Terms & Conditions
1. Our Disclosures
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
- Your Membership may be subject to a minimum term, as set out in your Account. Without limiting your rights under the Australian Consumer Law, you may only cancel your Membership at the expiry of the minimum term.
- Unless your Membership is terminated in accordance with these Terms, your Membership will roll over on an ongoing basis as set out in your Account.
- Our liability under these Terms is limited to 12 months of Fees, and we will not be liable for Consequential Loss, any loss that is a result of a Third Party Service, or any loss or corruption of data.
- We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform or for featuring certain products or services on the Platform.
Nothing in these terms limit your rights under the Australian Consumer Law.
- Please note that our Platform and the content contained on our Platform (including any recommendations, comparisons and any other tools, information, insights or resources made available to you) (Content) are provided for general information purposes only, and on an “as is” basis. The Content is intended only to provide general information, and you must not use the Content on the basis that it is legal, financial, superannuation or tax advice. Whilst we use reasonable endeavours to keep the information up to date and to highlight financially beneficial options for you, we make no representation that any information provided is accurate or up-to-date and we do not guarantee that any recommendations featured on our Platform are more suitable than options or businesses not featured on our Platform. If you choose to make use of our Content, you do so at your own risk. To the extent permitted by law, we do not assume any responsibility or liability, and you waive and release us from all responsibility or liability, arising from or connected with your use or reliance on the Content provided in our Platform. It is your sole responsibility to determine the suitability, reliability and usefulness of our Platform and our Content.
- These terms and conditions (Terms) are entered into between Xtrordinate Enterprises Pty Ltd ACN 663 840 784 (we, us or our) and you, together the Parties and each a Party.
- We provide a cloud-based, software as a service platform where users, including lenders (Lenders) who wish to lend funds to borrowers and borrowers who wish to borrow funds from lenders (Borrowers) can create, connect, track and pay personal loans (Platform).
- In these Terms, you means the person or entity registered with us as an Account holder.
4 Acceptance and Platform Licence
- You accept these Terms by accepting these Terms on the Platform.
- You must be at least 18 years old to use the Platform. If you are under 18 years of age, you warrant to us that you have parental consent to sign up for an Account and use the Platform.
- We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or 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 and it adversely affects your rights, you may cancel your Membership with effect from the date of the change in these Terms by providing written notice to us. If you cancel your membership, (a) you will no longer be able to use the Platform on and from the date of cancelation, and (b) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
- If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
- 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 in accordance with these Terms. All other uses are prohibited without our prior written consent.
- When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
- (a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
- (b) using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
- (c) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
- (d) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform;
- (e) using the Platform to commit any unlawful acts, including money laundering; or
- (f) facilitating or assisting a third party to do any of the above acts.
5. Chipkie Services
- In consideration for your payment of the Fees, we agree to provide you with access to the Platform and any other services we agree to provide as set out in your Account.
- From time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.
- Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you must place a request via email. We will endeavour to respond to any support requests in a reasonable period.
- You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, cloud storage providers, CRM systems, payment systems, cashback services and internet providers) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.
- You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.
- To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.
- You must register on the Platform and create an account (Account) to access the Platform’s features.
- You must provide basic information when registering for an Account including your contact name, address, phone number and email address and you must choose a username and password.
- You may also register for an Account using your Facebook, Google or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
- You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer or provide it to others.
- 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 payments made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
- When you create an Account, you must also select a membership (Membership). You may choose between different tiers of Membership with different services and different membership periods as set out on our Platform.
7. Identify verification
- We may require you to provide information to us to validate your Account using a third party verification service (Third Party ID Service), including if required under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) or any other applicable law or regulation.
- You agree to provide any information or documentation reasonably required by us or a third-party provider to verify your identity in connection with your Account or Requests.
- By registering on the Platform, you acknowledge and agree that (1) we may contact, connect to or otherwise liaise with Third Party ID Services to validate your identity and information (Identity Check); and (2) Third Party ID Services may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform an Identity Check.
8. Loan Services Summary
- The Platform offers a service which allows you to:
- (a) as a Lender, create an offer for a loan (Loan Offer). Your Loan Offer will be sent to a Borrower via email, and the Borrower may choose to accept or reject your Loan Offer; and
- (b) as a Borrower, create a request for loan (Loan Request). Your Loan Request will be sent to a Lender via email, and the Lender may choose to approve or reject your Loan Request;
- (c) as a Lender or Borrower, track or make any loan repayments (as applicable),
(together, the Loan Services).
- As a Lender or Borrower, in order to create a Loan Offer or Loan Request (as applicable), you must provide us with information as requested on the Platform, including:
- (a) the amount that you wish to lend or borrow (as applicable) (Loan Amount);
- (b) your bank account details (Nominated Payment Method);
- (c) if applicable, your approval to enter into a standing direct debit authority with us (or one of our third party direct debit partners);
- (d) your preferred repayment plan as offered via the Platform (Repayment Plan), which outlines:
- (i) the Loan Amount to be repaid to the Lender by the Borrower;
- (ii) any interest on the Loan Amount (calculated as a percentage of the Loan Amount) (Loan Interest) to be repaid by the Borrower to the Lender; and
- (iii) the duration of the loan and whether it is monthly or weekly repayments.
- For the avoidance of doubt, you are not required to provide us with such details if you do not create a Loan Offer or Loan Request, or otherwise have a paid Membership on the Platform.
- If a Lender wishes to approve a Loan Request, or if a Borrower wishes to accept a Loan Offer, the Lender or Borrower (as applicable) must follow the prompts in the email to create an Account and provide us with their information as requested on the Platform.
- Once a Loan Offer is accepted by a Borrower, or a Loan Request is approved by a Lender:
- (a) it becomes a Confirmed Loan; and
- (b) the Parties can choose to execute a loan agreement through the Platform if this option is made available to them. You may be charged an additional fee to create a loan agreement, as set out on the Platform (Loan Agreement Fee).
- Automatic Loan Repayments
As a Borrower, you can choose to make automatic repayments of a Confirmed Loan through the Platform (if this feature is available via your Account as part of your Membership).
- As a Borrower, if applicable, in consideration of us providing the Loan Services and subject to these Terms, you hereby consent to, authorise and instruct us to deduct from your Nominated Payment Method the Loan Amount, the Loan Interest, and any other applicable fees as set out on the Platform (together, the Total Repayment Amount) as set out in these Terms and on the dates (Repayment Dates) set out in any applicable Repayment Plan (each an Automatic Payment). You acknowledge that you are giving us the ability to collect or reverse variable payment amounts from or to your Nominated Payment Method, in accordance with your Repayment Plan and these Terms.
9. Conditions of Use and Payments
- You understand and agree that we only make available the Platform and we do not loan money or make lending decisions. We are not party to any agreement entered into between a Lender and a Borrower and we have no control over the conduct of Lenders, Borrowers or any other users of the Platform.
- All Loan Offers and Loan Requests are subject to approval by us, in our reasonable and sole discretion, and we are not under any obligation to approve your Loan Offers or Loan Requests. We may choose not to approve a Loan Offers or Loan Requests and may cancel any Loan Offers or Loan Requests that has been approved by us before the Loan Services are supplied.
- You acknowledge and agree that the Loan Services are reliant on the accuracy and completeness of the information that you provide to us. 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 you providing us with inaccurate or incomplete information.
- The amounts of each of the applicable fees and the selected Repayment Plan will be as set out in the Platform at the time a Confirmed Loan is made.
- You must not pay, or attempt to pay, any applicable fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
- As a Borrower:
- (a) you agree to ensure that payment(s) are made in accordance with the Repayment Plan. You may make early payments through your Account, otherwise we will automatically process payments in accordance with the Repayment Date/s provided in your Repayment Plan; and
- (b) you are responsible for ensuring that you have sufficient funds in your Nominated Payment Method available to pay the Total Repayment Amount on the Repayment Date. You are liable for any fees or charges imposed in relation to your Nominated Payment Method, except to the extent these are as a result of our error or our system failure and where this is the case you should provide us with a copy of the relevant records so that any issue can be resolved.
- You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us (whether under these Terms or otherwise).
- To the extent permitted by law, the Fees are non-refundable once paid.
- You understand and agree that we may rely on third party providers to facilitate direct debit payment functionality on the Platform (Direct Debit Function). By using the Platform and the Direct Debit Function, you agree:
- (a) to enter into a standing direct debit authority with us;
- (b) if required, to complete a direct debit request form and/or direct debit request service agreement, which may be provided by us or by a third-party provider on our behalf;
- (c) where you are a Borrower, that you are responsible for ensuring that sufficient funds are available in your nominated account to meet the direct debit payments. Should your payment be dishonoured, you authorise us to debit your account when sufficient funds become available in your nominated bank account; and
- (d) that we have no control over the actions of the third-party direct debit provider, and your use of the third-party payment method may be subject to additional terms and conditions.
- Late Payments and Changes to Loan Repayments
As a Borrower, if an Automatic Payment fails (for example, where your Account has insufficient funds on a Repayment Date), you understand and agree that:
- (a) we may debit your Nominated Payment Method at a later date or time (including withdrawing part payment from your Nominated Payment Method and allocating any part payment to the Total Repayment Amount) until the Total Repayment Amount has been paid to us in full; and
- (b) you may be charged a fee by your payment provider.
- As a Borrower, you may request to:
- (a) extend the Repayment Dates for a Confirmed Loan;
- (b) delay your repayment of the Loan Amount; or
via the Platform (each, a Loan Repayment Change Request). Your repayment requirements will only be modified if your Loan Repayment Change Request is approved by the Lender.
- As a Lender, you may accept an Extension Request via the Platform.
- You may purchase a Membership by paying the Membership fees outlined on the Platform (Fees) in advance on a monthly basis or some other recurring interval disclosed to you prior to your payment of the Fees (Billing Cycle).
- Your Membership will automatically renew at the end of the Billing Cycle for the same period of time and you will be charged the Fees in connection with each subsequent Billing Cycle unless and until you cancel your Membership.
- The payment methods we offer for the Fees are set out on the Platform. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
- You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.
- You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us in connection with the Platform.
- We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
- Changes to your Membership: If you wish to change your Membership (for example, by upgrading to a different Membership tier), you must provide notice to us through your Account that you wish to vary your Membership at least 48 hours before the end of the current Billing Cycle. If you vary your Membership and the Fees increase, we will charge you for the increase in the Fees on a pro-rata basis for the remainder of the period until the start of the next Billing Cycle, and you will have access to the additional Membership features from the date you make such payment.
- The Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms.
- We may need to change what is available as part of your Membership (for example, the inclusions, exclusions, updated features) from time to time. If we change what is available as part of your Membership, we will provide you with at least 30 days’ notice of the change. After the notice period has lapsed, we will apply the changes to your Membership. If the changes adversely affect your enjoyment of the Membership, you may cancel your Membership with effect from the date we apply the changes to your Membership by providing written notice to us. If you cancel your membership, (a) you will no longer be able to use the Platform on and from the date of cancelation, and (b) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
- We may need to change the Fees from time to time. If we change the Fees, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Fee to your Membership. If the updated Fee is not acceptable to you, you may cancel your Membership in accordance with the ‘Cancellation of Memberships’ clause.
11. Our Intellectual Property
- You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property) will at all times vest, or remain vested, in us.
- We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual Property on your personal device, and you may not use Our Intellectual Property for any commercial purpose.
- You must not, without our prior written consent:
- (a) copy, in whole or in part, any of Our Intellectual Property;
- (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
- (c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, downloading Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
- Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
- (a) you do not assert that you are the owner of Our Intellectual Property;
- (b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
- (c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
- (d) you comply with all other terms of these Terms.
- This clause will survive the termination or expiry of your Membership.
12. Your Data
- You own all data, information or content you upload into the Platform (Your Data).
- You grant us a limited licence to copy, transmit, store, backup and/or otherwise access or use Your Data to:
- (a) communicate with you (including to send you information we believe may be of interest to you);
- (b) supply the Platform to you and otherwise perform our obligations under these Terms;
- (c) diagnose problems with the Platform;
- (d) enhance and otherwise modify the Platform;
- (e) perform Analytics;
- (f) develop other services, provided we de-identify Your Data; and
- (g) as reasonably required to perform our obligations under these Terms.
- You agree that you are solely responsible for all of Your Data that you make available on or through the Platform. You represent and warrant that:
- (a) you are either the sole and exclusive owner of Your Data or you have all rights, licences, consents and releases that are necessary to grant to us the rights in Your Data (as contemplated by these Terms); and
- (b) neither Your Data nor the posting, uploading, publication, submission or transmission of Your Data or our use of Your Data 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.
- You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform, in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own internal business purposes, provided that the Analytics do not contain any identifying information.
- We do not endorse or approve, and are not responsible for, any of Your Data.
- You acknowledge and agree that the performance of the Platform is reliant on the accuracy and completeness of Your Data, and the provision by you of Your Data that is inaccurate or incomplete may affect the use, output and operation of the Platform.
- This clause will survive the termination or expiry of your Membership.
- You represent, warrant and agree that:
- (a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
- (b) there are no legal restrictions preventing you from entering into these Terms;
- (c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
- (d) you authorise us to disclose your card-related details and related information to third parties (including, without limitation, Visa and Mastercard) for the purpose of eliminating fraud and any other unlawful behaviour;
- (e) you will cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your use of the Platform, the Loan Services or your Account;
- (f) any information, advice, material, work and services (including the Loan Services) provided by us under these Terms does not constitute legal, financial, merger, due diligence or risk management advice;
- (g) where you are a Borrower, in using our Platform and the Loan Services, you understand that we do not and will not enter into any agreements with a third party on your behalf to pay an amount. We only pay the amount directly to the third party Lender nominated by you, in accordance with the information that you provide to us, and it is your responsibility to ascertain whether our products or services are appropriate for you; and
(h) we are not a party to any loan or agreement you may have with a Borrower or Lender (as applicable).
- You acknowledge and agree that:
- (a) we do not determine if you are liable for any taxes or collect or pay any taxes on your behalf that may arise from your use of the Platform and Loan Services; and
- (b) you use the Platform and Loan Services at your own risk.
- 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 (Consumer Law Rights).
- If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law 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 Consumer Law 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.
- This clause will survive the termination or expiry of your Membership.
- Despite anything to the contrary, to the maximum extent permitted by law:
- (a) neither Party will be liable for Consequential Loss;
- (b) each Party’s 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 the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
- (c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Fees paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been less than 12 months of Fees paid, an amount equal to 12 months of Fees calculated on a pro rata basis having regard to the amount of Fees paid and the period of time).
- 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:
- (a) any interruptions or downtime to the Platform as a result of any scheduled or emergency maintenance;
- (b) your acts or omissions;
- (c) any use or application of the Platform by a person or entity other than you, or other than as reasonably contemplated by these Terms;
- (d) any works, services, goods, materials or items which do not form part of the Platform (as expressed in these Terms), or which have not been provided by us;
- (e) any legal obligation between you and the Lender or Borrower, as applicable;
- (f) any information provided by you that is inaccurate or incomplete, including where you provide us with incorrect payment details; and/or
- (g) any event outside of our reasonable control (including a Force Majeure Event, and a fault, defect, error or omission in Your Data).
- This clause will survive the termination or expiry of your Membership.
- Cancellation of Memberships: You may request to cancel your Membership at any time by notifying us via email or via the ‘close my account’ feature in your Account. Your cancellation will take effect from the end of the current Billing Cycle/end of the minimum period as set out in your Account.
- A Membership will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
- (a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
- (b) the Defaulting Party is unable to pay its debts as they fall due
- Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach.
- Upon expiry or termination of your Membership:
- (a) we will remove your access to the Platform; and
- (b) where we terminate your Membership as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.
- Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees on a pro-rata basis.
- Termination of a Membership will not affect any rights or liabilities that a Party has accrued under these Terms.
- This clause will survive the termination or expiry of your Membership.
16. 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.
- Apple and Apple 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.
- Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
- Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
- Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt 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.
- Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
- Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimize the duration and adverse consequences of the Force Majeure Event.
- Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales 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 details set out below or to you at the details provided 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.
- Privacy: Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
- Publicity: With your prior written consent, you agree that we may advertise or publicise the fact that you are a user of our Platform, including on our website or in our promotional material.
- 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.
- Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.
- Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any 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. The Parties agree that your obligation to pay us the Fee under these Terms will not constitute “Consequential Loss”.
- Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
- Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, 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, whether or not registered or registrable.
- 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:
Xtrordinate Enterprises Pty Ltd (ACN 663 840 784)
Last update: 31 August 2023
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