agree, you must not use the Platform.

1.3 These Terms are governed by the laws of the Commonwealth of Australia and the State of New South Wales. The courts of New South Wales have non-exclusive jurisdiction.

2. ELIGIBILITY

2.1 You must be at least 13 years old to use the Platform. If you are under 18, you represent that a parent or guardian has reviewed and agreed to these Terms on your behalf.

2.2 By using the Platform you represent that the information you provide is accurate and that you will keep it up to date.

3. ACCOUNTS & SECURITY

3.1 You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

3.2 You must notify us immediately at [email protected] if you suspect unauthorised access.

3.3 We reserve the right to suspend or terminate accounts that violate these Terms, including accounts that are inactive for more than 12 consecutive months.

4. ACCEPTABLE USE

4.1 You agree NOT to:
(a) Post, upload, or transmit content (including any text, photo, or video) that is illegal, pornographic, obscene, defamatory, threatening, harassing, discriminatory, or that promotes violence or self-harm;
(b) Post content that exploits minors in any way;
(c) Use the Platform to sell, distribute, or facilitate the sale of illegal items, controlled substances, weapons, or stolen goods;
(d) Engage in fraud, phishing, or any deceptive conduct;
(e) Harvest, scrape, or collect data from the Platform without our written consent;
(f) Impersonate any person or entity, or falsely represent your affiliation;
(g) Interfere with or disrupt the Platform’s infrastructure;
(h) Use automated systems (bots, crawlers) to access the Platform without our prior written permission;
(i) Circumvent or attempt to circumvent our content moderation systems;
(j) Upload malware, viruses, or any harmful code.

4.2 We employ automated content moderation (including AI-based screening) and reserve the right to remove any content, and suspend or terminate any account, that violates these Terms at our sole discretion and without prior notice.

4.3 ZERO TOLERANCE FOR OBJECTIONABLE CONTENT. There is no tolerance for objectionable content or abusive behaviour on the Platform. Content that is pornographic, obscene, hateful, harassing, or otherwise objectionable, and users who engage in abusive conduct, are strictly prohibited. You may report objectionable content or abusive users at any time using the in-app reporting and flagging tools, or by emailing [email protected]. We will review reports and act on objectionable content — including removing the content and, where appropriate, ejecting the responsible user — within 24 hours of a report being received.

4.4 BLOCKING OTHER USERS. You may block another user at any time from their profile. Blocking prevents that user from interacting with you or your shared content within the Platform.

5. USER CONTENT

5.1 You retain ownership of content you create and upload to the Platform, including any text, photos, and videos (“User Content”).

5.2 By posting User Content you grant us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to use, copy, modify, distribute, display, and create derivative works of your User Content solely for the purposes of operating, promoting, and improving the Platform.

5.3 You represent and warrant that you own or have all necessary rights to post your User Content — including any footage, images, music, likeness, or trademarks it contains — and that it does not infringe the intellectual property, privacy, publicity, or other rights of any third party, and does not violate any law.

5.4 We are not obligated to back up User Content. You are responsible for maintaining your own copies.

5.5 ITEM VIDEOS. Collexn Pro subscribers may attach a short video (maximum 15 seconds) to an item. Item videos are compressed on your device and have their audio track removed before upload; no sound is stored or played back. Each item video is screened by automated content moderation before it can be shared to any social feed, and you may only upload footage you have created or are authorised to use.

5.6 REPORTING & REMOVAL. You can report User Content you believe violates these Terms using the in-app reporting tools, and you can block other users. We may remove or restrict any User Content, and suspend or terminate accounts, that we reasonably determine to be objectionable or in breach of these Terms.

6. COLLECTIBLE VALUATIONS

6.1 Any valuations, price estimates, or market data provided through the Platform (including AI-generated grades and eBay price aggregations) are for informational purposes only and do not constitute financial, investment, or professional advice.

6.2 We make no guarantees as to the accuracy, completeness, or reliability of any valuation. You acknowledge that collectible values are inherently subjective and volatile.

6.3 Any selling-fee, postage, and net-proceeds (after-fee) figures shown for eBay listings are estimates only, based on general category rates and the settings you enter. They exclude promoted-listing, international, currency-conversion, and variable postage costs, and actual fees charged by eBay depend on your individual eBay seller plan and circumstances. You should confirm all figures directly with eBay before relying on them.

7. INTELLECTUAL PROPERTY

7.1 The Platform, its design, logos, trademarks, source code, and all related intellectual property are owned by Collexn or its licensors.

7.2 Nothing in these Terms grants you any right to use Collexn’s trademarks, logos, or branding without prior written consent.

8. THIRD-PARTY SERVICES

8.1 The Platform may integrate with or link to third-party services (e.g., eBay, payment processors, cloud storage). Your use of those services is subject to their own terms and policies.

8.2 We are not responsible for the availability, accuracy, or content of any third-party service.

9. MARKETPLACE

9.1 The Platform includes a Marketplace feature that allows eligible users to list collectible items for sale or trade with other users (“Marketplace”). The Marketplace is available exclusively to users with an active Collexn Pro subscription.

9.2 COLLEXN IS NOT A PARTY TO ANY TRANSACTION. The Marketplace is a listings-only platform. Collexn does not facilitate, process, or intermediate any payments, shipping, escrow, or transactions between users. All transactions occur directly between the buyer and seller and are entirely at the parties’ own risk.

9.3 SAFE PAYMENT METHODS. We strongly recommend that all Marketplace transactions use buyer-protected payment methods, including:
(a) PayPal Goods & Services (which includes buyer protection for eligible purchases);
(b) Other reputable platforms that offer buyer protection (e.g., Stripe, credit card payments through established platforms).
Users should NEVER send payments via bank transfers, wire transfers, cryptocurrency, gift cards, PayPal Friends & Family, or any method that does not offer buyer protection or dispute resolution.

9.4 SELLER REQUIREMENTS. To create Marketplace listings, your account must:
(a) Be at least 24 hours old;
(b) Hold an active Collexn Pro subscription;
(c) Comply with all content moderation and acceptable use policies.
Sellers are limited to a maximum of 10 new listings per 24-hour period.

9.5 LISTING STANDARDS. All listings must:
(a) Accurately describe the item, including condition, authenticity, and any defects;
(b) Include truthful photographs of the actual item being offered;
(c) Set fair and honest pricing;
(d) Not list prohibited items (see Section 9.7).
All listing descriptions are subject to automated content moderation.

9.6 REPORTING & ENFORCEMENT. Users may report listings they believe to be fraudulent, misleading, or in violation of these Terms. Listings that receive multiple reports may be automatically withdrawn pending review. Collexn reserves the right to remove any listing and suspend or terminate the accounts of users who engage in fraudulent, deceptive, or abusive conduct on the Marketplace.

9.7 PROHIBITED MARKETPLACE ITEMS. The following items may NOT be listed on the Marketplace:
(a) Counterfeit, replica, or knock-off items (unless clearly disclosed as reproductions);
(b) Stolen property;
(c) Illegal items, controlled substances, weapons, or explosives;
(d) Items that infringe intellectual property rights;
(e) Items that are obscene, offensive, or promote violence or hate;
(f) Items subject to product recalls or safety bans;
(g) Any item prohibited under applicable Australian law (including the Competition and Consumer Act 2010 (Cth) and relevant state/territory fair trading laws).

9.8 DISCLAIMER OF LIABILITY FOR MARKETPLACE TRANSACTIONS. To the maximum extent permitted by law:
(a) Collexn makes no representations or warranties regarding the authenticity, quality, safety, legality, or value of any item listed on the Marketplace;
(b) Collexn is not liable for any loss, damage, dispute, or claim arising from any Marketplace transaction;
(c) Collexn does not guarantee that any user will complete a transaction or fulfil their obligations;
(d) Users are solely responsible for conducting their own due diligence before entering any transaction;
(e) Any disputes between users regarding Marketplace transactions must be resolved directly between the parties. Collexn will not act as an arbitrator, mediator, or intermediary in any transaction dispute.

9.9 AUSTRALIAN CONSUMER LAW. Sellers who regularly sell items through the Marketplace may be considered to be carrying on a business and may be subject to obligations under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), including consumer guarantees, and state/territory fair trading laws. It is each seller’s responsibility to understand and comply with all applicable laws.

10. SUBSCRIPTIONS & PAYMENTS

10.1 Certain features of the Platform may require a paid subscription (“Collexn Pro”). Pricing, features, and billing cycles will be presented to you before purchase.

10.2 AUTO-RENEWAL. Collexn Pro is an auto-renewable subscription. Payment is charged to your Apple App Store or Google Play account at confirmation of purchase, and your subscription automatically renews for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period. The subscription title, duration, and price are shown to you before you purchase. You can manage or cancel your subscription at any time in your device’s App Store or Google Play account settings.

10.3 Subscriptions purchased through the Apple App Store or Google Play Store are subject to the respective store’s refund and cancellation policies.

10.4 We reserve the right to change pricing with 30 days’ notice. Existing subscribers will be given the option to cancel before the new pricing takes effect.

11. REFERRALS & REWARDS

11.1 The Platform may offer a referral program that lets you invite others to join Collexn using a unique referral code. Participation is entirely voluntary.

11.2 NO MONETARY VALUE. Any rewards earned through the referral program consist solely of in-app achievements and experience points (“XP”) that contribute to your in-app rank. Referral rewards have no cash or monetary value, are not redeemable for money, credit, subscription time, or goods, and are non-transferable.

11.3 A referral only qualifies for a reward once the referred person creates an account using your code, verifies their email address, and meets any additional in-app conditions we specify (such as adding their first item). We may determine, in our reasonable discretion, whether a referral qualifies.

11.4 NO ABUSE. You must not create fake, duplicate, or automated accounts, refer yourself, or otherwise manipulate or attempt to game the referral program. We may withhold or revoke rewards, and suspend or terminate accounts, that we reasonably believe are engaged in fraudulent or abusive referral activity.

11.5 We may modify, suspend, or discontinue the referral program, or change its rewards and qualifying conditions, at any time and without notice or liability.

12. DISCLAIMERS & LIMITATION OF LIABILITY

12.1 The Platform is provided “as is” and “as available”. To the maximum extent permitted by law (including the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), we disclaim all warranties, express or implied.

12.2 To the extent permitted by law, our total liability for any claim arising from or related to these Terms or the Platform is limited to the amount you paid us in the 12 months preceding the claim, or AUD $100, whichever is greater.

12.3 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

12.4 Without limiting the generality of the above, Collexn expressly disclaims all liability for any loss, damage, or claim arising from or in connection with any Marketplace transaction, including but not limited to: non-delivery, misrepresentation, counterfeit items, payment fraud, or disputes between users.

13. INDEMNIFICATION

13.1 You agree to indemnify and hold harmless Collexn, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising from your use of the Platform, your User Content, your Marketplace listings or transactions, or your breach of these Terms.

14. PRIVACY

14.1 Your use of the Platform is also governed by our Privacy Policy. Please review it carefully.

15. TERMINATION

15.1 You may delete your account at any time through the Platform’s settings.

15.2 We may suspend or terminate your account if we reasonably believe you have violated these Terms. Upon termination, your right to use the Platform ceases immediately.

15.3 Sections 5, 7, 9.8, 12, 13, and 17 survive termination.

16. CHANGES TO THESE TERMS

16.1 We may update these Terms from time to time. We will notify you of material changes via the Platform or email. Continued use after changes take effect constitutes acceptance.

17. DISPUTE RESOLUTION

17.1 If a dispute arises, you agree to first attempt to resolve it informally by contacting us at [email protected].

17.2 If informal resolution fails, disputes will be resolved through mediation administered in Sydney, New South Wales, Australia, before resorting to litigation.

17.3 Disputes arising from Marketplace transactions are between the relevant buyer and seller. Collexn will not participate in, mediate, or arbitrate any such disputes.

18. GENERAL

18.1 These Terms constitute the entire agreement between you and Collexn regarding your use of the Platform.

18.2 Our failure to enforce any right or provision does not waive that right or provision.

18.3 If any provision is found unenforceable, the remaining provisions continue in full force.

18.4 You may not assign your rights under these Terms without our consent. We may assign our rights freely.

Contact:
Collexn Pty Ltd (A.C.N. 672 158 208) as trustee for the Collexn Trust (A.B.N. 92 170 947 665)
Email: [email protected]