Terms of Use

Welcome

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Welcome to the PYPER Website, located at pyper.com.au (the Website) and/or the PYPER App which are operated by PYPER ACN ___ ___ ___  (we, us, our, or PYPER).

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Your access to, and use of, the Website and/or the PYPER App are conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Your use of, and access to, the Website and/or the PYPER App constitutes your agreement to the Terms of Use.

We may at any time and at our sole discretion, amend, revise or modify the Terms of Use. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review the Terms of Use, which can be viewed here. You agree to be bound by such changes, modifications or revisions as made by us from time to time.

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Our Services

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PYPER provides you with access to, and use of, the Website and/or the PYPER App to promote, via the Website and/or the PYPER App, various discounted products or services (Products) on behalf of third party suppliers (Merchants) for the purpose of providing you with an invitation to purchase the Products from the Merchants (our Services). Your decision to access and use our Services means you acknowledge that you have read, understood and agree to be bound by the Terms of Use.

We cannot and will not be responsible for any delays or interruptions to our Services. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website and/or the PYPER App will be available at all times or at any given time.

We may at any time and without notice to you, discontinue our Services in whole or in part. However, we cannot be responsible for any loss, cost, damage or liability that may result from our discontinuance of the Services.

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Some content may be inappropriate for some Users. We are not responsible for any offense that may be caused as a result of the use of the Website and/or the PYPER App. If you access the Website and/or the PYPER App, you do so at your own risk.

Prohibited conduct

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In relation to our Services, you must not:

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• use our Services for any activities, or post or transmit via the Website and/or the PYPER App, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes

• use our Services to post or transmit via the Website, any material which interferes with other Users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any User from using the Website, the PYPER App or the Internet

• use our Services to send unsolicited email messages

• in any way tamper with, hinder or modify the Website and/or the PYPER App

• knowingly transmit any viruses or other disabling features to the Website and/or the PYPER App or via the Website and/or the PYPER App

• allow any unauthorised person to access or use your Account

• or attempt any of the above acts or facilitate or assist another person to do any of the above acts

Intellectual Property

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The material on the Website and the PYPER App, including the software, design, text, images and graphics comprised in the Website and the PYPER App, and the selection and layout of the Website and the PYPER App, are owned or under licence by PYPER and protected by Australian and international laws.

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Your access to, and use of our Services do not grant you a licence or act as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the Website and/or the PYPER App without the express written permission of the trade mark owner.

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We own the copyright, which subsists in all creative and literary works that are displayed on the Website and the PYPER App.

You may view the Website and/or the PYPER App and its contents using your web browser or your app-enabled mobile device. In visiting the Website and/or the PYPER App, you may make a temporary copy of the Website and/or the PYPER App by means of the usual operation of your web browser or app-enabled mobile device only.

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You must not:

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• reproduce or use any of the material or the Content on the Website and/or the PYPER App for commercial purposes, including sale

• or in any way modify the material or the Content on the Website and/or the PYPER App

In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.

Third party links

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The Website and/or the PYPER App may contain hyperlinks and other pointers to Websites operated by third parties (“Linked Websites”). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services Offered at Linked Websites. 

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You visit Linked Websites entirely at your own risk

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We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content.  You further indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of any such Dealings with third parties. You should make your own investigations with respect to the suitability of goods and/or services Offered to you via a Linked Website. 

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Indemnity

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By using our Services, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort, contract or otherwise, including and without limitation, negligence) arising out of or in any way connected to the use of the Website and/or the PYPER App by you.

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Disclaimer 

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Some legislation such as the Australian Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your “Statutory Rights”).  We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

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Except for your Statutory Rights and with respect to our Services:

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• all material on the Website and/or the PYPER App is provided to you without warranties of any kind, either express or implied

• we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose

• we do not warrant that the functions contained in any material on the Website and/or the PYPER App, or your access to the Website and/or the PYPER App, will be uninterrupted or error free, that any defects will be corrected or that the Website, the PYPER App or the server which stores and transmits material and content to you are free of viruses or any other harmful components and

• we do not warrant or make any representation regarding your access to, or the results of your access to, the Website and/or the PYPER App including its correctness, accuracy, timeliness, completeness, reliability or otherwise

To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website and/or the PYPER App.

You expressly acknowledge that we do not exert control over Users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website and/or the PYPER App.

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Limitation of Liability

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To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following: 

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• the resupply of the Services

• or the payment of the cost of having the Services resupplied

Privacy

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By agreeing to and accepting the Terms of Use, you also agree to the terms of the PYPER Privacy Policy.

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Termination

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The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive. 

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Miscellaneous

We rely upon your continued observance of the Terms of Use.  If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

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If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect. 

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All rights not expressly granted in the Terms of Use are reserved.

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If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

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Delivery

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There are no products to deliver. 

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Refund

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There are no refunds applicable. 

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Governing Law

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The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia.  You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.