Terms & Conditions
1. Formation of an Agreement
- these Terms and Conditions; and
- any applicable User Documentation.
2. Access to Platform
3. Accounts and Content
- You are solely responsible for the submission and input of Data and that all activities that occur in respect of Your Account, including its completeness, accuracy and correctness, and for obtaining all necessary licences and consents for its use;
- Purposit acts as a portal for the online distribution and publication of third party Content and that:
- Purposit does not act as moderator or editor of such Content and makes no warranty that such Content will actually be made available via the Platform and accepts no liability for, or related to, any third party Content that is accessible via the Platform, howsoever arising; and
- the Platform may contain links to other third party websites that are not controlled by Purposit and whose content, products, services, practices, policies or performance are not reviewed or endorsed by Purposit; and
- Purposit has the right (but not the obligation) to take any action it considers appropriate in respect of any Content provided to it, including to reject, approve or modify such Content, and takes no responsibility, and You agree to hold Purposit harmless, for the deletion or failure to store any Content, whether or not the Content was made available via the Platform or not.
- infringe upon or otherwise misappropriate any Intellectual Property Right or other proprietary right, or right of privacy, of any person;
- violate any Applicable Law;
- be defamatory, obscene, threatening, extortionate, objectionable or derogatory of any ethnic, racial, gender, religious, professional or age, contain child pornography or otherwise offend generally accepted community standards in Australia; or
- promote the use or sale of illegal drugs, tobacco, alcohol, firearms/weapons or otherwise promote any particular political agenda or message.
4. General obligations
- change or restrict access to Your Account and/or the Platform; and
- modify, suspend, terminate or close and remove any Account or Content otherwise displayed on the Platform.
6. Fees and payment
- Purposit will not receive, hold or otherwise control any Contribution(s) submitted by a Contributor other than an amount equal to its Fee(s) payable to it, which amount each Contributor and Organiser irrevocably acknowledges and agrees:
- will be immediately due and payable to Purposit upon a Contributor submitting a Contribution, which each Contributor hereby irrevocably directs and authorises Purposit and/ or its third-party payment processor(s) to deduct from any Contribution(s);
- are non-refundable, including as a result of any Organiser withdrawing an Invitation or failing to purchase the relevant Gift after or before the date of the Contribution;
- all payments are processed and disbursed by Purposit’s third party payment provider, who, at the date of this Agreement is Stripe, Inc [US], whose terms and conditions are contained at the website https://stripe.com/au and which you agree to be bound by and which you agree that any breach of will be deemed to a breach of these Terms and Conditions;
- You may be asked to provide customary payment information to Purposit or its third party processors, such as name, billing address, direct debit and credit card information either to Purposit or its third-party payment processor(s) and that Purposit and any third-party payment processor(s) are irrevocably authorised to initiate credit entries to recover the Fees from any payment method provided by You and to debit Your account to discharge Your obligations pursuant to this Agreement, which may include transaction or brokerage fees payable to any third party service providers, and that Purposit and/or its agents are not responsible for withholding or payment of any sales, use, personal property or other governmental tax or levy imposed on its Fees;
- Purposit or its third-party payment processor(s) may, from time to time, undertake any pre-authorization of your credit card and/ or charge your credit card a nominal amount to verify your credit card and that additional charges or expenses may be charged by Your bank or credit card provider as a result of the collection of Fees by Purposit or its third-party payment processor(s) and that Purposit disclaims all liability in relation to such charges or expenses;
- Purposit holds the benefit of each right, promise and obligation, including the benefit of each indemnity and release, contained in this Agreement, on its own behalf and for the benefit of each of its third-party payment processor(s); and
- in no event shall Purposit be liable to any User for any loss, damage or liability resulting from the any third-party payment processor(s) or any organisers acts or omissions, including any negligent acts or omissions; and
- unless otherwise expressly specified, all Fees are exclusive of GST and any other applicable federal and state taxes and duties (which must be paid by You).
- the use of, or reliance on, the Platform, including an Organiser’s profile or any information provided by an Organiser in relation to a proposed Gift;
- the availability or security of the Platform or any Content provided by Purposit or any third party system which integrates, in any way, with the Platform;
- quality, correctness, accuracy, completeness or suitability of the Platform, Data or Content; or
- any action or inaction by a User or Purposit’s third party payment provider(s),
9. Intellectual Property, privacy and confidentiality
- access, store and process the Content on Your Devices; and
- use and reproduce the Content for purposes consistent with this Agreement in any medium or format; and
- to use the Platform for the duration of the Term.
- unconditionally and irrevocably grant to Purposit, a perpetual worldwide, royalty-free, non-exclusive licence (including the right to sub-licence and transfer those rights to third parties) to use, reproduce, copy, store, modify, adapt, distribute, publish and create derivate works from, and otherwise exercise all Intellectual Property Rights in, any Data or Content You provide or has been included, uploaded or otherwise collected through, Your use of the Platform for any purpose and in any form, without compensation to You; and
- irrevocably consent, and undertake to Purposit that You have obtained the consent of any other person necessary, for Purposit and its successors and nominees, to do or omit to do anything which, but for Your consent, would constitute a breach of Your or any other person’s moral rights in any in any Data or Content you provide.
10. Term and termination
- Your rights to access and use the Platform shall cease;
- You acknowledge that all access, through the Platform, to the Data or Content shall be suspended; and
- You must immediately pay all Fees due or payable to Purposit under this Agreement.
- must be in writing; and
- take effect from the time they are received unless a later time is specified.
- current and future registered and unregistered rights in respect of copyright, designs, semiconductor or circuit layouts, trade marks, trade names, business names, trade secrets, know-how, confidential information, patents, inventions and discoveries;
- applications for grant of any of the above;
- other rights of a similar nature arising (or capable of arising) under statute or at common law in the Commonwealth of Australia or anywhere else in the world; and
- other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation 1967.