Last updated: March 31, 2023
Please read these terms and conditions carefully before using Our Service.

These DTM Terms and Conditions of Use and the documents referred to in them (the "Terms"), apply to your use of this website located at  (http://www.dontthrowme.com/) (the "Site").  By accessing the Site, you agree to be bound by the Terms as updated from time to time.  If at any time you do not agree to the Terms, you should not access or view the Site. This Site is owned and operated by DON’T THROW ME LIMITED, a company registered in the Hong Kong Special Administrative Region of the People’s Republic of China (Hong Kong) with company number 2975483 and has its registered office at Room 1104, Crawford House 70, Queen’s Road Central, Central, Hong Kong (hereinafter referred to as "we", "our", or "DTM").

1. OTHER APPLICABLE TERMS

These Terms refer to and incorporate the following additional terms, which also apply to your use of this Site.

1. Our Privacy Policy , which sets out the terms on which we process any personal data we collect about you or that you provide to us. By using this Site, you agree to such processing and you warrant that all data provided by you is accurate.
2. Our Community Guidelines which apply to your interactions with this Site, including what you may list on the Site, any content which we may permit you to upload and any contact which you may make with other Registered Users (defined below) of this Site.
3. Our Fees, which sets out a list of additional for-fee services and indicates applicable pricing and additional terms for using each of these services. (section 10.2)

2. SERVICES

1. We provide an online marketplace and platform in the form of a website located at www.dontthrowme.com (the “Site”) through which users may (1) Buy, Sell, Swap, Swap & Donate pre-owned consumer goods  (“Items”) (see Community Guidelines for a full list of categories of consumer goods items that may be listed on the platform) with other users or in the case of Swap & Donate, to a DTM approved charity partner (“DTM Charity Partner”), as applicable; and/or (2) repurpose, repair, upgrade, or otherwise modify pre-owned consumer goods items for purposes of continuing one’s enjoyment of such items while also reducing the overall waste and consumption of our finite environmental resources.  Users who post items for Sale, Swap, Swap & Donate are “Sellers”. Users who purchase items for Sale or Swap are “Buyers”.  An individual user may be both Buyer and Seller on the Site.
2. Sell, Swap, Swap & Donate:  Individual users of the Site may post pre-owned consumer goods items in accordance with DTM’s Community Guidelines for buying, selling and swapping items with another user.  Additionally users have the ability to donate a percentage of their Swap proceeds to a DTM Charity Partner.  The Site facilitates the matching of donations of particular consumer goods items or categories of items from users with the needs of DTM Charity Partners by enabling such DTM Charity Partners to broadcast their needs to the DTM community. 
3. Repair, Repurpose, Upgrade:  Users may access a directory of vetted local repair shops and artisans (the “Fix” service) to repair or modify a consumer goods item.  Users may consult with a DTM (the “Upcycle” service) to reimagine, repurpose, or upgrade a cherished item for a fee.  
4. You undertake to comply with all applicable laws and regulations in connection with your use of the Services.

3. OUR FUNCTION

1. Our Site is an online marketplace for individuals to Buy, Sell, Swap, and Swap & Donate items to or with other Registered Users, as defined in Section 4.1 below.  Except for any items sold directly by DTM on the Site, we are not a party to any transaction between Registered Users who agree to a Buy, Sell, Swap, and Swap & Donate save for the Services we provide to facilitate transactions.   
2. We do not pre-vet any items listed on the Site or any users of the Site.  We shall not be obliged to engage in any dispute between users of the Site or Services or any transactions between  Registered Users. You are responsible for vetting the parties that you deal with.

4. REQUIREMENTS TO USE THE SERVICES

1. To use the Services, you must be a Registered User.  You may register with us by following the steps described in this paragraph.  Upon the submission of a completed registration form, you will receive an email from DTM to your preferred email account prompting you to validate your new account.  You must validate your new account and choose a username and password associated with that account.  A user will be deemed a “Registered User” after the first log in to the Site using his/her login credentials and upon the user’s acceptance of the Terms. 
2. The Services are not intended for use by children under the age of 18 years old.   If you are under 18, a parent or guardian who is 18 or over must register to use the Services on your behalf. Your parent or guardian shall be responsible for supervising your use of the Services at all times and ensuring that you comply with these Terms. DTM shall be entitled to hold your parent or guardian fully responsible and liable for any breach of these Terms by you.
3. Business sellers are not permitted to use the Services. When business sellers transact with consumers they are subject to more legal requirements than non-business sellers. By using the Services you warrant that you are not a business seller.
4. You undertake to keep up to date all information about you on the Site.
5. You warrant that any information you provide to us is true, accurate and complete.  

5. YOUR ACCOUNT AND PASSWORD

1. You agree to treat your login credentials, including your user name, password or any other piece of information related to your DTM account, as confidential. You must not disclose it to any third party and you must ensure that you log out from your account at the end of each session.
2. You must immediately notify us by using the contact form if you know or suspect that anyone other than you, knows your user name or password, or that there has been  unauthorized use of your password or account or any other security breach.
3. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if we have reasons to suspect there has been a security breach or if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
4. DTM does not allow multiple accounts on its Site. Should DTM have a reasonably grounded suspicion that a user has created or is using more than one account on the Site, it may block or delete any of the involved accounts.
5. DTM may request to make certain confirmations with respect to your account for security purposes. Such confirmations among other things may be linking your Facebook, Google or another third party account; confirming your phone number; providing for an ID and/or cardholder proof or any other confirmations that DTM may introduce in its sole discretion. All data collected as a result of such confirmation will be processed following our Privacy Policy.

6. CONTENT YOU PROVIDE, FEEDBACK AND PRIVATE MESSAGING

You are solely responsible for all information, descriptions, pictures, listings, date, text, music, videos, media, comments, or any other materials (“Content”) that you list, upload, post, publish, transmit, or display (“Post” or “Posting”, as applicable) via the Service.  DTM may investigate, take legal actions or perform any other actions deemed necessary or warranted in managing the Service.  Your Content, Posting, or use, without limitation, including preservation of such information for investigative purposes.

1. Any Content you provide to us or any contact you make with other Registered Users, whether privately or publicly, must comply with our Community Guidelines.
2. You warrant that any such Content or contact complies with the Community Guidelines and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of that warranty.
3. We will not be responsible, or liable to any third party, for the validity, completeness, or accuracy of any Content that Registered Users Post on our Site.    
4. You grant us a non-exclusive, irrevocable, perpetual, transferable, sub-licensable, royalty-free, unconditional, worldwide license to use, copy, distribute and disclose to third parties any Content you provide to us, including without limitation Content you Post on the Site including any pictures and descriptions of listed items.
5. DTM provides for a direct User messaging functionality for the sole purpose of facilitating transactions between the Users on the Site. We will not access content of such messages unless one of the involved Registered Users grants an access right to DTM when raising a dispute with our Customer Support. Please note that DTM may use automatic scanning tools/filters in order to detect and prevent spam and/or fraud and/or any other activity contrary to applicable legal acts on the Site. In such cases DTM representatives will not access message threads, however, they will cross-check automatic-scanning/filtering results (without accessing messages) in order to determine what preventative action should be taken to ensure security of the platform.  

7. RULES FOR POSTING ITEMS

In respect of any and all Sales or Swap transaction items you Post on the Site you must:

1. Ensure that such items comply with our Community Guidelines. Note that you may not list certain categories of items as set forth in our Community Guidelines;
2. You must be the legal and beneficial owner of such items and have the right to Sell or Swap them;
3. The Selling, Swapping, and Swapping & Donating, use or possession of such items must not infringe the rights of any third party including but not limited to any intellectual property rights held by any third parties and must not breach any applicable local, national or international law or regulation; 
4. To Post an item you must be a Registered User and provide an item description, pricing, photos and such other information we may require.  For each item you Post, you must indicate how you wish to action your item (Sell, Swap, or Swap & Donate) in accordance with our Community Guidelines. 
5. By Posting an item you represent and warrant that such item complies in all aspects to the item description that you submit, including the category in which you list such item, any photograph(s) of the item, and the condition of such item. The item description  will form the terms on which you offer the item for Sale, Swap, or Swap & Donate.
6. You may amend the terms on which you offer an item for Sale, Swap, or Swap & Donate at any time before you have entered into a contract to Sell, Swap, or Swap & Donate the relevant item. 
7. You may remove a Sale, Swap, or Swap & Donate item from the Site at any time before you have entered into a contract to Sell, Swap, or Swap & Donate the relevant item. 

8. SWAPPING AND SELLING USING THE SITE

Where you use our Marketplace Services

1. You, as a Registered User, may Buy, Sell or Swap any item that is posted on the Site.  When you, as Buyer, click “ADD TO CART” on a Sale or Swap item, and you check out such item in your cart, you acknowledge and agree that you enter into a contract with the Seller poster  to Buy or Swap such item in exchange for the specified HKD price or number of DTM Credits.  (How To Sell and How To Swap) 
2. DTM Credit Transfer. When you, as Buyer, click “ADD TO CART” on a Swap item, and you check out the Swap item in your cart, the DTM Credit value of such item will be transferred from your account to the Seller’s account.  It is the Buyer’s responsibility to complete the handover arrangements with the Seller prior to check out.  When the Buyer does not have enough DTM Credits in their account, they will have to “Top Up” their DTM Credit account balance to complete the transaction.  
3. Refunds and Returns.  All Sales or Swaps on the Site are final.  It is the Buyer’s responsibility to complete the due diligence and handover arrangements with the Seller prior to check out. 
4. When you enter into a contract to Buy, Sell or Swap an item on our Site, you warrant and undertake that you have the legal right to enter into such transaction.
5. The minimum value of an item Posted for Sale is 10 HKD and 10 DTM Credits for Swap.
6. Donating DTM Credits on the Site: Where you use our Swap & Donate service in the Marketplace, You, as a Registered User, may Swap & Donate an item that is posted in the Site to a DTM Charity Partner.  When Posting an item on the Site, you may select Swap & Donate as the post category.  Then you can select a DTM Charity Partner to donate to and select the donation percentage.  The donation percentage is in increments of 10 percent starting at 10 percent to 100 percent. 
7. Seller’s Responsibility:  Sellers agree that they have unreserved rights to Sell or Swap an item that they are posting.  Sellers are responsible for describing their posted item accurately, completely, and truthfully.
8. Buyer’s Responsibility: Buyers are responsible for reviewing and checking all information related to the item posted for Sale or Swap, along with making any handover arrangements of the item, before finalizing their purchase.  
9. DTM may at any point in time upon its sole discretion suspend and/or cancel any transaction and or requested payment should it have grounds to believe that such transaction may be fraudulent, illegal, or harmful to DTM and/or any Registered User or third party.

9.  THIRD PARTY SERVICES 

1. DTM may provide or make available to You certain third party services or other offers outside of the DTM network (collectively, "Third Party Service(s)") through links to other sites. You are responsible for evaluating whether You want to access or use such Third Party Services.  You may opt-out from such Third Party Services or may choose to not utilize such Third Party Services at any time.  Such Third Party Services are provided "AS IS" without indemnification, support, or warranty of any kind, and these Terms do not apply to Your use of any such Third Party Services. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because You may give the operator permission to use Your information outside of what You have agreed to herein. DTM is not responsible for, nor endorses any features, content, advertising, products or other materials on or available from such Third Party Services.
2. Third Party Material: DTM will not be liable in any way for (1) any items or content on the Service posted by third parties, other users, or at the direction of users (all, “Third Party Materials”), or (2) any errors, omissions, loss, or damage of any kind as a result of such Third Party Materials on the Service; and you acknowledge that DTM does not, and is under no obligation, to review, screen, or inspect any Third Party Materials on the Service, although DTM reserves the right to do so, and remove Third Party Materials at Our sole discretion. You agree that you bear all risks associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third Party Materials.

10. DTM CREDITS AND TRANSACTION FEES

1. DTM Credits

DTM Credits are the trading currency for all Swap transactions on the Site.  DTM Credits allow users to transact on the Site without the need for a third party payment system (Stripe).  

• • As Users Swap they can make/receive Swap payments in the form of DTM Credits and pay the corresponding transactions fee on the Site. 
  • In their account, Users can see their DTM Credit balance and transaction (payment history).  
  • If a User does not have sufficient DTM Credits in their account to complete a Swap transaction, the system will automatically prompt such User to “Top Up”.  
  • Once Users have accumulated enough DTM Credits, they can redeem their DTM Credits for cash.
  • When posting an Item for a Swap, the Seller may elect to donate a portion of their DTM Credits to a DTM Charity Partner.  

DTM Credits (DTM) Value: 1 HKD = 1DTM

DTM Credits Purchase:  DTM Credits can be purchased from the platform in blocks of 100DTM. When a user buys/tops up their DTM Credits, this payment  is processed through our third party payment provider Stripe.  Stripe levies a credit card processing fee for this DTM Credit purchase.

DTM Credit Withdrawal: Users can Redeem their DTM Credits at any time.  To redeem DTM Credits, the User must have a minimum account balance of 500DTM.  The User may withdraw their DTM Credits in increments of 100DTM.

If a User account is terminated, the User can redeem or can donate the remaining balance of their DTM Credits to a DTM Charity Partner.

DTM Credit Donations: A User can only donate DTM Credits when posting an item on the platform as a Swap.  The Seller can set the swap price in DTM Credits. They can then choose to donate in increments of 10% to 100% of their swap price.

     2.  Transaction Fee

Registering for the Service and posting an item for Sell or Swap is free.  However, DTM levies certain fees for various transactions as you use our Service.  The transaction fees in the Marketplace are calculated based on the value of the posted item and the type of transaction.  Fees are always paid by the Seller. 

For the DTM transaction fee on a Sale item , the fee amount of 10% is transferred to DTM’s STRIPE account. When processing a charge directly on the Seller’s Connected Account, the balance of  the Sales Price – (the DTM Transaction Fee” + STRIPE Fee)  is deposited into the Seller’s Connected Account.

Summary Table of DTM Fees 

Transaction Type	DTM Fee	Stripe Fee *	Total Transaction Fee
Sale	10%	Yes (see Stripe Terms of Use)	10% + Stripe Fee
Swap	10%	No	10%
Swap & Donate	5%	No	5%
Credits (Purchase/Top Up)	0%	Yes	0% + Stripe Fee

*Stripe Direct Charges

 

For an item posted as a “Swap & Donate,” it means a portion of the proceeds from the transaction is donated to a DTM Charity Partner. The transaction fee for any Donation is a fixed 5% of the total Swap product value irrespective of the % donated. 

 

Example: Swap &  Donate Fee Breakdown 

Product Value	%age Donated	DTM Fee	Seller Proceeds	Charity
100DTM	10%	5DTM	85DTM	10DTM
100DTM	20%	5DTM	75DTM	20DTM
100DTM	50%	5DTM	45DTM	50DTM
100DTM	100%	5DTM	0DTM	95DTM

 

     3.  Fee Modifications

DTM may permanently or temporarily change some or all fees for the Service at any given time without notice and such changes will be effective upon our revision of these Terms and Conditions.

11. SHIPPING COSTS

The Buyer is solely responsible for any costs associated or incurred for shipping with respect to their purchased item.   

24. CONTACT

For all support based enquiries, you can contact the team here: Contact us