1. About Shankish
Shankish is operated by SHANKISH PTY LTD. These Terms govern the use of the Shankish application, website and related services.
Shankish is an Australian marketplace where users can buy, sell, swap and donate physical items and arrange local pickup. We provide listing, discovery, messaging, offer and related features. Optional Premium subscriptions provide additional features.
By creating an account or accepting these Terms in the app, users agree to these Terms. If they do not agree, they must not create an account or use the services.
Our Privacy Policy explains how we handle personal information.
Contact: support@shankish.com.au.
2. Eligibility and accounts
Users must be at least 16 years old. Users under 18 must have permission and supervision from a parent or legal guardian and involve that adult in transactions and pickup arrangements.
Users must have any legal capacity and authority required for transactions they enter into. This eligibility rule is separate from the app store’s content rating.
Users must provide accurate account information, keep it current and protect their sign-in credentials.
Users must not impersonate another person, transfer an account without permission or create accounts to evade restrictions.
Anyone acting for a business must be authorised to do so. Business sellers must accurately identify their business status and meet obligations applicable to their sales.
3. Shankish’s role in transactions
Unless expressly stated otherwise, items are listed by users, not Shankish.
The users involved are responsible for the terms and performance of their sale, swap or donation. Shankish is not a party to that transaction, does not take ownership of the item and does not act as either user’s agent.
Shankish does not process or hold payments for listed items or provide delivery, escrow or transaction insurance.
We do not guarantee an item’s quality, safety, authenticity or availability, or another user’s identity or conduct.
These statements do not exclude obligations Shankish has under applicable law for its own services or conduct.
Users arrange local pickup and any item payment directly. Premium subscription charges are separate from item payments.
4. Listings and prohibited items
Users may only list items they own or are authorised to supply.
Descriptions, photos, condition, prices and listing locations must be accurate and disclose material defects or restrictions. Listings must be kept current and removed or updated when items are no longer available.
Users must not list:
- Stolen, counterfeit, illegal, recalled or unsafe items.
- Weapons or ammunition.
- Illegal drugs or controlled medicines.
- Tobacco, vaping products or alcohol.
- Live animals.
- Sexual services or pornographic material.
- Personal data, accounts or credentials.
- Goods that infringe another person’s rights.
Pet supplies may be listed, but live animals may not.
Users must not post fraudulent listings, misleading prices, spam or unrelated advertising, or deceptively request deposits or personal information.
Donation listings must clearly describe any genuine pickup conditions and must not conceal an item price.
Business sellers remain responsible for applicable product safety, consumer, tax and licensing requirements.
5. Offers, swaps, donations and pickup
An offer or acceptance in the app records a communication between users. It does not mean Shankish has taken payment, guaranteed the transaction or transferred ownership.
Whether users have formed a binding agreement depends on their communications and applicable law. Users should not make or accept offers they do not intend to honour.
Before completing a transaction, users should agree on the item or swap items, price where applicable, condition, pickup arrangements and any other relevant terms.
For swaps, each user must have the right to transfer their item.
Donations are transfers between users and are not represented by Shankish as tax-deductible charitable donations.
Users should inspect items where practicable before paying or exchanging them, verify payment through their own payment service and take reasonable precautions when meeting others.
Users should promptly notify the other person if circumstances change or they cannot attend a pickup.
Any cancellation or refund between users remains subject to their agreement and applicable law. Shankish can receive reports and take platform action but does not guarantee resolution or reimbursement of a user-to-user dispute.
6. Conduct, messages and reporting
Users must treat others respectfully and must not threaten, harass, discriminate against, exploit or deceive others.
Users must not send abusive or unlawful content or publish another person’s private information without permission.
Shankish must not be used for scams, unsolicited bulk messages, malware, unauthorised data collection, scraping or interference with security or access.
Users must not reverse engineer or copy protected parts of the service except as permitted by law.
Users can report accounts, listings or messages through available reporting functions or by contacting support@shankish.com.au. Available blocking functions may also be used.
Urgent threats or suspected crimes should be reported to the appropriate authorities. Shankish is not an emergency service.
We may review reported content and relevant records in accordance with our Privacy Policy. We do not promise that every listing or interaction is checked before it appears.
7. Free features and Premium subscriptions
Shankish provides free features and optional paid Premium features.
The subscription screen and purchase confirmation describe the features, price, currency and billing period for the selected plan.
Premium may include additional listing photos, AI Smart Pricing and Smart Alerts, as described at purchase. A feature is included only where expressly offered in the selected plan.
Premium purchases are processed through the Apple App Store or Google Play, as applicable. The relevant store’s payment terms also apply.
A monthly subscription follows the billing period shown by the store and is not necessarily a fixed 30-day period.
Subscriptions automatically renew unless cancelled in accordance with the relevant store’s rules. Users can manage or cancel renewal through their Apple or Google subscription settings.
Cancellation stops future renewals and ordinarily leaves Premium access available until the end of the current paid period. Different access rules may apply where a refund is issued or an account is deleted or suspended.
Uninstalling the app or requesting account deletion does not necessarily cancel a store subscription. Users should cancel renewal separately.
8. Subscription refunds and changes
We do not provide refunds for change of mind or unused portions of a subscription, except where required by Australian Consumer Law or applicable Apple App Store or Google Play refund policies.
Store refund requests should be submitted through the relevant store. Users may also contact support@shankish.com.au about a service problem or their statutory rights.
Subscription price changes will be communicated in advance through the applicable store process, with consent obtained where required.
Price changes will not retrospectively increase charges for a period already paid. Users may cancel renewal before a new price takes effect.
If paid features are materially reduced during a paid period or the paid service is discontinued, we will explain available options and provide remedies required by law, including an appropriate refund where applicable.
9. AI Smart Pricing and Smart Alerts
AI Smart Pricing provides estimated prices based on information available to the feature.
Estimates may be incomplete or inaccurate and are not professional valuations, guarantees of market value or promises of sale. Users choose their own asking prices and should check relevant information themselves.
Smart Alerts identify listings based on the feature’s matching criteria.
We do not guarantee that every relevant listing will be found, notifications will arrive immediately or an item will remain available.
Device permissions, connectivity and service interruptions can affect notification delivery.
10. User content and intellectual property
Users retain ownership of content they upload, subject to rights held by others. They must have the rights and permissions necessary to upload and share that content.
Users grant Shankish a non-exclusive, royalty-free licence to store, reproduce, format, display and transmit their content to operate, maintain and improve the marketplace and its relevant features.
We may allow service providers to perform these activities on our behalf for those purposes.
This licence does not permit unrelated sale of personal information or unrestricted advertising use of private messages.
The licence ends when content is removed from our systems, except for copies retained for legitimate legal, security or backup purposes in accordance with our Privacy Policy. Copies already received by other users may remain with them.
Shankish and its licensors retain rights in the application, software, branding and other platform materials.
Users receive limited, non-exclusive and non-transferable permission to use the service in accordance with these Terms. This does not transfer ownership of Shankish’s intellectual property or authorise branding use that implies endorsement.
11. Moderation, suspension and account closure
We may remove or restrict content or suspend an account where reasonably necessary to address a breach of these Terms, suspected fraud, unlawful activity, safety or security risks, infringement of rights or a legal requirement.
Our response will be proportionate to the circumstances.
Where practicable, we will explain the reason and allow the user to respond or correct the issue. We may act immediately where delay would create a risk or notice is prohibited by law.
Users may contact support@shankish.com.au to request review of a moderation decision.
Users can stop using Shankish and request account deletion through the available account controls or by contacting support.
App-store subscriptions should be cancelled separately to prevent future renewal charges.
If we discontinue the service or close an account for a reason unrelated to the user’s breach, we will provide reasonable notice where practicable and address unused paid services in accordance with applicable rights.
Suspension or termination does not automatically remove statutory refund rights.
Provisions that reasonably need to continue after account closure, including accrued rights, outstanding transaction obligations and lawful retention of records, will continue to apply.
12. Availability and consumer rights
We aim to provide a reliable service, but maintenance, connectivity problems and interruptions can occur. We do not promise uninterrupted or error-free access.
We will take reasonable steps to address problems within our control.
Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy under Australian Consumer Law or another law that cannot lawfully be excluded, restricted or modified.
Depending on the circumstances, remedies for problems with our services may include rectification, cancellation, refund or compensation.
Refund requests for marketplace items should be raised with the seller because Shankish does not receive the item payment. This does not limit responsibility Shankish has for its own conduct.
Rights applying to purchases from a business may differ from those applying to a private sale.
13. Responsibility and liability
Each party remains responsible for its own acts and omissions under applicable law.
Users are responsible for the accuracy and lawfulness of their content and the transactions they enter into.
To the extent permitted by law, Shankish is not responsible for losses caused solely by another user’s conduct, an item supplied by that user or matters beyond our reasonable control.
This does not exclude responsibility to the extent our own breach, negligence or unlawful conduct caused or contributed to a loss.
We do not exclude liability for fraud, wilful misconduct or liability that cannot lawfully be excluded.
These Terms do not impose an unlimited indemnity on users or require users to reimburse us for losses caused by our own wrongdoing.
14. Complaints and disputes
For complaints about Shankish, users should contact support@shankish.com.au with relevant details and the outcome they seek.
We aim to respond within 30 days and will advise if more time is needed.
We encourage good-faith discussion to resolve disputes. Mediation may be used if both parties agree on the mediator, format and costs.
Users are not required by these Terms to pay for mediation before exercising a legal right.
Nothing in these Terms prevents either party from seeking urgent relief or contacting a regulator, consumer affairs body, tribunal or court with jurisdiction.
15. Changes to these Terms
We may update these Terms to reflect changes to our services, security needs or legal requirements.
We will publish the revised version with an updated date and provide reasonable advance notice of material changes affecting users, except where urgent legal or security reasons require an earlier change.
Changes will not retrospectively remove accrued rights. Where required, we will seek acceptance or consent.
Users who do not agree to a material change may stop using the service and cancel subscription renewal without losing any remedy available by law for an affected paid service.
16. Governing law and general provisions
These Terms are governed by the laws of Victoria, Australia, subject to mandatory laws and consumer rights that apply to the user.
The courts and tribunals of Victoria have non-exclusive jurisdiction. This does not prevent users from bringing a claim in another forum where the law entitles them to do so.
If a provision is invalid or unenforceable, it will be severed to the extent possible without affecting the remaining provisions.
A failure to enforce a provision immediately is not a waiver of the right to enforce it later.
For enquiries, contact SHANKISH PTY LTD at support@shankish.com.au.