Rippleitt Terms & Conditions of Use

Rippleitt’s mission statement is to provide the best possible service to its users and maintain the integrity of its marketplace for the benefit of all users. It has therefore developed this code of conduct to regulate how its services may be used. This is a contract between you as a user and Rippleitt. A breach of the code of conduct can result in a warning or immediate termination, subject to these Terms.

1 General

1.1 These Terms and Conditions of Use (the Terms) govern your use of the Website and a Mobile Phone Application Platform located at www.Rippleitt.com.au(the App) and form a binding contractual agreement between you, the user of the App and us, Rippleitt Pty Ltd ABN 39 625 654 935, the owner and operator of the App (Rippleitt).

1.2 These Terms are important and you should ensure that you read them carefully. If you have any questions regarding this App, please contact us at. By completing the user registration process on the App or using the App you acknowledge and agree that you understand these Terms and you agree to be bound by them. If you do not agree to the Terms, do not use the App.

1.3 Rippleitt is a peer to peer marketplace where users can list new or used products/items for sale, market services and reward members who use the App. You acknowledge and agree that Rippleitt is in no way directly involved in any transaction between users and its role is limited to providing a platform that allows users to refer goods and services to other users of the App. Rippleitt in no way guarantees the description, photographs, performance or delivery of goods or services provided by any user nor does it provide any guarantee as to the authenticity of bona fides of any user in any respect or manner whatsoever. Rippleitt cannot and does not confirm the purported identity of each user.

1.4 Information on the App is general information only. As a user of the App, you should make your own inquiries and obtain independent advice based on your specific circumstances prior to making any decisions. Rippleitt and its directors, agents or employees do not accept and are by these Terms released by you of any liability to you arising (whether directly or indirectly) out of the information provided on the App or anyone else through the App or any errors in, or omissions from information on the App.

1.5 You agree to accept the sole responsibility for the legality of your actions used the laws which apply to you. You agree that Rippleitt have no responsibility for the legality of the actions of users of the App or Rippleitt services.

1.6 You and Rippleitt are independent contractors and no agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or intended by this Terms and Conditions agreement or your use of the App or Rippleitt services.

1.7 As a user of the App you must provide Rippleitt with complete, up to date and accurate information as requested and it is your responsibility to inform Rippleitt of any changes to that information as soon as reasonably practicable.

1.8 Users must be over the age of 18 and must be a natural person whom represent a business entity.

1.9 Rippleitt may, at its absolute discretion, refuse to allow any person to register or create an account with Rippleitt or cancel or suspend any existing account without notice or without giving any explanation.

1.10 Any commercial use of the App by you requires the prior written approval of Rippleitt.

1.11 Rippleitt reserves the right to change these Terms, the App or content contained within the App at any time with or without any notice to you nor giving any explanation for such change.

1.12 All personal information you provide to Rippleitt as a user will be treated in accordance with Rippleitt’s Privacy Policy .

1.13 Rippleitt reserves the right to record phone calls between you and Rippleitt employees or Rippleitt agents for training purposes.

2 Users

2.1 You acknowledge that the App is a platform that allows users to list new and used goods and services for sale, and for users to refer listed goods and services to other users of the App.

2.2 As a condition of your use of the App or any service provided by Rippleitt, you warrant to Rippleitt that you will not use the App of any Rippleitt service for any purpose that is prohibited by the Terms or that is illegal or unlawful. You agree to abide by all applicable laws and regulations.

2.3 You agree not to post illegitimate reviews on the App as this is against the law.

2.4 As a condition of your use of this App, you agree to not engage in conduct which is determined as unacceptable by Rippleitt (Unacceptable Conduct). Unacceptable Conduct is determined by Rippleitt, at its absolute discretion, and includes, but is not limited to, the following conduct:

2.4.1 use the App to offend, bully, intimidate or be discourteous to Rippleitt or others;

2.4.2 impersonate any other individual or business;

2.4.3 publish, or in any way distribute or disseminate any information which is unlawful, obscene, defamatory, offensive or inappropriate;

2.4.4 engage in, encourage participation, advertise or promote any contests, pyramid schemes, surveys, chain letters, spamming or unsolicited emailing through the App;

2.4.5 use automated scripting tools or software;

2.4.6 make available any material you do not have a right to make available including any law or which contains viruses, or other computer codes, files or programs designed to interfere with the functioning of other software or hardware; or breach any laws or regulations applicable to your use of the App;

2.4.7 use the App to supply another service, or to obtain information which you either incorporate into your service or goods to enhance your service or goods or your business in any way such as creating potential customer lists.

2.5 Users that accept any offer to purchase a good or service listed on the App will enter into a contract with the user who has listed the good or service for sale. Users who purchase a good or service on the App must solely determine whether that contract is suitable for their needs by making their own reasonable enquiries as to the credibility and suitability of the user that is offering the good or services for sale. Rippleitt accepts no liability for the quality of any good offered for sale on the App or the performance of any service that is listed on the App provided or any other liability whatsoever in the provision and payment of goods and services between users of the App. Rippleitt has no contract or agreement with you as a user and only acts as agent for users to facilitate relationships with other users of the App.

2.6 Any disputes between users of the App must be resolved between those parties. Rippleitt is not a party to any contract or agreement between any users of the App and cannot and will not resolve any disputes between users. Rippleitt in no way whatsoever provides any endorsement or recommendation of any user listed on the App and is not liable in any manner whatsoever for any claim, disagreement or dispute arising between any users of the App.

2.7 By operating the App Rippleitt does not assume a duty of care to users. Rippleitt does not provide any professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the App and/or linked to any user of the App.

2.8 You represent and warrant to Rippleitt in relation to any good or service or any material or information you provide on the App that:

2.8.1 you are authorised to provide the good or service that you represent;

2.8.2 the good or service or any material or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;

2.8.3 the good or service or any material or information is not the “passing off” of any product or service and does not constitute unfair competition;

2.8.4 the good or service or any material or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright; and

2.8.5 the good or service or any material or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Victoria including, but not limited to, the Australian Consumer Law, the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1999 (Vic) and equivalent state and territory legislation and any other parliament competent to legislate in relation to the App or any law in any country where the material and/or information is or will be available electronically to users of the App.

2.9 By uploading any material which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (intellectual property) on to the App, you are granting Rippleitt a perpetual, non-exclusive and payment-free licence throughout the world to reproduce, use and exploit the intellectual property, as part of the App, to the full extent permitted by intellectual property law in any jurisdiction in which the App is available to users.

2.10 To the full extent permitted by law Rippleitt disclaims any and all warranties, express or implied, regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the App and/or of any linked business and merchantability or fitness for any particular purpose for any good, service or product contained or referred to on the App and/or on any linked user.

2.11 Rippleitt does not conduct any of its own searches and does not provide any assurances or warranties concerning the legality or validity of any information provided by any user of the App.

2.12 Rippleitt and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising goods and services on this App; and as a consequence of removing any material and/or information from this App.

2.13 You will at all times indemnify and keep indemnified Rippleitt and its respective officers, employees and agents (referred to as those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms by you; and publication of or distribution of the material and/or information supplied by you.

2.14 Rippleitt is not and will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law which are the consequence of any user acting, or failing to act, on any information contained on or referred to on the App and/or any of the users linked on the App or the use or acquisition, or your inability to use or acquire, any service or product contained or referred to on the App and/or any linked user.

2.15 Excluding liability for negligence the maximum liability of Rippleitt is equivalent to the total of any amounts you have paid to Rippleitt in respect of goods or services supplied to you by Rippleitt or $1,000, whichever is less.

2.16 Rippleitt and its authorized representatives may gather and process any information which you provide when accessing the App which may include personal information. Please see our Privacy Policy for further details on how we manage your personal information.

2.17 Rippleitt may use any information provided by you on the App to engage in direct marketing to you in any medium.

2.18 Rippleitt may share your contact details and information about your usage with a business you have been introduced to on the App.

2.19 In relation to any material and/or information included on the App, Rippleitt may remove any material and/or information, including but not limited to links to you, at any time without giving any explanation or justification for removing the material and/or information.

2.20 Rippleitt may terminate access to the App at any time without giving any explanation or justification for the termination of access, and Rippleitt has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the App.

2.21 Rippleitt reserves the right to change these Terms with or without further notice to you and without giving you any explanation or justification for such change.

3 Fees

3.1 Users of the App to list goods or services for sale will pay a reward fee that will be payable to other users that recommend or refer such goods and services and where such recommendation or referral results in a sale (Referral Fee). The Reward Fee is determined by the user that lists the good or services for sale on the App. Ripplitt will also take a portion of the Referral Fee as an App administration fee.

3.2 Payment of the Referral Fee is made to Rippleitt by credit card, EFT, PayPal or other method specified by Rippleitt. The Referral Fee will be held by Rippleitt in escrow until the relevant good or service is sold through the App.

3.3 Users who sign up to the App will be allocated a digital wallet by Rippleitt. Any Referral Fee payable to a user will be placed in their digital wallet and may be withdrawn at any time by the user. A minimum withdrawal is AUD$10.00. The Referral Fee will be paid to the user’s bank account by Rippleitt by EFT.

3.4 You acknowledge and agree that as a term and condition of using the App, any fees incurred or paid by you are non-refundable. Any refund of any fees or credit for fees provided to you are at the absolute discretion of Rippleitt.

4 Promotions & Competitions

4.1 Rippleitt may run promotions or competitions involving the awarding of prizes or other gifts, Rippleitt may modify these Terms and implement additional terms and conditions, which will be communicated to you by posting them on the App at the time of such promotions and competitions.

5 App Generally

5.1 Rippleitt may display advertisements, which may or may not contain hyperlinks or buttons which take you to Apps operated by third parties. Rippleitt does not endorse or recommend its advertisers, their products or services, or the information, products or services of any App linked to the App.

5.2 Rippleitt allows users of the App to recommend, rate and comment on the sale or goods and services listed on the App. Rippleitt reserves the right to publish or not to publish those recommendations, ratings and comments on the App at its absolute discretion. Rippleitt reserves the right to delete or modify recommendations, ratings and comments submitted on the App at any time for any reason.

5.3 Rippleitt reserves the right to aggregate user recommendations, ratings, comments and feedback into a percentage score and publish that score on the App.

5.4 In Australia and other countries, recommendations, ratings comments and feedback may be considered defamatory of the reputation and standing of individuals and businesses. You acknowledge and agree that Rippleitt accepts no responsibility for liability, damage, injury or loss that may arise from feedback submitted to or published on the App, and you, by these Terms, release forever and indemnify Rippleitt from any liability it may incur arising out of (whether directly or indirectly) any feedback you post on the App. You further agree that, if you or anyone else commences or threatens any action or proceeding against Rippleitt or makes any claim or demand against Rippleitt as a result of any recommendations, ratings comments or feedback submitted to the App, Rippleitt may, in its absolute discretion, without any notice to you immediately cancel or suspend your membership of the App.

5.5 If you contact a third party through the App, including via email, Rippleitt accepts no responsibility for any actions taken by that third party in connection with you as the user.

5.6 Rippleitt may from time to time and at any time change or discontinue any feature of the App including content, hours or availability and equipment required for access.

5.7 Rippleitt does not warrant, guarantee or make any representation that:

5.7.1 the App, or the server that makes the App available are free of software viruses;

5.7.2 the functions contained in any software contained on the App will operate uninterrupted or are error-free; and

5.7.3 errors and defects in the App will be corrected.

5.8 Rippleitt is not liable to you for:

5.8.1 errors or omissions in the App, or linked users;

5.8.2 delays to, interruptions of or cessation of the services provided in the App, or linked users; and

5.8.3 defamatory, offensive or illegal conduct of any user of the App, whether caused through negligence of Rippleitt, its employees or independent contractors, or through any other cause.

5.9 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the App.

6 Termination of User Account

6.1 In accordance with these Terms Rippleitt may terminate your use or, or access to, the App at any time. If this happens Rippleitt may notify you by email.

6.2 If your use of the App is terminated:

6.2.1 you are no longer authorised to access the App or use any other Rippleitt services with the email address you used to register with the App or any other email address you possess;

6.2.2 you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and

6.3 all licences granted by you and all disclaimers by Rippleitt and limitations of Rippleitt’s liability set out in the Terms or elsewhere on the App will survive such termination.

7 Customer Support & Complaints Policy

7.1 Rippleitt will attempt to resolve any customer complaints and answer any questions within 2 business days of the first contact made by a customer by email to xxxx@Rippleitt.com.au

7.2 All other complaints are reviewed by Rippleitt customer support representatives and may be escalated to a manager for resolution if required.

7.3 Rippleitt reserves the right not to respond to customer support questions or complaints that offend Rippleitt employees or agents.

7.4 Rippleitt reserves the right not to respond to questions or complaints made by individuals who, in the opinion of Rippleitt, are not current users of the App, or have been suspended from using the App.

8 Governing Terms

8.1 If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

8.2 This Agreement will be governed by and interpreted in accordance with the law of New South Wales, Australia, without giving effect to any principles of conflicts of laws.

8.3 You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of this Agreement.

9 Contacting Us

9.1 Rippleitt’s Head Office is located at 10/21 Hezlett Rd Kellyville NSW 2155. If you require further information regarding these Terms, please email admin@rippleitt.com.au