1.    Your relationship with WAMPIT

1.1. Your use of the WAMPIT web sites (referred to collectively as the “Sites” in this document and excluding any Sites provided to you by WAMPIT under a separate written agreement) is subject to the terms of a legal agreement between you and WAMPIT. “WAMPIT” means WAMPIT, Australian Business Number 41 131 306 155, whose principal place of business is at Suite 2, 8 Welshpool Road, East Victoria Park, Perth, Western Australia, 6101, Australia. This document explains how the agreement is made up, and sets out some of the terms of this agreement.

1.2. Unless otherwise agreed in writing with WAMPIT, your agreement with WAMPIT will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as “the Terms.”

1.3. Your agreement with WAMPIT will also include the terms of any Legal Notices applicable to the Sites, in addition to the Terms. All of these are referred to below as the “Additional Terms.” Where Additional Terms apply to a Site, these will be accessible for you to read either within, or through your use of, that Site.

1.4. The Terms form a legally binding agreement between you and WAMPIT in relation to your use of the Sites. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms.”

2.    Accepting the Terms

2.1. In order to use the Sites, you must first agree to the Terms. You may not use the Sites if you do not accept the Terms.

2.2 You can accept the Terms by:

2.2.1. Clicking to accept or agree to the Terms, where this option is made available to you by WAMPIT in the user interface for any Site; or
2.2.2. By actually using the Sites. In this case, you understand and agree that WAMPIT will treat your use of the Sites as acceptance of the Terms from that point onwards.

2.3 You may not use the Sites and may not accept the Terms if (a) you are not of legal age to form a binding contract with WAMPIT, or (b) you are a person barred from receiving the Sites under the laws of Australia or other countries including the country in which you are resident or from which you use the Sites.

2.4 Before you continue, you should print off or save a local copy of the Terms for your records.

3.    Use of the sites by you

3.1. In order to access certain Sites, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Sites, or as a part of your continued use of the Sites. You agree that any registration information you give to WAMPIT will always be accurate, correct and up to date.

3.2. You agree to use the Sites only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Australia or other relevant countries.)

3.3. You agree not to access (or attempt to access) any of the Sites by any means other than through the interface that is provided by WAMPIT, unless you have been specifically allowed to do so in a separate agreement with WAMPIT. You specifically agree not to access (or attempt to access) any of the Sites through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Sites.

3.4. You agree that you will not engage in any activity that interferes with or disrupts the Sites (or the servers and networks which are connected to the Sites).

3.5. Unless you have been specifically permitted to do so in a separate agreement with WAMPIT, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Sites for any purpose.

3.6. You agree that you are solely responsible for (and that WAMPIT has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which WAMPIT may suffer) of any such breach.

4. Your passwords and account security

4.1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Sites.

4.2. Accordingly, you agree that you will be solely responsible to WAMPIT for all activities that occur under your account.

5.    Content license from you

5.1. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Sites. By submitting, posting or displaying the content you give WAMPIT a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Sites. This license is for the sole purpose of enabling WAMPIT to display, distribute and promote the Sites and may be revoked for certain Sites as defined in the Additional Terms of those Sites.

5.2. You agree that this license includes a right for WAMPIT to make such Content available to other companies, organizations or individuals with whom WAMPIT has relationships for the provision of syndicated Sites, and to use such Content in connection with the provision of those Sites.

5.3. You understand that WAMPIT, in performing the required technical steps to provide the Sites to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, Sites or media. You agree that this license shall permit WAMPIT to take these actions.

5.4. You confirm and warrant to WAMPIT that you have all the rights, power and authority necessary to grant the above license.

6.    Ending your relationship with WAMPIT

6.1. The Terms will continue to apply until terminated by either you or WAMPIT as set out below.

6.2. If you want to terminate your legal agreement with WAMPIT, you may do so by (a) notifying WAMPIT at any time and (b) closing your accounts for all of the Sites which you use, where WAMPIT has made this option available to you. Your notice should be sent, in writing, to WAMPIT’s address which is set out at the beginning of these Terms.

6.3. WAMPIT may at any time, terminate its legal agreement with you if:

6.3.1. You have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
6.3.2. WAMPIT is required to do so by law (for example, where the provision of the Sites to you is, or becomes, unlawful); or
6.3.3. The partner with whom WAMPIT offered the Sites to you has terminated its relationship with WAMPIT or ceased to offer the Sites to you; or
6.3.4. WAMPIT is transitioning to no longer providing the Sites to users in the country in which you are resident or from which you use the service; or
6.3.5. The provision of the Sites to you by WAMPIT is, in WAMPIT’s opinion, no longer commercially viable.

6.4. Nothing in this Section shall affect WAMPIT’s rights regarding provision of Sites under the Terms.

6.5. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and WAMPIT have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation .

7. Exclusion of warranties

7.1. Nothing in these terms shall exclude or limit WAMPIT’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

7.2. You expressly understand and agree that your use of the sites is at your sole risk and that the sites are provided “as is” and “as available.”

7.3 In particular, WAMPIT, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

7.3.1. Your use of the sites will meet your requirements,
7.3.2. Your use of the sites will be uninterrupted, timely, secure or free from error,
7.3.3. Any information obtained by you as a result of your use of the sites will be accurate or reliable, and
7.3.4. That defects in the operation or functionality of any software provided to you as part of the sites will be corrected.

7.4 Any material downloaded or otherwise obtained through the use of the sites is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

7.5 No advice or information, whether oral or written, obtained by you from WAMPIT or through or from the sites shall create any warranty not expressly stated in the terms.

7.6 WAMPIT further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

8.    Limitation of liability

8.1. Subject to overall provision in paragraph 7.1 above, you expressly understand and agree that WAMPIT, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

8.1.1. any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or sites, or other intangible loss;

8.1.2. any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:

8.1.2.1. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the sites;
8.1.2.2. any changes which WAMPIT may make to the sites, or for any permanent or temporary cessation in the provision of the sites (or any features within the sites);
8.1.2.3. the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the sites;
8.1.2.4 your failure to provide WAMPIT with accurate account information;
8.1.2.5 your failure to keep your password or account details secure and confidential;

8.2. The limitations on WAMPIT’s liability to you shall apply whether or not WAMPIT has been advised of or should have been aware of the possibility of any such losses arising.

9.    Advertisements

9.1 Some of the Sites are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Sites, queries made through the Sites or other information.

9.2. The manner, mode and extent of advertising by WAMPIT on the Sites are subject to change without specific notice to you.

9.3. In consideration for WAMPIT granting you access to and use of the Sites, you agree that WAMPIT may place such advertising on the Sites.

10.    Other content

10.1. The Sites may include hyperlinks to other web sites or content or resources. WAMPIT may have no control over any web sites or resources which are provided by companies or persons other than WAMPIT.

10.2. You acknowledge and agree that WAMPIT is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

10.3. You acknowledge and agree that WAMPIT is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

11.    General legal terms

11.1. Sometimes when you use the Sites, you may (as a result of, or through your use of the Sites) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other Sites, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

11.2. The Terms constitute the whole legal agreement between you and WAMPIT and govern your use of the Sites (but excluding any Sites which WAMPIT may provide to you under a separate written agreement), and completely replace any prior agreements between you and WAMPIT in relation to the Sites.

11.3. You agree that WAMPIT may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Sites.

11.4. You agree that if WAMPIT does not exercise or enforce any legal right or remedy which is contained in the Terms (or which WAMPIT has the benefit of under any applicable law), this will not be taken to be a formal waiver of WAMPIT’s rights and that those rights or remedies will still be available to WAMPIT.

11.5. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

11.6. You acknowledge and agree that each member of the group of companies of which WAMPIT is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

11.7. The Terms, and your relationship with WAMPIT under the Terms, shall be governed by the laws of the State Western Australia, Australia without regard to its conflict of laws provisions. You and WAMPIT agree to submit to the exclusive jurisdiction of the courts located within the city of Perth, Western Australia, Australia to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that WAMPIT shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.