Hello and welcome to Scoopi Pty Ltd’s Terms and Conditions (“Terms”). This information is important and can affect your legal rights, so please read the Terms carefully. This website (the “Site”) with the URL address (www.scoopi.com.au) is owned and operated by Scoopi Pty Ltd (ACN 629 048 764).
The term “Scoopi Pty Ltd” (“Scoopi”, “Store”, “we”, “us”, “our”) refers to Scoopi Pty Ltd, the owner and operator of the Service, whose registered office is 320 Sussex Street, NSW, 2000.
The term “you” (“your”) refers to the Service user. These Terms apply to all users of the Service, including but not limited to users who are browsers, vendors, customers, merchants, and/or contributors of content.
These Terms govern your use of the Service and includes any information, text, graphics, photographs or other content uploaded, downloaded or appearing on the Service (collectively referred to as the “Material”).
By accessing or using the Service, you acknowledge that you have read and understood the Terms and accept and agree to be bound by the Terms.
Your access to and use of the Service are conditioned upon your acceptance of and compliance with these Terms. If you do not agree (or cannot comply) with any of these Terms, then please do not access or use our Service.
Section 1 – Your use of the Service
1.1 Please note that your use of the Service is limited to non-commercial personal use and must be in compliance with the Terms and any applicable law.
1.2 By agreeing to these Terms, you represent that you:
(i) are a legal resident of Australia;
(ii) have not been suspended or removed from the Service, or engaged in any activity that could result in suspension or removal from the Service,
(iii) have full right, power and authority to enter into these Terms without violating any other agreement to which you are a party.
1.3 Breaching or violating any of the Terms may or will result in an immediate termination of your access to the Service.
Section 2 – User Account Information
2.2 You are solely responsible for keeping your Account information and the password that you use to access the Service confidential and secure. You acknowledge that you are responsible for any activities that occur under your Account (including Orders placed using your Account). We strongly encourage you to use “strong” and “unique” passwords (passwords that combine upper and lower case letters, numbers and symbols) with your Account.
2.3 If your Account information or password is lost or stolen, or if you suspect or become aware of unauthorised access to your Account by third parties, it is your responsibility to notify us immediately and change your Account login details as soon as practicable. Scoopi Pty Ltd cannot and will not be liable for any loss or damage arising from your failure to keep your Account login information secure. We may refer fraudulent, abusive or unlawful activity to the relevant authorities.
2.4 You are responsible for your own communications, including the transmission, uploading or posting of information to the Service and are responsible for the consequences of such communications. Any other use of the Service requires our prior written consent.
2.5 You must not link to our Service in part or in whole if it causes damage or takes advantage of our reputation in a way that is unlawful or unfair.
2.6 Our Site and App are subject to copyright, trademarks and other intellectual property rights owned by or licensed to us.
2.7 You may not otherwise copy, modify, or distribute the contents of this Site or the App except as permitted by legislation or with our prior written consent.
2.8 You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site or the App, in whole or in part.
Section 3 – Restrictions on use of the Service
3.1 Customers must not use the Service for any of the following purposes:
- Post, communicate, or transmit any material that infringes on any intellectual property, privacy or publication rights of another individual or entity;
- Harass, intimidate, threaten, engage in predatory and/or stalking conduct;
- Post any information which is untrue, inaccurate or not your own;
- Use or attempt to use another user’s account without authorisation from such user and us.
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
- Engage in conduct that would constitute a criminal offence or give rise to civil liability or otherwise violate any applicable law or regulation;
- Attempt to interfere in any way with the Service or Scoopi network security or attempt to use the Service to gain unauthorised access to any other computing system;
- Use the Service to drop ship merchandise to third parties;
- Bulk purchases for resale for commercial use;
- Have more than one account per household.
3.2 While accessing or using the Service, you must not do the following:
- Use spiders, robots, data mining techniques, screen scraping or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Service;
- Use any such automated means to manipulate the Site or App, such as automating what are otherwise manual or one-off procedures;
- Access, tamper with, or use non-public areas of the Service, Scoopi’s computer systems, or the technical delivery systems of Scoopi’s providers;
- Probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- Access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Scoopi unless you have been specifically allowed to do so in a separate agreement with Scoopi;
- Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of material in such a manner as to interfere with or create an undue burden on the Service;
- You may not frame portions of the Site or App within another website;
- You may not resell use of, or access to, the Site or App to any third party without our prior written consent.
3.3 We reserve the right at all times to do the following:
- Remove or refuse to distribute any Products on the Service;
- Suspend or terminate users;
- Refuse to process an order due to suspected fraud or unauthorised or illegal activity;
- Reject your order or contact you at the phone number or email address provided to confirm your order if we suspect fraudulent, unauthorised or illegal activity;
- Cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity.
3.4 We also reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to:
- satisfy an applicable law, regulation, legal process or governmental request,
- enforce the Terms, including investigation of potential violations hereof,
- detect, prevent, or otherwise address fraud, security or technical issues,
- respond to user and/or customer support requests, or
- protect the rights, property or safety of Scoopi and our customers from fraud and/or other unauthorised or illegal activity.
Section 4 – Orders and Delivery
When placing an Order, you are required to follow the instructions on our Site or App on how to place and make any changes to your Order before you submit it. Once you have finished selecting the Product(s) that you wish to order, you will then be shown the price you must pay including (GST and any other charges). All charges are in Australian Dollars.
You are required to pay for the Order in full at the time of purchase through the designated payment method we provide on the Site and App. You must make sure that you are fully entitled to use the payment method and Account used for placing the Order. The payment method or Account must have sufficient funds to cover the purchase.
When you have placed an Order, you will receive a Confirmation Email from us. This email is intended to be an acknowledgement and does not constitute our acceptance of your Order. A legal agreement between us for the purchase of Products does not form until you have received a Shipping Confirmation Email from us. Until then, we have not accepted the Order and are not obliged to supply the Product to you.
We have the sole discretion to refuse to accept an Order from you for the following reasons, including but not limited to:
- Stock unavailability;
- We suspect that you might bulk purchase for commercial resale
Until you receive the Shipping Confirmation Email from us, we reserve the right to refuse to process your Order and you have the right to cancel your Order. We will notify you if we are unable to fulfil your Order. If we have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you.
We endeavour to deliver your Order to you at the delivery address as requested by you within the time indicated by us at the time of your Order, but cannot guarantee any firm delivery dates.
All Products and boxes are checked for quality prior to delivery. While we endeavour to ensure that the Products and box is delivered to you in good condition, please note that they may be damaged during the delivery process and we cannot be held liable for this.
To the extent permitted by legislation, we will not be held liable for any losses, liabilities, costs, charges, expenses, damages arising out of late delivery. Please note that all risk in the Product shall pass to you upon delivery. In the event that delivery is delayed, risk is deemed to pass at the date when delivery would have occurred. Upon the time when risk passes to you, we shall not be held liable for loss or destruction of the Product.
Section 5 – Refunds, Exchanges, Returns
You must review your Order carefully before placing it as we do not provide change-of-mind refunds. Once an Order is confirmed and the price paid, we’ll provide a refund if we cancel or are unable to fulfil your Order. In the event where a Product is sold out or otherwise unavailable, we will provide a full refund of the whole price paid for the Product. If we are unable to fulfil part of your Order, we will provide you with a refund of the part of the Order, which is unfulfilled.
We provide refunds if the product you bought is:
- Not of acceptable quality;
- Does not match the description.
Bought the wrong product and wish to exchange it for a different one? We accept exchanges within 14 days from the date of purchase. Please note that this is subject to all other terms and conditions on our site.
Products must be unused in their original packaging and sealed to be eligible for exchange.
Before returning products to us, please note the following:
We are unable to reimburse postage costs incurred for returned/exchanged products unless it has a defect, is otherwise faulty, or we have shipped the incorrect product to you.
If you intend to reject or return a product, please notify us online. Please do not throw the product away without receiving confirmation from a Scoopi representative. In the event of a faulty product, we reserve the right to request for evidence of the faulty to be provided
We reserve the right to refuse an exchange or refund if the product(s) in question do not meet the above guidelines.
Returns can be done in one of two ways:
- Return the product in person at our warehouse.
- Return the product by sending it to our warehouse.
Please note that returns must be made within 14 days from the date of your purchase.
For more information on refunds, exchanges, returns, please check out our policy here.
Section 6 – Future Changes
The Service that Scoopi Pty Ltd provides is always evolving and the form and nature of the Service that Scoopi Pty Ltd provides is subject to change from time to time without prior notice to you. The tools and features of this Service is for your general information and use only. Any new tools or features which are added to the current Service shall also be subject to the Terms. In addition, Scoopi Pty Ltd may stop (permanently or temporarily) providing the Service (or any tools and features within the Service) to you or to users generally and may not be able to provide you with prior notice. We also reserve the right to create limits on use at our sole discretion at any time without prior notice to you.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Service. You are encouraged to review these Terms each time you use our Service. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
Section 7 - Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
All descriptions, images, references, features, content, specifications, Products, and prices of Products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these Products or Services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
Section 8 - Modifications to the Service and Prices
Every effort is made to ensure that our Service continues to run smoothly and to keep our Service operational. However, certain technical difficulties may arise or maintenance may occasionally, result in temporary interruptions to your use of the Service. To the extent permissible under applicable law, we take no responsibility for and will not be held liable for the Service being temporarily unavailable due to technical issues beyond our control.
We reserve the right to periodically and at any given time modify or discontinue the Service (or any part or content thereof) with or without notice for any interruption, modification or discontinuation of the Service or any tool or feature thereof. You hereby acknowledge, agree and accept that we have no obligation to maintain, support, upgrade or update the Service or to provide all or any specific Products through the Service. This section shall be enforced to the extent permissible by applicable law. We and/or the owners of any Products may, from time to time, remove any such products without notice to the extent permitted by applicable law.
Prices for Services and any Products made available through the Services are subject to change without notice.
Scoopi Pty Ltd reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
Certain products or services may be available exclusively online through the Service. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
Information about Products acquired through our Service is based upon material provided by third parties (including but not limited to merchants, suppliers and product manufacturers). Except to the extent required by legislation (including the Australian Consumer Law), we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations or that any errors in the Service will be corrected.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 9 - Accuracy of Billing and Account Information
When you purchase any product or service made available through the Site and or the store (each such purchase, a "Transaction"), you agree to provide current, complete and accurate purchase and account information for all purchases made via our Service on our Site and App. You agree to promptly update your account and other information, including your email address and credit card account information, expiration dates and shipping address, so that we can complete your Transactions and contact you as needed.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilised in connection with any Transaction. By submitting such information, you grant to Scoopi Pty Ltd the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
You agree that by placing an order on the Site or the App and agreeing to these Terms, you are entering into a binding contract with Scoopi and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Section 10 - Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, review guidelines, Returns Policy, and refer a friend programs (including the “Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
Section 11 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Section 12 - Third-Party Links
Scoopi Pty Ltd has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Service. In addition, Scoopi Pty Ltd will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Service, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Scoopi Pty Ltd shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Scoopi Pty Ltd is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Scoopi Pty Ltd, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Section 13 - User Submissions, Feedback, and other Content
If you make any content, reviews, feedback available whether online, on social media, by email, by postal mail, or otherwise, you automatically grant Scoopi the right at any time, without restriction, edit, copy, publish, distribute, translate and otherwise to:
- Use, copy, display, publish and distribute the content on our Site and Social Media channels, or provide such content, reviews, feedback to any third party including the manufacturer of the products, and
- modify, prepare derivative works of or sublicense the content;
- Publish such content on our social media channels, blog and e-newsletters to promote Scoopi, brands and/or the manufacturers.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms.
You agree that any content, reviews, feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that any content, reviews, feedback will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You are responsible for any content, reviews, feedback you contribute, in any manner, to the Service, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You are responsible for all your activity in connection with the Service.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any any content, reviews, feedback. You are solely responsible for any any content, reviews, feedback you make and their accuracy. We take no responsibility and assume no liability for any content, reviews, feedback posted by you or any third-party.
Please note that any content, reviews, feedback you provide regarding Scoopi or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Section 14 – Copyright, Trademarks & Intellectual Property Rights Infringement
This Service contains copyrighted material and trademarks which are owned by or licensed to us. This includes, but is not limited to, the content, design, layout, appearance, look and graphics of the Service. Scoopi reserves all intellectual property rights for copyrighted material and trademarks including but not limited to our logos, website layout, marketing materials, business name, trademarks and all other distinctive features.
Please note that you must not do the following without our prior written consent:
- use, copy, distribute, license, sell, publish, adapt or in any way create derivative works from any of the materials contained on the website; and/or
- modify or copy the layout or appearance of the website nor any computer software or code contained on the website.
- “Scoopi,” the Scoopi logo and any other Scoopi Product or service names, logos or slogans that may appear on our Site or Products are trademarks of Scoopi and may not be copied, imitated or used, in whole or in part, without our prior written permission.
- The look and feel of our Site, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Scoopi Pty Ltd and may not be copied, imitated or used, in whole or in part, without our prior written permission.
You acknowledge that these Terms do not give you the right to use any third party trademarks and copyright materials. All third party trademarks and copyrighted materials are used with permission and remain the intellectual property of the third party.
Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
Scoopi respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
In accordance with the Australian Copyright Act 1968 as amended, we reserve the right to:
- block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, customers or users and
- remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements.
If you believe that material or content available on or accessible through our Service infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the Scoopi Pty Ltd with the following details:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Scoopi is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider's access to the Services if he or she is a repeat offender.
Procedure to Supply a Counter-Notice
If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information:
- A physical or electronic signature of the content provider;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the Australia, for any judicial district in which Scoopi is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, Scoopi may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Scoopi may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Scoopi’s discretion.
Section 15 – Privacy and Use of Personal Information
The About Child Family Committee Australia requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com
Section 16 – Accuracy of Information
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 17 – Taxes
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the Internet are taxable.
Section 18 – Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; or (l) in a manner inconsistent with, or in violation of, these Terms. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 19 – Disclaimer of Warranties; Limitation of Liability
Scoopi attempts to display information on this site and in connection with the Services as accurately as possible. However, Scoopi does guarantee not to make any representations or warranties concerning any content contained in or accessed on the Site and the App or through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Scoopi or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCEPT IN CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF SCOOPI PTY LTD, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SCOOPI PTY LTD BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR PRODUCTS, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM SCOOPI, OR FROM EVENTS BEYOND THE SCOOPI’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SCOOPI PTY LTD’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SCOOPI PTY LTD ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR PRODUCTS EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS OR EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO SCOOPI PTY LTD IN CONNECTION WITH THE SERVICES IN THE PRECEDING TWELVE (12) MONTH PERIOD. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THRIVE MARKEY’S SOLE LIABILITY AND OBLIGATION, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE LIMITATIONS SET FORTH IN THIS SECTION 21 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Section 20 – Indemnification
You agree to indemnify and hold Scoopi, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, suits, demands, actions, liabilities, damages (actual and consequential), losses and expenses (including legal costs and expenses on a full indemnity basis) arising from your use of the Service or in any way related to any third party claims relating to (a) your illegal use of the Service (including any actions taken by a third party using your account), (b) your violation of these Terms of Service, (c) your posting of any defamatory or infringing content on the Site or App, and (d) your violation of any third party rights in connection with your use of the Service, the Site and the App. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
In no event, will we be held liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of our Service.
Section 21 – Assignment
Section 22 – Termination
The Terms will continue to apply until terminated by either you or Scoopi as follows:
You may end your legal agreement with Scoopi at any time for any reason by sending an email to firstname.lastname@example.org with the header deactivate account and discontinuing your use of the Service.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Account termination may result in destruction of any content associated with your account, so keep that in mind before you decide to terminate your use of the Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
We may suspend or terminate your account or cease providing you with all or part of the Service at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; (iii) our provision of the Service to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Service.
Nothing in this section shall affect Scoopi’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in the sections above.
Section 23 – Dispute resolution and Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SCOOPI PTY LTD AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 1 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Scoopi agree (a) to waive your and Scoopi’s respective rights to have any and all Disputes arising from or related to these Terms, or the Site, and the Apps, Content or Products, resolved in a court, and (b) to waive your and Scoopi’s respective rights to a jury trial. Instead, you and Scoopi agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions: You and Scoopi Pty Ltd agree that any Dispute arising out of or related to these Terms, the Sites, the App, Content, the Service or products sold on the Site is personal to you and Scoopi Pty Ltd and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Scoopi Pty Ltd agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Scoopi agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Notice; Informal Dispute Resolution
You and Scoopi agree that each party will notify the other party in writing of any arbitral or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Scoopi Pty Ltd shall be sent by certified mail or courier to Scoopi Pty Ltd. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Scoopi Pty Ltd Account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Scoopi Pty Ltd cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Scoopi Pty Ltd may, as appropriate and in accordance with this Section 24, commence an arbitration proceeding or, to the extent specifically provided for above, file a claim in court.
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 1 OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND SCOOPI AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR SCOOPI WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND SCOOPI WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).
If any term, clause or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable. Further, the waivers set forth in these Terms are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
Section 24 – Choice of Law and Venue
These Terms and your relationship with Scoopi are governed by and will be construed under the laws of Australia, without regard to the conflicts of laws provisions thereof. Your use of this Service and any dispute arising out of it is subject to the laws of New South Wales. Any dispute arising from or relating to the subject matter of these Terms or to your relationship with Scoopi shall be finally settled in Sydney, Australia in English.
Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of Sydney, Australia. You and Scoopi Pty Ltd agree that these Terms affect interstate commerce and that the enforceability of this Section 25 shall be both substantively and procedurally governed by and construed and enforced in accordance with the International Arbitration Act 1974, to the maximum extent permitted by applicable law.
Section 25– Miscellaneous
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms of Service shall otherwise remain in full force and effect and enforceable. You and Scoopi Pty Ltd agree that these Terms of Service are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Service, and that all modifications to these Terms of Service must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind Scoopi Pty Ltd in any respect whatsoever. You and Scoopi Pty Ltd agree there are no third party beneficiaries intended under these Terms.
You are permitted only to use the Service for lawful purposes and in a manner consistent with the nature and purpose of the Service.
These Terms do not relate to your use of any Product described on our Service unless otherwise agreed. You must refer to the individual warranty relevant to any particular product.
These Terms may be amended from time to time. Your continued use of our Service following such amendments will be deemed to be confirmation that you accept those amendments.
Section 26 – Contact Information
Questions about the Terms of Service should be sent to us at:
Scoopi Pty Ltd
320 Sussex Street
NSW, Sydney, 2000