Terms of Service

Last updated: 17 May 2026

These Terms of Service govern your use of SummitSwap, operated by SummitSwap AU Pty Ltd (“SummitSwap”, “we”, “us”, or “our”). By creating an account or using our platform you agree to these terms.

1. About SummitSwap

SummitSwap is a peer-to-peer marketplace that connects buyers and sellers of second-hand outdoor sports gear across Australia. We provide the technology and infrastructure for these transactions — we are not a party to any transaction between users.

SummitSwap does not own, possess, inspect, or warehouse any items listed on the platform. We do not verify the identity of sellers beyond basic account registration, nor do we independently confirm the condition, authenticity, safety, or legality of any item listed. Buyers transact directly with sellers and assume all associated risks.

2. Eligibility

You must be at least 18 years of ageto create an account and use SummitSwap independently. Users between 13 and 17 years old may use the platform only with the express consent and active supervision of a parent or legal guardian, who accepts these terms on the minor's behalf.

By registering, you confirm that you are 18 or older, or that you have obtained parental or guardian consent. We reserve the right to terminate accounts that do not meet this requirement.

3. Platform Fees

SummitSwap charges an 8% platform feeon the total transaction value — this includes the item price plus any shipping costs charged to the buyer. This fee is automatically deducted from the seller's payout at the time the transaction is completed.

Platform fees are non-refundable once a transaction has been finalised, except in cases of a successful buyer dispute (see Section 5).

• Example: item listed at $300 with $20 shipping → total transaction $320 → SummitSwap retains $25.60 → seller receives $294.40.
• Fees are subject to change. We will give 30 days' notice of any fee increases.
• GST may be applicable to fees in accordance with Australian tax law.

4. Seller Responsibilities

As a seller on SummitSwap, you agree to:

• List items accurately — photos and descriptions must honestly represent the item's condition.
• Ship sold items within 5 days of a confirmed sale using a tracked service.
• Provide the buyer with a valid tracking number once shipped.
• Only list items you personally own and have the right to sell.
• Not list any prohibited items (see Section 6).
• Warrant that any safety-critical item (including but not limited to helmets, harnesses, ropes, life jackets, and avalanche equipment) is free of hidden defects, impact damage, or recalls that could compromise user safety.
• Accept full responsibility for any claims, losses, or liabilities arising from the sale of a misrepresented or unsafe item.

5. Buyer Dispute Window

Buyers have a 7-day dispute window from the date of confirmed delivery to raise an issue with their purchase. A dispute may be raised if:

• The item was not as described (significant undisclosed damage, wrong item sent, etc.).
• The item did not arrive.

To raise a dispute, contact us at support@summitswap.com.au within the 7-day window. After 7 days, the transaction is considered complete and final. SummitSwap will review disputes and may request evidence from both parties (photos, messages, tracking information). Our decision is final.

SummitSwap's dispute process is not a formal arbitration or legal proceeding. We facilitate resolution as a courtesy service only. Either party retains the right to pursue legal remedies through the relevant Australian jurisdiction independently of this process.

6. Prohibited Items

The following items are strictly prohibited on SummitSwap:

• Helmets that have been involved in a significant impact, are more than 10 years old, or do not carry a current Australian or international safety standard (e.g. AS/NZS 2063, EN 1077, ASTM F2040).
• Climbing protection (cams, nuts, pitons, slings, harnesses, ropes) that is damaged, shows visible wear past manufacturer guidelines, or has been subjected to a fall load.
• Avalanche safety equipment (beacons, probes, airbag packs) that is out of calibration, has expired components, or has been deployed in a burial.
• Personal flotation devices (PFDs / life jackets) that are expired, have been submerged in an emergency, or do not meet current Australian standards (AS 4758).
• Scuba / dive equipment (BCDs, regulators, tanks) that has not been serviced within the manufacturer's recommended interval.
• Parachutes, wingsuits, or BASE jumping equipment of any kind.
• Weapons of any kind — including knives, axes, or tools listed primarily as weapons, firearms or firearm components, and any item regulated under Australian weapons laws.
• Counterfeit or replica gear — items falsely represented as an authentic brand (e.g. fake Patagonia, fake Arc'teryx).
• Recalled products — any item subject to a product safety recall by the ACCC or a manufacturer.
• Stolen goods.
• Hazardous materials including expired flares and damaged gas canisters.
• Anything illegal under Australian federal, state, or territory law.

We reserve the right to remove any listing and suspend or terminate any account that violates these rules, without notice and without refund of fees.

7. Assumption of Risk

Outdoor sports carry inherent risks, including serious injury or death. By using SummitSwap to buy or sell gear used in activities such as mountaineering, climbing, skiing, kayaking, cycling, and similar pursuits, you acknowledge and accept that:

• The physical condition of second-hand gear cannot be fully determined from photos or descriptions alone.
• It is the buyer's sole responsibility to inspect any purchased item before use and to have safety-critical items (including but not limited to helmets, harnesses, ropes, PFDs, and avalanche equipment) inspected and certified by a qualified professional before relying on them.
• SummitSwap makes no warranty — express or implied — as to the fitness for purpose, safety, or performance of any item listed on the platform.
• You voluntarily assume all risk of loss, injury, or damage arising from your participation in outdoor activities using gear purchased through SummitSwap.

8. Indemnification

You agree to indemnify, defend, and hold harmless SummitSwap AU Pty Ltd and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your access to or use of the platform.
• Your breach of these Terms of Service.
• Your listing, sale, or purchase of any item.
• Any claim that an item you sold caused injury, loss, or damage to a third party.

9. User Conduct

You must not use SummitSwap to:

• Harass, threaten, or abuse other users.
• Circumvent the platform to complete transactions off-platform and avoid fees.
• Post false, misleading, or fraudulent listings.
• Create multiple accounts to evade a suspension or ban.
• Scrape, crawl, or copy SummitSwap content or data without written permission.

10. Intellectual Property

SummitSwap and its logo, design, and content are owned by SummitSwap AU Pty Ltd. You may not reproduce, distribute, or create derivative works from our branding or platform without prior written consent.

By uploading photos or content to SummitSwap, you grant us a non-exclusive, royalty-free licence to display that content on our platform and in marketing materials related to SummitSwap.

11. Limitation of Liability

To the maximum extent permitted by Australian law, SummitSwap is not liable for any indirect, incidental, or consequential loss arising from your use of the platform, including loss arising from a transaction between users. Our total liability to you in any circumstances is limited to the fees paid by you to SummitSwap in the 12 months preceding the claim.

Nothing in these terms excludes any rights you may have under the Australian Consumer Law that cannot be excluded by contract.

12. Changes to These Terms

We may update these terms from time to time. We will notify registered users of material changes by email at least 14 days before the changes take effect. Continued use of SummitSwap after that date constitutes acceptance of the updated terms.

13. Governing Law

These terms are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales for any dispute arising under these terms.

14. Contact

Questions about these terms? Get in touch at support@summitswap.com.au.