Marketplace Terms & Conditions

Welcome to Warrp! Our mission is to provide a safe and efficient experience for both the buyer and seller. Based and founded in Melbourne, Australia, we aim to spread our mantra across the globe one local community at a time.

These terms and conditions (Terms) are entered into between Warrp Pty Ltd ABN 45 643 689 623 (we, us or our) and you, together the Parties and each a Party.

We provide a platform where sellers can list new and second-hand goods (Sellers) and buyers can purchase the goods from sellers (Buyers) (the Platform). The Platform is available as a mobile application (the App) on iOS devices only from the App Store.

In these Terms, you means (as applicable) (1) the person or entity registered with us as either a Buyer or Seller; or (2) the individual accessing or using the Platform.

If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

Acceptance

You accept these Terms by registering on the Platform, or using the Platform or the services.

You must be 13 years old to use the Platform. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf.

If you are a parent or legal guardian allowing a minor to access and/or use the Platform, you agree to: (1) supervise the minor’s use of the Platform, (2) assume all risks associated with, and liabilities resulting from, the minor’s use of the Platform, (3) ensure that the content on the Platform is suitable for the minor, (4) ensure all information submitted to us by the minor is accurate and (5) provide the consents, representations and warranties contained in these Terms on the minor’s behalf.

We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the “Cancelling Membership” clause.

By accessing or downloading our mobile application from the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service.

Platform summary

The Platform is a marketplace where Buyers and Sellers can find each other, and buy and sell new and second-hand goods. The price of the goods will be based on a system generated price that derives from a collection of values submitted by users of the Platform on the goods. The price is fixed for a 12-hour period (a Cycle). During a Cycle, Buyers can purchase the goods for that price as long as it is accepted by the Seller, after which, if the goods haven’t been sold, a new Cycle starts again with a new fixed price that may be higher or lower than the previous Cycle.

We provide the Platform to users (including hosting and maintaining the Platform), assist Buyers and Sellers to form transactions for the supply of goods and process payments between Buyers and Sellers (together the Warrp Services). You understand and agree that we only make available the Platform and the Warrp Services. We are not party to any agreement entered into between a Buyer and a Seller and we have no control over the conduct of Sellers, Buyers or any other users of the Platform.

As a user, you may submit valuations for goods listed on the Platform. Valuations assist the goods in reaching an economic balance on what consists of a fair market price for those goods, and can be higher or lower than the live price listed. You are not required to buy an item that you have submitted a valuation for.

A Seller wanting to sell goods creates an Account on the Platform and posts an accurate and complete description of the goods they can sell including photos of the goods, a suitable marketplace category and a choice of offered delivery method(s) which includes: (1) a delivery method where the seller and buyer meets at a place of business acknowledged by us (a Warrp Trusted Partner) (Safe Meetup & Pickup), (2) a delivery method where the Buyer picks up the goods from the Seller’s location (Pickup) and (3) a delivery method where the Seller posts the item to the buyers address at the Seller’s expense (Postage) (Seller Listing).

A Buyer wanting to buy goods creates an Account on the Platform to view and browse Seller Listings

A Buyer initiates a purchase by making an offer to buy the goods at the fixed price listed and by choosing a delivery method from the list of offered delivery methods by the Seller. If the Safe Meetup & Pickup option is chosen, while making the offer to buy, the buyer will make a suggestion of which Warrp Trusted Partner to meet at as recommended by Warrp based on a mutual geo-location of the seller and the buyer. The buyer must also have sufficient funds in his or hers Warrps account balance (Warrp Account) in order to make the offer. This constitutes an offer from the Buyer to the Seller to buy the goods described in the Seller Listing, including any GST payable (Buy Offer).

If the Seller accepts the Buy Offer through the Platform, it becomes a Sale and both the Buyer and Seller will further communicate in a private chat regarding the transaction.

By accepting a Buy Offer, the Seller confirms that it is legally entitled to and capable of supplying the goods described in the Seller Listing.

Accounts

You must register on the Platform and create an account (Account) to access the Platform’s features. You can create an Account either using your Apple ID, Facebook account, Google account or email address.

You may only have 1 Account on the Platform which you can use as a Seller, a Buyer and a general user.

You must provide basic information when registering for an Account including your first name, last name, suburb and postcode of residence, mobile phone and email address and you must choose a username and secure password.

Once you have registered an Account, your Account information will be used to create a profile which you may then curate.

You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.

Your Account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.

You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

If you are a Seller, we may request additional information for verification purposes such as email authentication, mobile phone verification, Australian ID verification, residence verification and other required information to verify you as a legitimate Seller. If you do not provide us with information we reasonably request, we may suspend or deactivate your Account. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.

We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of the services, threshold of reviews.

When you create an Account, you will automatically be granted a green loyalty pass. The more you interact with the Platform, the more points you will accumulate which will allow you to automatically upgrade to a higher loyalty pass level.

Communication

We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.

Buyers and Sellers can communicate privately using our private messaging service Buyers and Sellers must not share personal contact details to organise the provision of the goods and/or services off the Platform.

Payment

It is free to register an Account on the Platform, for Sellers to create Listings, for Buyers to transact, to deposit or withdraw money in your Warrp Account and for using the Platform in general. The only time a fee is incurred is when the Seller completes a transaction successfully. The fee is $0.99 + 4.99% with a capped fee of $49.99 of the final transaction price and this is in Australian dollars inclusive of GST (Sale Transaction Fee).  The Sale Transaction Fee is deducted from the final settlement of the payment prior to it being released to the Sellers Warrp Account. If the      Seller has a Sales Transaction Fee credit, this will be applied to the next successful transaction made and the Sale Transaction Fee will be fully discounted to $0. To deposit money into your Warrp Account, you will need to simply follow the steps in the account section of the App using the Instant Deposit button. Everytime you use the Instant Deposit button, a PayID unique token is generated for the deposit which has a 20-minute expiry. In this 20-minutes, you will need to log into your own banking app and pay the exact amount of the deposit to the PayID unique token generated. You will then receive a notification when we have received your money and the amount will show in your Warrp Account ready for use.

To withdraw money from your Warrp Account, you will need to simply follow the steps in the account section of the App using the Instant Withdraw button. You will register your very own PayID through your own banking app and have this updated here. You can then simply make a request to withdraw any available monies in your Warrp Account and you will receive a notification when we have sent your money to you.

General

We have partnered with Azupay to process all incoming payments on our Platform. You are not required to open an Azupay account or provide any credit card or bank information to us or Azupay. You simply will be handling payments within your own banking app using PayID by Osko. We do not have allowances for any other means of depositing and withdrawing money to and from your Warrp account other than the PayID by Osko method using your own banking app.

Delivery and Collection

The Buyer receives purchased goods by one of three methods [as agreed between the Seller and Buyer:

(1) a delivery method where the Seller and Buyer meets at a Warrp Trusted Partner (Safe Meetup & Pickup), (2) a delivery method where the Buyer picks up the goods from the Seller’s location (Pickup) and (3) a delivery method where the Seller posts the item to the Buyer’s address at the Seller’s expense (Postage).

Escrow & Dispute Policy

Transaction Payments will be held by us until both the Buyer and Seller confirms that the transaction is complete by selecting the Finalise Sale button on the Platform. At this time, we shall transfer the Transaction Payment minus the Sale Transaction Fees (when applicable)  to the Seller. There will be a transaction log available within the account section of the App that itemises each and every transaction and fees incurred.

For disputes, there is a dispute button within the app that the Seller and Buyer can click on to raise a dispute. Once a dispute is raised (considered the Dispute Date), the Buyer and Seller have 14 calendar days (considered the Negotiation Period) to resolve their dispute.

If the Buyer and Seller have not resolved the dispute within the 14-day Negotiation Period, the Buyer and Seller are provided a second 14-day period (considered the Arbitration Commencement Period). During the 14-day Arbitration Commencement Period, the Buyer and Seller are required to start an off Platform dispute resolution – an arbitration process administered by independently engaged arbitrators off the Platform. The engagement of these arbitrators falls within the responsibility of the Buyer and the Seller.

If we have not received proof of binding arbitration from the Buyer or Seller by the end of the Arbitration Commencement Period, we will close the dispute and refund the payment to the Buyers Warrp Account.

 

Prohibited Goods

The following items are prohibited from being listed, transacted, offered or sold on the Platform:

  • Alcoholic Beverages
  • Blood, Body Parts and Bodily Fluids, or offers of humans for sale, including offers or requests for adoption or surrogacy
  • Burglary Tools
  • Counterfeit Products, replicas or knock-off brand name goods
  • Embargoed Goods
  • Endangered or protected species, or any part of any endangered or protected species
  • Prostitution and Escort services that offer sex, sexual favours, sexual actions or sexual services in exchange for anything
  • Fireworks, Destructive Devices and Explosives
  • Government and Transit Badges, Uniforms, IDs, Documents and Licenses
  • Hazardous Materials including but not limited to radioactive, toxic and explosive materials
  • Identity Documents, Personal Financial Records & Personal Information
  • Illegal Drugs, controlled substances, substances and items used to manufacture controlled substances and drugs, & drug paraphernalia
  • Illegal items and services, and items which encourage or facilitate illegal activity
  • Illegal telecommunication and electronics equipment such as access cards, password sniffers, radar scanners, traffic signal control devices or cable descrambler
  • Items issued to any Armed Force that have not been disposed of in accordance with that country’s demilitarisation policies
  • Lottery Tickets, Sweepstakes Entries and Slot Machines
  • Material, pictures and images that are obscene, pornographic, adult in nature, contain nudity or are harmful to minors
  • Material that infringes copyright, including but not limited to software or other digital goods which you are not authorised to sell
  • New merchandise or services from network marketing companies, work-from-home, independent franchisees or distributors, or similar representatives
  • Personal information or mailing lists. We do not accept the sale of bulk email, Internet Protocol (IP), Instant Messenger (IM), or mailing lists that contain names, addresses, phone numbers, or other personal identifying information. Any tools or software designed predominantly to send unsolicited commercial messages (UCE or “spam”) are also not permitted.
  • Selling or offering services for supplements/medicine general or pharmaceutical
  • Software, websites, domain names or any data or digital transferable items
  • Prescription or Non-prescription drugs and devices, drugs that make false or misleading treatment claims, or treatment claims that require therapeutic goods administration “TGA” approval
  • Offensive material
  • Pesticides or hazardous materials
  • Plants and insects that are restricted or regulated
  • Recalled items, banned products or products that do not meet the mandatory product safety standards (for items recalled in Australia and information on product safety bans and mandatory standards, please visit: productsafety.gov.au).
  • Stocks and other securities including Bitcoins and related mining equipment
  • Stolen property
  • Tobacco products and related items, including e-cigarettes
  • Used cosmetics
  • Used or rebuilt batteries or batteries containing mercury
  • Weapons and related items (including, but not limited to firearms, firearm accessories, parts and magazines, ammunition, paintball guns, gel blaster guns, BB and pellet guns, spearguns, tear gas, tasers, stun guns, switchblade knives, martial arts weapons, archery and/or bow and arrow equipment)
  • Ivory, rhino horn or any animal parts or hunting trophies
  • Votes in elections administered by the Australian Electoral Commission or state-based Electoral Commission
  • Census or other survey papers issued by the Australian Bureau of Statistic
  • All ads for COVID-19 associated items, including: Surgical and respiratory masks, Hand sanitisers and gels, Toilet paper, Disinfectant wipes, Medical protection disposable gowns and gloves and all masks for children under the age of two

Identify verification

If we choose to conduct identity verification or background checks on any Buyer or Seller, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Buyer or Seller or guarantee that a Buyer or Seller will not engage in misconduct in the future. Any verification of Sellers on the Platform is not an endorsement or recommendation that the Seller is trustworthy or suitable. You should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any users of the Platform.

We may offer you the option of verifying your identity and/or validating your Account using a third party verification service (Third Party ID Service).

Content

We may allow you to (1) post, upload, publish, send or receive relevant content and information (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (Warrp Content and together with User Content, Content).

Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform on your personal device(s) and access and view any Content solely for your personal and non-commercial use, in accordance with these Terms.  All other uses are prohibited without our prior written consent.

You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving  of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.

The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Warranties

You represent, warrant and agree that:

  • you will not use our Platform, including the Content, in any way that competes with our business;
  • there are no legal restrictions preventing you from entering into these Terms;
  • all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
  • you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
  • you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform;
  • where you are a Seller, you are responsible for complying with all laws, rules and regulations which apply to providing the goods in your Seller Listings;
  • where you are a Seller, you are appropriately qualified, and have any required skills, knowledge or training, to provide the goods; and
  • where you are a Seller, you are solely responsible for determining which projects to accept, the type, timing, manner and means, methods or processes of providing your goods, the price you charge for goods. You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the goods you offer. We do not set your fees, work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide your goods. You are responsible for any taxes payable on any fee you receive for your goods.

Australian Consumer Law

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services

(including the Platform) are provided to you without warranties of any kind, either express or implied, whether in

statute, at law or on any other basis.

As a Buyer, the goods provided by a Seller may also confer on you certain rights under the ACL.

This clause will survive the termination or expiry of these Terms.

Exclusions to liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

  • your acts or omissions;
  • the use or results of any Third Party ID Service;
  • any use or application of the Warrp Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
  • any aspect of the Buyer and Seller interaction including the goods offered by the Seller, the description of the goods requested or offered, any advice provided, or [supply and delivery of goods by the Seller.
  • any works, services, goods, materials or items which do not form part of the Warrp Services (as expressed in these Terms), or which have not been provided by us;
  • any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
  • the Warrp Services being unavailable, or any delay in us providing the Warrp Services to you, for whatever reason; and/or
  • any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law:

  • we will not be liable for Consequential Loss;
  • our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or any of your personnel); and
  • our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us repaying you the amount of any Service Fees paid by you to us in the 12 months prior to the event to which the Liability relates.

This clause will survive the termination or expiry of these Terms.

Termination

You may request to terminate your Account at any time by emailing us at questions@warrp.it.

We may terminate these Terms at any time by giving 30 days’ written notice to you (Termination for Convenience).

We may suspend your Account or terminate these Terms immediately upon written notice to you, if:

  • you breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
  • there is any reason outside our control which has the effect of compromising our ability to provide the Warrp Services; or
  • you are unable to pay your debts as they fall due.

These Terms will terminate immediately upon written notice by you, if we:

  • are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or
  • are unable to pay our debts as they fall due.

Upon expiry or termination of these Terms:

  • we will remove your access to the Platform;
  • we will immediately cease providing the Warrp Services;
  • where you are a Buyer, we will cancel any existing Bookings and you will lose any Listing Fees and other amounts paid. Where you are a Seller, we will cancel any existing Bookings and refund the relevant Buyers. Where you are a Buyer, you will lose any Listing Fees and other amounts paid; and
  • where we terminate the Terms for any reason, you also agree to pay us our additional costs arising from, or in connection with, such termination.

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

This clause will survive the termination or expiry of these Terms.

Seller insurance

As a Seller, we may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the goods you choose to provide to Buyers. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

Notice regarding Apple

To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

 

Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

 

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

 

Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

 

You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.

 

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

 

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

General

Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

 

Disputes:  In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Buyer and us, or a Seller and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. This clause will survive termination or expiry of this Agreement.

 

Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

 

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

 

Governing law: These Terms governed by the laws of Victoria.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

 

Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

 

Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.

 

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Intellectual Property Breach means any breach by you of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

 

For any questions or notices, please contact us at:

Warrp Pty Ltd ABN 45 643 689 623

Email: questions@warrp.it

Last update: 18 February 2021

© LegalVision ILP Pty Ltd

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