top of page
Terms and Conditions

At AsparGo we care about your privacy and we want you to feel safe, that is why we encourage you to read through our Terms and Conditions.

​Welcome to AsparGo, a social media application designed to bridge the gap between the virtual and physical world by connecting people through a common purpose: build and nurture more sustainable communities.

  1. Our Disclosures

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

  • Our liability under these Terms is limited to $100, and we will not be liable for Consequential Loss; and

  • We will have no liability for the use or results of any Third Party ID Service or Identity Check, any aspect of the User and Farmer interaction including the crops and produce offered by the Farmer, the description of the crops and produce requested or offered, any advice provided, supply and collection of crops and produce and any event outside of our reasonable control.

Nothing in these terms limit your rights under the Australian Consumer Law.

  1. Introduction

  2. These terms and conditions (Terms) are entered into between REBOUCAS AMORIM, ALEFE ABN 69 626 847 471 (we, us or our) and you, together the Parties and each a Party. 

  3. We provide a platform where individuals who are growing crops and produce (Farmers) and members of the local community (Users) can connect and share resources and (Platform). 

  4. In these Terms, you means (as applicable) the person or entity registered with us as either a User or a Farmer or the individual accessing or using the Platform.

  5. If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

  6. Acceptance and Platform Licence

  7. You accept these Terms by clicking “I accept” or registering on the Platform.

  8. You must be at least 16 years old to use the Platform. 

  9. We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may cancel your Account at any time.

  10. If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

  11. We may use third party APIs, including Google Maps API(s). Your use of Google Maps and any other APIs is subject to their additional Terms of Service.

  12. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms.  All other uses are prohibited without our prior written consent.

  13. When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including: 

(a)   anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(b)  using the Platform to defame, harass, threaten, menace or offend any person;

(c)   using the Platform for unlawful purposes;

(d)  interfering with any user of the Platform;

(e)   tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);

(f)   using the Platform to send unsolicited electronic messages; 

(g)   using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or

(h)  facilitating or assisting a third party to do any of the above acts.

Accounts

  1. You must register on the Platform and create an account (Account) to access the Platform’s features.

  2. You may only have 1 Account on the Platform which you can use as a Farmer and as a User. 

  3. You must provide basic information when registering for an Account including your name, phone number and email address and you must choose a password. You may also provide additional information including a profile picture, a short biography and your location, and select produce categories. 

  4. You must also complete a two-step verification process to verify your Account.

  5. You may also register for an Account using your Facebook, Google or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.

  6. Once you have registered an Account, your Account information will be used to create a profile which you may then curate.

  7. All personal information you provide to us will be treated in accordance with our Privacy Policy. 

  8. You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others. 

  9. You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

  10. We may review your request for an Account before approving the request. We may request additional information, using a third party verification provider as set out in the “Identify verification” clause below. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.  

  11. We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of services and threshold of reviews.

 

Beta Service

  1. The Platform in its current iteration is provided as a beta service, which means the Platform and its functionality as provided by us is not available to the public and is designated as beta, pilot, limited release, developer preview, non-production, evaluation, or by a similar description (Beta Service). 

  2. The Beta Service is provided at no cost.

  3. You acknowledge and agree that:

(a)    the Beta Service is for evaluation purposes only and not for production use;

(b)    we have no obligation to maintain, support, update, or provide error corrections for the Beta Service; and

(c)    we may discontinue the Beta Service at any time at our sole discretion, and we reserve the right to never make the Beta Service generally available.

  1. To the maximum extent permitted by law:

(a)    we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with the Beta Service; and 

(b)    the Beta Service is provided “as is”, is exclusive of any warranty whatsoever, and we expressly disclaim any warranties of merchantability or fitness for a particular purpose.  

 

Platform summary

The Platform is a marketplace and social media application where Users and Farmers can find each other, connect, interact, and share goods online. The Platform features include:

(a)    a social media feed and profile, where users can share content, connect and interact;

(b)    a crops menu, where users can add crops to their profile to show their neighbours and friends what they are growing and willing to share (Crops Menu);

(c)    a “near me” feature that enables users to find other users nearby to see what crops are available around them;

(d)    a search functionality for users to look up crops in specific categories to see what other users are growing or sharing them;

(e)    the farmer’s market where users can connect with local farmers and growers to access their online stores and source locally grown food (Farmer’s Market); and

(f)     a “my farm feature” for users living in certain communities to connect with up to 10 neighbours to produce crops based on common needs,

(together the AsparGo Services).

  1. We provide the Platform to users (including hosting and maintaining the Platform), the AsparGo Services, as well as guides and information resources. 

  2. You understand and agree that we only make available the AsparGo Services. We are not party to any agreement entered into between a User and a Farmer and we have no control over the conduct of Farmers, Users or any other users of the Platform. 

  3. Marketplace services

  4. A User or Farmer wanting to share crops or produce creates an Account on the Platform and posts an accurate and complete description of the crops or produce they can provide, including, if applicable, the price of the crops or produce (Crop Listing).

  5. A User wanting to collect crops or produce creates an Account on the Platform to view and browse Crop Listings in the Crop Menus of other Users or in the Farmer’s Market.

  6. A User may request to collect the crops or produce described in a Crop Listing by sending a request through the Platform. The request is an offer from the User to the Farmer or other User to collect the crops or produce described in the Crop Listing (Collection Request). 

  7. Following a Collection Request, a Farmer may share their location and the available times for collection. If the Farmer or User accepts the Collection Request through the Platform, it becomes a Confirmed Collection. 

  8. By accepting a Collection Request, the Farmer or User confirms that it is legally entitled to and capable of supplying the crops or produce described in the Collection Request. 

  9. Content you upload 

  10. If you have an Account, you will be permitted to post, create, upload, publicise or otherwise submit content (Submit), such as comments, questions, pictures and videos on your feed (User Content). You must Submit User Content in accordance with these Terms.

  11. We ask you to limit your discussions to topics which are relevant to the Platform. We have the right but not the obligation to appoint moderators of our Platform from time to time to ensure that no inappropriate thread or topic is discussed on the Platform.

  12. We reserve the right to remove any posts which we, in our sole discretion, deem to be in breach of these Terms or that we otherwise  deem to be inappropriate including posts that:

(a)   defame, harass, threaten, stalk, menace, track, monitor, mistreat, offend or otherwise hurt any person;

(b)  use obscene or foul language

(c)   include any Prohibited Content;

(d)  include link(s) to inappropriate, offensive or illegal material on the forum;

(e)   could be considered intolerant of a person’s race, culture, appearance, gender, sexual preference, religion or age; and

(f)   interfere with another user.

  1. Prohibited Content means material, comments, interactions or User Content, which is considered to include the following:

(a)   content that is abusive, pornographic, deceptive, obscene, slanderous, defamatory, offensive, violent, hate speech or otherwise inappropriate;

(b)  content that is homophobic, transphobic, racist or otherwise discriminatory;

(c)    content that promotes bullying, personal attacks, harassment or doxing;

(d)   content subject to copyright that is used without the express permission of the owner of the content

(e)   content that violates or encroaches on the rights of others, including but not limited to intellectual property rights or privacy rights;

(f)   content that contains spam, viruses, worms, corrupt files, any corrupt code, Trojan horses or anything else that can cause a security breach and damage;

(g)   content that incites, baits or advocates illegal activity or argument or violates any law; 

(h)  content that includes non-constructive criticism or creates a hostile or unwelcoming environment; or

(i)    content that harms or advocates harm against anyone, including gore.

  1. We are not responsible for the conduct of any user of our Platform. You agree and acknowledge that you participate on the Platform including by Submitting User Content at your own risk.

  2. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Platform.

  3. You agree that you are solely responsible for all User Content that you make available on or through the Platform. You represent and warrant that:

(a)   you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); 

(b)  your User Content will not be obscene, explicit, illegal, defamatory, offensive, threatening, or otherwise harmful to any person; and

(c)   neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  1. We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

  2. This clause will survive the termination or expiry of these Terms.

  3. Communication

  4. We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.

  5. Users and Farmers can communicate publicly by sharing User Content on their profile, privately using our private messaging service or offline using the listed contact details. 

  6. Payments

  7. There is no payment exchange between users on the Platform. Users and Farmers may decide to exchange, donate or charge for crops and produce outside of the Platform.

  8. In the future, in consideration for providing the Platform, we may charge a service fees (including any third-party payment processing fees) to the Farmer as set out on the Platform or a subscription fee to allow you to remove advertisements from the Platform (Service Fee). We will notify you prior to introducing the Service Fee. If you do not wish to pay the Service Fee, you may cancel your Account at any time. 

  9. Refunds and Cancellation Policy

  10. The cancellation, exchange, or refund of any goods provided via this Platform is strictly a matter between the relevant Parties. Any terms and conditions agreed to between the Farmer and the User must be set out clearly in the relevant Collection Request. 

  11. For disputes between Parties, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.

  12. This clause will survive the termination or expiry of these Terms.

  13. Identify verification

  14. If we choose to conduct identity verification or background checks on any User or Farmer, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or Farmer or guarantee that a User or Farmer will not engage in misconduct in the future. Any verification of Farmers on the Platform is not an endorsement or recommendation that the Farmer or User is trustworthy or suitable. You should do your own due diligence before collecting crops or produce from a Farmer.

  15. We may offer you the option of verifying your identity and/or validating your Account using a third party verification service (Third Party ID Service).

  16. Where you have elected to verify your identity under this clause, you acknowledge and agree that (1) we may contact, connect to or otherwise liaise with Third Party ID Services to validate your identity and information (Identity Check); and (2) Third Party ID Services may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform an Identity Check.

  17. You acknowledge and agree that (1) the Identity Check may not be fully accurate, as it is dependent on the information provided by the relevant individual or business and/or information or checks performed by third parties; and (2) you should not rely on the Identity Checks, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any users of the Platform. 

  18. Intellectual Property

  19. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us. 

  20. We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.

  21. You must not, without our prior written consent:

(a)   copy, in whole or in part, any of Our Intellectual Property; 

(b)  reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(c)   breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

  1. Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(a)   you do not assert that you are the owner of Our Intellectual Property;

(b)  unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us; 

(c)   you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and 

(d)  you comply with all other terms of these Terms.

  1. This clause will survive the termination or expiry of these Terms.

  2. Warranties

  3. You represent, warrant and agree that:

(a)   you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;

(b)  there are no legal restrictions preventing you from entering into these Terms;  

(c)   all information and documentation that you provide to us in connection with these Terms is true, correct and complete;  

(d)  you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;

(e)   where you are a Farmer, you are responsible for complying with all laws, rules and regulations which apply to providing the crops and produce in your Crop Listings; and

(f)   where you are a Farmer, you are appropriately qualified, and have any required skills, knowledge or training, to provide the crops and produce.

  1. Australian Consumer Law 

  2. Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). 

  3. If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.  

  4. Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

  5. As a User, the goods provided by a Farmer may also confer on you certain rights under the ACL.

  6. This clause will survive the termination or expiry of these Terms.

  7. Exclusions to liability 

  8. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:  

(a)   the use or results of any Third Party ID Service or Identity Check;

(b)  any aspect of the User and Farmer interaction including the crops or produced offered by a Farmer or User, the description of the crops or produce requested or offered, any advice provided, or supply and collection of crops and produce; and 

(c)   any event outside of our reasonable control.

  1. You agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Platform Licence clause, the Confidentiality clause and the Intellectual Property clause of these Terms.

  2. This clause will survive the termination or expiry of these Terms.

  3. Limitations on liability

  4. To the maximum extent permitted by law:  

(a)   neither Party will be liable for Consequential Loss; 

(b)  each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that party to mitigate its losses; and

(c)   our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the AsparGo Services to you or, in our sole discretion, where there are no Service Fees paid, $100.  

  1. This clause will survive the termination or expiry of these Terms.

  2. Termination

  3. Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings.

  4. These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

(a)   the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

(b)  the Defaulting Party is unable to pay its debts as they fall due.

  1. Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach. 

  2. If you breach or we suspect that you may be in breach of these Terms or your behaviour does not meet our guidelines, we may, at any time and at our sole discretion:

(a)   delete any User Content;

(b)  suspend or terminate your Account (and any associated or linked Accounts), along with all User Content associated with that Account; and/or

(c)   suspend or permanently ban your access to the Platform.

  1. Upon expiry or termination of these Terms:

(a)   we will remove your access to the Platform;

(b)  we will immediately cease providing the AsparGo Services;

(c)   we will cancel any existing Confirmed Collection you are a party to; 

(d)  we will delete your User Content; and

(e)   where we terminate the Terms for any reason, you also agree to pay us our reasonable additional costs directly arising from such termination (including legal fees, debt collector fees and mercantile agent fees).

  1. Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it. 

  2. This clause will survive the termination or expiry of these Terms.

  3. Notice regarding Apple 

  4. To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

  5. Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform. 

  6. If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

  7. Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

  8. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights. 

  9. You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service. 

  10. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

  11. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

  12. Confidential Information

  13. Each Receiving Party agrees:

(a)   not to disclose the Confidential Information of the Disclosing Party to any third party;

(b)  to use all reasonable endeavours to protect the Confidential Information of the Disclosing Party from any unauthorised disclosure; and

(c)   to only use the Confidential Information of the Disclosing Party for the purposes for which it was disclosed or provided by the Disclosing Party, and not for any other purpose.

  1. The obligations in clause 20.1 do not apply to Confidential Information that:

(a)   is required to be disclosed in order for the Parties to comply with their obligations under these Terms;

(b)  is authorised to be disclosed by the Disclosing Party;

(c)   is in the public domain and/or is no longer confidential, except as a result of a breach of these Terms; or

(d)  must be disclosed by law or by a regulatory authority, including under subpoena.

  1. Each Party agrees that monetary damages may not be an adequate remedy for a breach of this clause. A Party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause.

  2. This clause will survive the termination or expiry of these Terms.

  3. General 

  4. Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld). 

  5. Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party. 

  6. Disputes:  In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a User and us, or a Farmer and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of Western Australia to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. 

  7. Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

  8. Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.

  9. Governing law: These Terms are governed by the laws of Western Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 

    1. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

  10. Privacy: Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines. 

  11. Publicity: With your prior written consent, you agree that we may advertise or publicise the broad nature of our supply of the AsparGo Services to you, including on our website or in our promotional material.

  12. Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

  13. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

  14. Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.

  15. Definitions 

  16. Confidential Information includes information which:

(a)   is disclosed to the Receiving Party in connection with these Terms at any time;

(b)  is prepared or produced under or in connection with these Terms at any time;

(c)   relates to the Disclosing Party’s business, assets or affairs; or

(d)  relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms,

whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the Receiving Party receives that information.

  1. Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

    1. Disclosing Party means the party disclosing Confidential Information to the Receiving Party.

  2. Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

  3. Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property. 

  4. Intellectual Property Breach means any breach by you (or any of your personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

  5. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

    1. Receiving Party means the party receiving Confidential Information from the Disclosing Party.

For any questions or notices, please contact us at:

REBOUCAS AMORIM, ALEFE ABN 69 626 847 471

Email: aspargo.adm@gmail.com

Last update: 2 December 2022

© LegalVision ILP Pty Ltd

bottom of page