Terms and Conditions

1. Site Visitor Terms and Conditions

I. This website is owned, operated and maintained by Whatsupp.life Pty Ltd (the Operator).

II. These Terms and Conditions apply to your use of the website at www.whatsupp.life (Site). Please read these Terms and Conditions carefully before accessing or using the information and services available through the Site. By accessing or using the Site you agree to be bound by these Terms and Conditions.

III. These Terms and Conditions may be modified from time to time and you should regularly review them.

2. Use and Eligibility

I. The Site is only intended for individuals who can form legally binding contracts. By using the Site you are representing and warranting that you are over 18 years of age and able to enter into contracts. Do not use the Site if you do not qualify.

II. You must not use the Site to:

  • impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
  • attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
  • commit forgery (or attempted forgery);
  • harass any individual or breach the Australian Privacy Principles as set out by the Privacy Act 1988 (Cth);
  • collect or store data about other users or merchants, including e-mail addresses; and
  • violate any applicable state, Commonwealth or international law, convention or regulation.

III. Permission is granted to temporarily download one copy of the materials (information or software) on Whatsupp.life Pty Ltd.’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials;

  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on Whatsupp.life Pty Ltd.’s web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.
  • This license shall automatically terminate if you violate any of these restrictions and may be terminated by Whatsupp.life Pty Ltd at any time.
  • Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Access

I. The Operator reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that the Operator believes, in its sole discretion:

  • violates any term or provision of these Terms and Conditions;
  • violates the rights of the Operator or third parties; or
  • is otherwise inappropriate for continued access and use of the Site.

II. You acknowledge that the Operator has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating the Site, or to ensure compliance with these Terms and Conditions, or to comply with any law or order of a court.

4. Links and Advertising

I. The Site provides a number of services to allow you to compare and shop for your desired product.

II. No products are directly sold by the Operator through the Site. The Operator is not acting as an agent for any party or supplier and does not sell, re-sell or licence any products listed.

III. Neither the Operator nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content or privacy practices of any third party sites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on the Site or linked to or from the Site. You acknowledge that you enter any third party sites at your own risk and that the Operator is not responsible for third party sites.

IV. The Site may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither the Operator nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Site, you do so at your own risk.

V. If you choose to provide us with a written testimonial or comments about your experience using the Site or the Service, we may, with your permission, place such comments on the Site. If you do not wish for us to provide such comments on the Site or would like your comment removed from the Site, please email us at legal@whatsupp.life to let us know.

VI. You may also choose to share your experience using the Site via a number of social media networks. Subject to receiving your consent, any comments that are shared on the Whatsupp.life page through social networks (including, but not limited to) Facebook, Twitter, Instagram, YouTube, Google+, or Pinterest may be used and referenced on the Site.

VII. If you access the Site or the Service from a mobile or other device, we may collect a unique device identifier assigned to that device as well as geo location data, or other browsing information from that device (including URL history).

VIII. The materials appearing on Whatsupp.life Pty Ltd.’s web site could include technical, typographical, or photographic errors. Whatsupp.life Pty Ltd does not warrant that any of the materials on its web site are accurate, complete, or current. Whatsupp.life Pty Ltd may make changes to the materials contained on its web site at any time without notice. Whatsupp.life Pty Ltd does not, however, make any commitment to update the materials.

IX. Whatsupp.life Pty Ltd has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Whatsupp.life Pty Ltd of the site. Use of any such linked web site is at the user’s own risk.

5. Intellectual Property Rights/ Limited Licence to use the Site

I. The information, text, materials, graphics, logos, button icons, images, video and audio clips, trademarks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (Content) is protected by copyright, trade mark and other intellectual property laws.

II. You must not modify, copy, reproduce, republish, upload to a third party, communicate or distribute in any way the Content, except in accordance with these Terms and Conditions or as permitted by Part 3 – Division 4A of the Copyright Act 1968 (Cth).

III. The Operator’s logo and name are the property of the Operator and may not be used as part of your business or in connection with any goods and services without the prior written consent of the Operator.

IV. If you consider that any Content on the Site breaches your intellectual property rights please notify the Operator by electronic mail at legal@whatsupp.life

  • Notification, and any action that the Operator may take in response to the notification is not an admission that there has been a breach of intellectual property rights, or that the Operator accepts any liability in relation to such a breach. The Operator does not guarantee to take any action if notified under this clause.
  • To be effective, the notification must be in writing and include each of the following:
  1. a physical or electronic signature of person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • We may give you notice that we have removed or disabled access to certain material by means of a general notice on any Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
  1. your physical or electronic signature;
  2. identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. a statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Court in which your physical address is located, or if your physical address is outside of Australia, for any judicial district in which may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
  • It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

6. Content and Reviews

I. To the extent permitted by law, the Operator makes no warranties in relation to the Content, completeness of search results, suitability, quality, safety or legality of any items listed on the Site or the availability of users to complete a transaction with third parties (see Warranties below).

II. Reviews and ratings are from our users who have elected to post these on the Site. Any user can review and rate a product or merchant, and as such, the Operator gives no warranty as to the accuracy or truth of any review or rating nor the level of performance that may be expected from products based on ratings or reviews.

7. Indemnity

I. You agree to indemnify, defend, and hold harmless the Operator, and its officers, directors, shareholders, employees, consultants, licensors, suppliers, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable lawyers’ fees) arising from your use of the Site or your failure to comply with these Terms and Conditions, or from your violation of any applicable law.

II. Whatsupp.life cannot be held responsible for the presentation of products and services offered by the Merchant, for the order or the use of products from Merchants listed on our site.

8. Disclaimer of Warranties and Limitation of Liability

I. Subject only to clause 8.2 below:

  • this Site is provided by the Operator on an “as is” basis without any express or implied warranty of any kind;
  • the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties;
  • the Operator does not warrant that access to or use of this Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bomb, cancel bot or other harmful components;
  • the Operator does not warrant anything about the reliability, ownership, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any Content, software, text, graphics, links, communications, or any other material provided on or accessible through the use of the Site;
  • the Operator may change any of the material on the Site at any time without notice;
  • the Operator makes no commitment to update any material on the Site;
  • you are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through the Site;
  • you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the material on or accessible through the Site; and
  • in no event shall the Operator be liable for any direct, special, indirect, incidental, consequential loss (including among other things loss of any data, revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of:
  1. access to, or use of this Site, or delay or inability to use this Site, or any information contained in this Site;
  2. the availability and utility of products and services;
  3. the availability or accuracy of third party websites; or
  4. any breach of any third party intellectual property rights.

II. Where the laws of any country or state in which these Terms and Conditions are effective implies into these Terms and Conditions any term, condition or warranty, and those laws void or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms and Conditions provided that the liability of the Operator, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which you may sustain shall be limited, at the option of the Operator, to:

  • in the case of services, the supply of the services again, or the payment of having the services resupplied; and
  • in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.

III. General Terms and Conditions applicable to Use of a Web Site.

IV. Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.

9. Assignment

I. These Terms and Conditions may not be dealt with in any way by you (whether by assignment or otherwise) without the Operator’s prior written consent. You agree that the Operator may assign this agreement to a third party without notice.

10. Governing law

I. These Terms and Conditions are governed by and construed according to the law of the State of Western Australia, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State.

11. Indemnity

I. Except as provided for in clause 1.3, these Terms and Conditions constitute the entire agreement between you and the Operator with respect to this Site, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.

12. General

I. The Operator shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of the Operator, including any form of technological failure or the actions of third parties.

II. If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.

III. The failure by the Operator to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of the Operator in respect of any existing or subsequent breach of these Terms and Conditions.

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