Website Terms & Conditions

WHO, WHAT AND WHERE

Blinker Subscription Pty Ltd ABN 94 636 030 370 (Loopit) grants you a non-exclusive and revocable license to use and access the website hosted at loopit.co (Site), subject at all times to these Terms & Conditions.

In these Terms & Conditions, "us", "we" and "our" refer to Loopit and references to "you" and "your" is to you, the end user.

These Terms & Conditions are governed in accordance with the laws prevailing in New South Wales, Australia. Our Privacy Policy  is incorporated into these Terms & Conditions.

By using the Site you agree to be bound by these Terms & Conditions (including our Privacy Policy). If you do not agree with these Terms & Conditions or our Privacy Policy, you must immediately cease using or accessing the Site.

From time to time, we may publish other policies on the Site. You agree to keep up to date with these and comply with the terms as they relate to your use of the Site.

These Terms & Conditions (as amended from time to time) apply to the exclusion of all  discussions, representations, arrangements, understandings (contractual or otherwise) and all conditions or warranties (written or oral, express or implied) whether or not endorsed or delivered with or referred to in any correspondence or communication with us. For the avoidance of doubt, these Terms & Conditions include all statutory rights conferred on you that cannot be excluded, restricted or modified.

USE OF THE SITE & ACCESS THE SERVICES

You are granted a  non-exclusive, revocable license to use and access the Site is on the condition that:

a. You only use the Site for its intended purpose and not for any unlawful purposes;

b. You are not breaking any law in any  jurisdiction by accessing this Site;

c. You do not engage in any fraudulent, misleading, deceptive or otherwise improper, indecent or offensive behaviour in relation to the Site;

d. You  treat the Site and its users with respect and do not take part in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us);

e. You do not damage (or do anything which may damage) our credibility, goodwill or reputation;

f. You do not copy, store or otherwise access or use any information contained on the Site for any purpose not expressly permitted by these Terms & Conditions;

g. You do not act in a way which may compromise the security or integrity of the Site, including but not limited to, any attempt to breach our security protocols,  obtain data stored on the Site or a denial of service attack.

You agree to indemnify and hold us harmless against any loss or damage which we incur that arises as a result of or in connection (directly or indirectly) any breach of your obligations under this clause.

SITE AVAILABILITY AND ACCURACY

You acknowledge and agree that the Site may be unavailable from time to time, including but not limited to for planned maintenance or due technical issues.

We make no warranties (express or implied) as to the availability of the Site at any given time or that we will notify you in the event of any planned maintenance.

We make no warranties or guarantees (express or implied) as to the availability and ongoing availability of the Site or our services.

You acknowledge and agree that the content on the Site is for information purposes only and that you have made your own assessment of its suitability for your purposes, we give no warranties in relation to this.

We do not warrant the accuracy or completeness of any information contained on the Site. We update or change any aspects of the Site at any time in our absolute discretion.

INTELLECTUAL PROPERTY AND DATA

You acknowledge that we own or hold a license to use all copyright works, trade marks, designs and other intellectual property rights (whether or not registered or capable or registration) subsisting in the Site (Site IP).

You must not (and must not allow any other person to ), without our written consent:

a. Duplicate, replicate, copy, adapt or publish all or part of the Site;

b. Incorporate all or part of the Site in any other webpage, site, application or other digital or non-digital format; or

c. Use any Site IP for any purpose except as permitted under these Terms and Conditions.

You agree to indemnify and hold us harmless against any loss or damage which we incur that arises as a result of or in connection (directly or indirectly) any breach of your obligations under this clause.

You grant us a non-exclusive, royalty-free, worldwide, irrevocable licence to use and incorporate into the Site any general suggestions, enhancement proposals, recommendations or other feedback provided by you in respect of the Site.

You grants us a non-exclusive, royalty-free, worldwide, irrevocable, perpetual licence to retain, copy and use any data uploaded by you to the Site (User Data) for the purpose of conducting:

a. Internal research and product development;

b. Statistical analysis and identifying trends and insights; and

c. Any other business purpose as determined by us from time to time,

(any outcomes of which are Analytical Data).

You have the sole responsibility for determining the appropriateness, legality and right for us to use any User Data, and hereby represents and warrants to us that you hold and will continue to hold all rights and consents necessary to allow us to use, store and process all User Data (including any personal information, as defined in the Privacy Act 1998 (Cth) (Personal Information)) uploaded by you to the Site.

If, at any time, you provide Personal Information or other information about someone other than yourself, you warrant that you have that person's consent to provide such information for the purpose specified.

We may supply Analytical Data to third parties, provided that the Analytical Data supplied does not contain any Personal Information unless we are authorised to share such Personal Information with them.

THIRD PARTIES

The Site may contain information & advertising from third-party businesses, people & websites (Third-Parties). We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.

It is possible that Third Party cookies may be used on the Site. You acknowledge and agree that we have no access to or control over any such Third Party cookies.

You agree to indemnify and hold us harmless with respect to any loss, damage or claim arising out of or in connection with a Third Party's use of your Personal Information where we were authorised to provide that person with the Personal Information.

LIMITATION OF LIABILITY & INDEMNITY

You agree that you use the Site at your own risk.

Whilst we use best endeavours to maintain the security of the Site, we do not guarantee the security of the Site, our records, or your information. We disclaim all liability for any computer virus or technological problems that you experience as a result of your use of the Site, or any loss or damaged suffered due to any data breach or compromise or misuse of your data that is provided to us in connection with the Site.

You acknowledge and agree that we are not responsible for the conduct or activities of any other user of the Site,  and that we are not liable for any such conduct or activities under any circumstances.

You agree to indemnify and hold us harmless for any loss or damage which you may suffer that arises out of or in connection with (directly or indirectly) any breach of the Site's security (including any virus or technological problems experienced by you) or the conduct or activities or other users of the Site that is reasonably beyond our control. You must immediately notify us in writing on becoming aware of any actual, potential or threatened breach of the Site's security or of any conduct of other users of the Site that may breach these Terms & Conditions or is otherwise improper or offensive.

You agree to indemnify us against any loss, damage, cost or expense that we may suffer or incur that arises as a result of or in connection with (directly or indirectly) your use of or conduct or activities in connection with the Site, including any breach by you of these Terms & Conditions.

Under no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Site or any content, or in any way relating to an experience itself (or the provision or non-provision of an experience), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage to business interruption of any type, whether in tort, contract or otherwise.

Certain rights and remedies may be available to you under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories, and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, you hereby release us and our officers, directors, agents, related entities, related bodies corporate, employees and contractors from any loss suffered by you or any other person relating to or arising out of our provision of the Site or these Terms & Conditions. To the extent that our liability for breach of any implied warranty or will be limited, at our option, to:

a. the re-supply of services or payment of the cost of re-supply of services; orb. the replacement or repair of goods or payment of the cost of replacement or repair.

TERMINATION & CANCELLATION

Your licence to use and access the Site granted under these Terms & Conditions may be suspended or terminated by us at any time with or without reason.

NOTICES

You can direct any notices, enquiries or complaints and to Loopit by email at support@loopit.co.

GENERAL

We may amend these Terms & Conditions with notice to you at any time.

Publication of any amended Terms & Conditions on the Site will constitute notice to you of such amendments. Your continued use or access of the Site will constitute acceptance by you of the latest version of the Terms & Conditions published on the Site.

Nothing in these Terms & Conditions shall be deemed to form a relationship between Loopit and you of joint venture, partnership, employment or other association in any way other than parties to these Terms & Conditions.

If any provision of these Terms & Conditions is found by a court or other competent tribunal to be invalid or unenforceable in its jurisdiction, then:

a. where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; or

b. where the offending provision cannot be read down then that provision must be severed from the agreement, in which case the remaining provisions of these Terms & Conditions operate as if the severed provision had not been included.