Terms and Conditions (“Terms”)
Last updated: 27th February 2017
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://tippd.co website and the Tippd – Last Man Standing mobile application (the “Service”) operated by M4 Digital Pty Ltd (“The Company”, “us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
General Rules Relating To Conduct
The Service is made available for your own, personal use. The Service must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the Service you must comply with all applicable Australian laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
You agree that when using the Service you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
(a) Use the Service in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
(b) Attempt to gain unauthorised access to the Service or any networks, servers or computer systems connected to the Service; or
(c) Modify, adapt, translate or reverse engineer any part of the Service or re-format or frame any portion of the pages comprising the Service, save to the extent expressly permitted by these Terms or by law.
You agree to indemnify The Company in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the Service otherwise than in accordance with these Terms or Applicable Laws.
By registering for the Service, you agree to receive email/push communications in relation to the Service and/or The Company.
Disclaimer / Liability
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) FUTURE DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE SERVICE; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE SERVICE (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN FUTURE AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE SERVICE; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE SERVICE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
The Company will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the Service, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.
IF THE COMPANY IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE SERVICE, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) FIFTY AUSTRALIAN DOLLARS (AU$50.00); OR (B) THE SUMS PAID BY YOU UPON PURCHASING THE SERVICE, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS, WHICHEVER IS GREATER.
Nothing in these Terms shall be construed as excluding or limiting the liability of The Company or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by Australian law.
The Company reserves the right to suspend or cease providing any services relating to the Service, apps or websites published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
Advertisers in The Service
We accept no responsibility for adverts contained within the Service. If you agree to purchase goods and/or services from any third party who advertises in the Service, you do so at your own risk. The advertiser, not The Company, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Company in writing.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by The Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us.