Terms of Use

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

1.1. Welcome to https://marketplace.inveganswetrust.com (the ‘Website’). The Website

facilitates interactions between:

making it easier for the Receiver and the Provider to locate, communicate,

arrange payment and deliver the services in a fast and secure manner (the

‘Services’).

(a) Members and Individuals (the ‘Receiver’); and

(b) Other Members and Individuals or Businesses (the ‘Provider’),

1.2. The Website is operated by IVWT PTY. LTD. (ACN 645957795). Access to

and use of the Website, or any of its associated products or Services, is

provided by IVWT. Please read these terms and conditions (the ‘Terms’)

carefully. By using, browsing and/or reading the Website, this signifies that you

have read, understood and agree to be bound by the Terms. If you do not

agree with the Terms, you must cease usage of the Website, or any of its

products or Services, immediately.

1.3. IVWT reserves the right to review and change any of the Terms by updating

this page at its sole discretion. When IVWT updates the Terms, it will use

reasonable endeavours to provide you with notice of updates of the Terms.

Any changes to the Terms take immediate effect from the date of their

publication. Before you continue, we recommend you keep a copy of the Terms

for your records.

2. Acceptance of the Terms

You accept the Terms by registering for the Services and/or making any payment as

required under the Terms for use of the Services. You may also accept the Terms by

clicking to accept or agree to the Terms where and if this option is made available to you

by IVWT in the user interface.

3. The Services

3.1. In order to access the Services, both the Receiver and the Provider are

required to register for an account through the Website (the ‘Account’).

3.2. As part of the registration process, or as part of your continued use of the

Services, you may be required to provide personal information about yourself

(such as identification or contact details), including:

(a) Email address

(b) Preferred username

(c) Mailing address

(d) Telephone number

(e) Password

(f) Business Name

3.3. You warrant that any information you give to IVWT in the course of completing

the registration process will always be accurate, correct and up to date.

3.4. Once you have completed the registration process, you will be a registered

member of the Website (‘Member’) and agree to be bound by the Terms.

3.5. You may not use the Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with IVWT; or

(b) you are a person barred from receiving the Services under the laws of

Australia or other countries including the country in which you are resident

or from which you use the Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

(a) you will not share your profile with any other person;

(b) you will use the Services only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or

guidelines in the relevant jurisdictions;

(c) you have sole responsibility for protecting the confidentiality of your

password and/or email address. Use of your password by any other

person may result in the immediate cancellation of the Services;

(d) any use of your registration information by any other person, or third

parties, is strictly prohibited. You agree to immediately notify IVWT of any

unauthorised use of your password or email address or any breach of

security of which you have become aware;

(e) you must not expressly or impliedly impersonate another Member or use

the profile or password of another Member at any time;

(f) any content that you broadcast, publish, upload, transmit, post or

distribute on the Website (‘Your Content’) will always be accurate,

correct and up to date and you will maintain reasonable records of Your

Content.

(g) you agree not to harass, impersonate, stalk, threaten another Member of

the Website (where interaction with other Members is made available to

you);

(h) access and use of the Website is limited, non-transferable and allows for

the sole use of the Website by you for the purposes of providing the

Services;

(i) you will not use the Services or the Website in connection with any

commercial endeavours except those that are specifically endorsed or

approved by the management of IVWT;

(j) you will not use the Services or Website for any illegal and/or unauthorised

use which includes collecting email addresses of Members by electronic or

other means for the purpose of sending unsolicited email or unauthorised

framing of or linking to the Website;

(k) you agree that commercial advertisements, affiliate links and other forms

of solicitation may be removed from Member profiles without notice and

may result in termination of the Services. Appropriate legal action will be

taken by IVWT for any illegal or unauthorised use of the Website; and

(l) you acknowledge and agree that any automated use of the Website or its

Services is prohibited.

5. Using the Website as the Receiver

5.1. Sign up for a free or paid account using your name and email.

6. Using the Website as the Provider

6.1. Sign up for a free or paid account using your name and email.

7. Payment

7.1. By IVWT offering the Services to you, you agree that:

(a) You will make the monthly or yearly payments, if you have chosen to have

a paid plan. You are free to cancel at any time.

7.2. All payments made in the course of your use of the Services are made using

Stripe. In using the Website, the Services or when making any payment in

relation to your use of the Services, you warrant that you have read, understood

and agree to be bound by the Stripe terms and conditions which are available on

their website.

8. Refund Policy

8.1. Since IVWT is only a facilitator in introducing the Receiver to the Provider and

providing a system to make safe payment, IVWT does not hold any liability to

the Receiver directly and will not personally refund them any payments made in

the use of Services.

8.2. Notwithstanding the above clause, if a Receiver is unsatisfied with the services

provided by the Provider or believes that they may be entitled to a refund, then

IVWT requires the Receiver to:

(a) contact the Provider directly to request a refund; and

(b) if contacting the Provider is not successful after fourteen (14) days,

contact IVWT through the ‘Contact Us’ section of the Website outlining why

you believe you are entitled to a refund so we are able to determine if the

Provider should be removed from the Services.

8.3. If contacted by a Receiver who is requesting a refund pursuant to the above

clause, the Provider agrees that it will immediately:

(a) complete the IVWT refund request form (the ‘Request Form’) provided on

the Website; and

(b) provide both the Request Form and the email from the Receiver

requesting the refund to IVWT.

8.4. If the Provider agrees to a refund it is acknowledged that the Provider will

instruct IVWT to refund all or part of the payments made to the Receiver

directly, less any fees and charges incurred by IVWT in processing the refund.

8.5. Both the Receiver and Provider agree that they will comply with the Refund

Policy contained in this Clause of these Terms.

9. Copyright and Intellectual Property

9.1. The Website, the Services and all of the related products of IVWT are subject

to copyright. The material on the Website is protected by copyright under the

laws of Australia and through international treaties. Unless otherwise indicated,

all rights (including copyright) in the Services and compilation of the Website

(including but not limited to text, graphics, logos, button icons, video images,

audio clips, Website, code, scripts, design elements and interactive features) or

the Services are owned or controlled for these purposes, and are reserved by

IVWT or its contributors.

9.2. All trademarks, service marks and trade names are owned, registered and/or

licensed by IVWT, who grants to you a worldwide, non-exclusive, royalty-free,

revocable license whilst you are a Member to:

IVWT does not grant you any other rights whatsoever in relation to the Website

or the Services. All other rights are expressly reserved by IVWT.

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in

your device’s cache memory; and

(c) print pages from the Website for your own personal and non-commercial

use.

9.3. IVWT retains all rights, title and interest in and to the Website and all related

Services. Nothing you do on or in relation to the Website will transfer any:

to you.

(a) business name, trading name, domain name, trade mark, industrial

design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name,

trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design

or copyright (or an adaptation or modification of such a thing, system or

process),

9.4. You may not, without the prior written permission of IVWT and the permission

of any other relevant rights owners: broadcast, republish, up-load to a third

party, transmit, post, distribute, show or play in public, adapt or change in any

way the Services or third party Services for any purpose, unless otherwise

provided by these Terms. This prohibition does not extend to materials on the

Website, which are freely available for re-use or are in the public domain.

9.5. Where you broadcast, publish, upload, transmit, post or distribute Your Content

on the Website, then you grant to IVWT a non-exclusive, transferrable,

perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish,

up-load to a third party, transmit, post, distribute, show or play in public, adapt

or change Your Content.

10. Privacy

IVWT takes your privacy seriously and any information provided through your use of the

Website and/or Services are subject to IVWT’s Privacy Policy, which is available on the

Website.

11. General Disclaimer

11.1. Nothing in the Terms limits or excludes any guarantees, warranties,

representations or conditions implied or imposed by law, including the

Australian Consumer Law (or any liability under them) which by law may not be

limited or excluded.

11.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are

not expressly stated in the Terms are excluded; and

(b) IVWT will not be liable for any special, indirect or consequential loss or

damage (unless such loss or damage is reasonably foreseeable resulting

from our failure to meet an applicable Consumer Guarantee), loss of profit

or opportunity, or damage to goodwill arising out of or in connection with

the Services or these Terms (including as a result of not being able to use

the Services or the late supply of the Services), whether at common law,

under contract, tort (including negligence), in equity, pursuant to statute or

otherwise.

11.3. Use of the Website and the Services is at your own risk. Everything on the

Website and the Services is provided to you “as is” and “as available” without

warranty or condition of any kind. None of the affiliates, directors, officers,

employees, agents, contributors and licensors of IVWT make any express or

implied representation or warranty about the Services or any products or

Services (including the products or Services of IVWT) referred to on the

Website. This includes (but is not restricted to) loss or damage you might suffer

as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect,

failure to correct defects, delay in operation or transmission, computer

virus or other harmful component, loss of data, communication line failure,

unlawful third party conduct, or theft, destruction, alteration or

unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the

Services, or any of its Services related products (including third party

material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Services or any of

the products of IVWT; and

(d) the Services or operation in respect to links which are provided for your

convenience.

11.4. You acknowledge that IVWT Website and the Services are only intended to

facilitate the interactions between the Receiver and the Provider and does not

offer any services other than the Services and IVWT holds no liability to you as

a result of any conduct of the Members or the misuse of Your Content by any

party (including other Members).

12. Limitation of Liability

12.1. IVWT’s total liability arising out of or in connection with the Services or these

Terms, however arising, including under contract, tort (including negligence), in

equity, under statute or otherwise, will not exceed the resupply of the Services

to you.

12.2. You expressly understand and agree that IVWT, its affiliates, employees,

agents, contributors and licensors shall not be liable to you for 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 is not limited to, any loss of profit (whether incurred directly or

indirectly), any loss of goodwill or business reputation and any other intangible

loss.

12.3. You acknowledge and agree that IVWT holds no liability for any direct, indirect,

incidental, special consequential or exemplary damages which may be incurred

by you as a result of providing Your Content to the Website.

13. Termination of Contract

13.1. If you want to terminate the Terms, you may do so by providing IVWT with 2

days’ notice of your intention to terminate by sending notice of your intention to

terminate to IVWT via the ‘Contact Us’ link on our homepage.

13.2. IVWT may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any

provision;

(b) IVWT is required to do so by law;

(c) IVWT is transitioning to no longer providing the Services to Members in

the country in which you are resident or from which you use the service; or

(d) the provision of the Services to you by IVWT is, in the opinion of IVWT, no

longer commercially viable.

13.3. Subject to local applicable laws, IVWT reserves the right to discontinue or

cancel your membership at any time and may suspend or deny, in its sole

discretion, your access to all or any portion of the Website or the Services

without notice if you breach any provision of the Terms or any applicable law or

if your conduct impacts IVWT’s name or reputation or violates the rights of

those of another party.

13.4. When the Terms come to an end, all of the legal rights, obligations and

liabilities that you and IVWT 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, and

the provisions of this clause shall continue to apply to such rights, obligations

and liabilities indefinitely.

14. Indemnity

14.1. You agree to indemnify IVWT, its affiliates, employees, agents, contributors,

third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and

damage (including legal fees on a full indemnity basis) incurred, suffered

or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting

on the Website or attempts to do so; and/or

(c) any breach of the Terms.

15. Dispute Resolution

15.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any

Tribunal or Court proceedings in relation to the dispute, unless the following clauses

have been complied with (except where urgent interlocutory relief is sought).

15.2. Notice:

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must

give written notice to the other party detailing the nature of the dispute, the desired

outcome and the action required to settle the Dispute.

15.3. Resolution:

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms

(‘Parties’) must:

15.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in

connection with this dispute resolution clause are confidential and to the extent possible,

(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute

expeditiously by negotiation or such other means upon which they may mutually

agree;

(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has

not been resolved, the Parties must either agree upon selection of a mediator or

request that an appropriate mediator be appointed by the President of the

Australian Mediation Association or his or her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator

and the cost of the venue of the mediation and without limiting the foregoing

undertake to pay any amounts requested by the mediator as a pre-condition to the

mediation commencing. The Parties must each pay their own costs associated with

the mediation; must be treated as “without prejudice” negotiations for the purpose of applicable laws of

evidence.

(d) The mediation will be held in Brisbane, Australia.

15.5. Termination of Mediation:

If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has

not been resolved, either Party may ask the mediator to terminate the mediation and the

mediator must do so.

16. Venue and Jurisdiction

The Services offered by IVWT is intended to be viewed by residents of Australia. In the

event of any dispute arising out of or in relation to the Website, you agree that the

exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

17. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy,

proceeding or claim of whatever nature arising out of or in any way relating to the Terms

and the rights created hereby shall be governed, interpreted and construed by, under

and pursuant to the laws of Queensland, Australia, without reference to conflict of law

principles, notwithstanding mandatory rules. The validity of this governing law clause is

not contested. The Terms shall be binding to the benefit of the parties hereto and their

successors and assigns.

18. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and

reasonable and both parties having taken the opportunity to obtain independent legal

advice and declare the Terms are not against public policy on the grounds of inequality

or bargaining power or general grounds of restraint of trade.

19. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent

jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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