Snatchit Pty Ltd ABN 74 618 365 076 (referred to as Snatchit) provides an introductory service and payment platform for Sellers (Seller) and Buyers ( Buyer) through which (i) Sellers will be able to create shoppable photos they can use on their social media platforms, (ii) Buyers will be able to use the Snatchit mobile application (App) to purchase products (Products) featured in the photos and (iii) Sellers will be able to sell the Products to Buyers (together the Services). The Services are available on the App.
(a) These Terms and Conditions (Terms) govern your use of this App. Use of the App constitutes acceptance of these Terms, which constitute a binding agreement between you and Snatchit governing the use of the App. By downloading, installing, accessing or using this App, you acknowledge you have read, understand and agreed to be bound by these Terms. If there are any questions, please contact Snatchit using the contact details at the end of these Terms. If you do not agree to these Terms, you should uninstall and/or cease to access and use this App immediately. The terms we, us, our refers to Snatchit. The terms you and your refer to users of the Application (Users).
(b) The User’s use of the App and the Services indicates that:
i. the User has had sufficient opportunity to access the Terms and contact Snatchit;
ii. the User has read, accepted and will comply with the Terms;
iii. the User has legal capacity to enter into a contract for sale; and
iv. the User is 18 years or older.
If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.
(c) Snatchit may amend these Terms at any time. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. Snatchit recommends that each User check the current Terms, before continuing use of the Services. Snatchit’s agents, employees and third parties do not have authority to change the Terms.
(d) These Terms supplement and incorporate:
iii. the Apple, Inc. Terms and Conditions including, without limitation, the Licensed Application End User License Agreement provided therein; and
iv. the Google Play Terms of Service.
2. Introductory Service Only
(a) The Snatchit App is an introductory platform for Buyers and Sellers and does not sell any Products. Each User understands and agrees Snatchit’s responsibilities are limited to facilitating the availability of the App and the Services.
(b) How the App works for Sellers: By using the App, Sellers will be able to create shoppable photos by placing a QR code provided by Snatchit through the App on a photo featuring their Products. Sellers may also create a listing on the App showing the Product, the purchase price (including any delivery costs) and any refund or exchange policy (a Listing). Sellers may then post their shoppable photos to their social media accounts. Buyers may purchase the Products directly from the Seller and the relevant Seller will deliver the Products to the Buyer.
(c) How the App works for Buyers: Buyers may take a screenshot of shoppable photos featuring Products which interest them. The App will scan the QR code and open the Listing relating to the Product. Buyers will be able to buy any Product directly from the Seller and it will be delivered to them by the Seller.
(d) Snatchit is not a party to any agreement entered into between a Buyer and a Seller. Snatchit is not a seller, a referrer or booking agent, and provides no such related services. Snatchit has no control over the conduct of Buyers, Sellers and any other users of the App and the Services. Snatchit disclaims all liability in this regard, as set out in these Terms.
(e) Any arrangement between a Buyer and a Seller is solely between the Buyer and the Seller. It is strictly and expressly not part of the User’s agreement with Snatchit.
3. Online Registration
(a) A User must download the App and create an account ( Account) to access the Services, including creating a profile as per information requested on the App (Profile), making a Listing and making a purchase.
(b) Each User may only have one (1) Account on the App including one (1) Seller Profile and/or one (1) Buyer Profile.
(c) Basic information is required when registering on the App for an Account. Each User is required to provide certain information including name, email address, and location and to select a username and password.
(d) Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Snatchit reserves the right to suspend or terminate any User’s Account and his/her access to the App and the Services if any information provided to Snatchit proves to be inaccurate, not current or incomplete.
(e) To keep information secure and confidential, Snatchit uses SSL Certificates to establish an encrypted link between the server and a User. Order number will be randomly generated. If a User forgets its password, a secure process will be followed to retrieve the Account and reset the password.
(g) It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
(h) The User will immediately notify Snatchit of any unauthorised use of its Account.
4. Users and User Profiles
(a) Each User acknowledges and agrees that it is responsible for its own Profile(s).
(b) If a Buyer contacts a Seller and requests Products, any agreement entered into is between the Buyer and Seller. Snatchit is not a party to the agreement.
(c) Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk. Snatchit cannot guarantee that other Users have genuine intentions.
(d) Each User should report to Snatchit, any activities or requests of Users which are, or which the User reasonably believes to be:
iii. illegal; or
iv. likely to have a negative effect on the reputation of Snatchit, the App, Services and/or another User.
(e) Each User acknowledges and agrees that while the App allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.
(f) Each User represents and warrants that any content that it provides and Profile and Listing that it posts:
i. will not breach any agreements it has entered into with any third parties;
ii. will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in its local area and country; and
iii. will not conflict with the rights of third parties.
(g) For the avoidance of doubt, Snatchit assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.
(h) Snatchit reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Profile and/or Listing for any reason, including Accounts and/or Profiles and/or Listings that Snatchit, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the App or Services.
(a) Buyers may rate a Seller Profile and/or Listing ( Rating), which determines the popularity and reliability of individual Seller Profiles and/or Listings.
(b) Ratings of a Seller can be viewed by any User. Ratings will remain viewable until the relevant Seller’s Account, Profile and Listing are removed or terminated.
6. Delivery of Products
(a) The Seller is to arrange delivery of any Product to the Buyer. Snatchit is not involved in the delivery process.
(b) A Buyer is required to select the appropriate delivery option at the time of purchase of the Product.
(a) Users do not have to pay a fee to register for an Account or to access and use the App.
(b) Whilst Buyers do not need to pay a fee for the Services, they acknowledge that the use of the Services may result in charges to them for Products they purchase, including applicable insurance, delivery fees and taxes (Product Price).
(c) Each Buyer agrees to pay the relevant fees, in the currency specified on the App, at the time that a purchase is made.
(d) Goods and Services Tax (GST) will be charged where applicable.
(e) Snatchit does not act as a User’s limited payment collection agent.
(f) The Buyer may pay for the Services via Stripe. Payment of the Product Price will be processed upon the Seller’s acceptance of the Buyer’s request to purchase a Product. The Buyer must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means. If a Buyer’s payment is not able to be successfully processed then the request for a purchase may be cancelled.
(g) Each Seller acknowledges and agrees: that a Snatchit service fee as set out on the App is payable between the Seller and Snatchit upon payment of the Product Price (Service Fee); the Service Fee will be deducted from the Product Price and will be paid, via Stripe, to Snatchit. The remaining balance (less any fees payable to Stripe or Snatchit’s third party payment processor) will be paid via Stripe to the Seller.
(h) In the absence of fraud or mistake, all payments made are final and the Buyer shall not have the right to cancel its purchase for any reason and further each Buyer agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out in these Terms.
(i) If the Buyer makes a payment by debit or credit card, the Buyer warrants that the information provided to Snatchit is true, accurate and complete, that the Buyer is authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the Buyer will maintain sufficient funds in the account to cover the Product Price.
(j) Nothing prevents Snatchit from taking any action necessary to recover any unpaid fees. If the User fails to pay, the User’s information will be passed on for collection and or legal action. The User acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If the User at any time exceeds Snatchit’s payment terms and as a result are passed on for collection and or legal action, Snatchit may place a default against the User with a credit reporting agency.
(k) Snatchit’s pricing structure or payment methods may be amended from time to time at its sole discretion.
8. Offers and Promotions
(a) Snatchit may, from time to time, make offers or promotions which may be applicable to the Services.
(b) The conditions of such offers or promotions will be specified on the App.
(c) The User acknowledges and agrees that Snatchit may, at its sole discretion, remove or extend any offers or promotions, and Snatchit will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.
9. Dispute Resolution
(a) By using our App and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Buyer, Seller, or other third party, will be limited to a claim against the Buyer, Seller or other third party, who caused harm to him or her. Snatchit encourages Users to communicate directly with the relevant Buyer, Seller or third party to resolve any disputes.
(b) Snatchit welcomes feedback from its Users. Snatchit seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of the staff.
(c) If there are any complaints from a User, Snatchit will aim to respond and provide a suitable solution within 45 days. If a User is not satisfied with Snatchit’s response, the User and Snatchit agree to the following dispute resolution procedure:
i. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and Snatchit agree to meet in good faith to seek to resolve the dispute by agreement between them ( Initial Meeting).
ii. If a resolution cannot be agreed upon at the Initial Meeting, either the User or Snatchit may refer the matter to a mediator. If the User and Snatchit cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
(d) Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.
10. Cancellation of Registration
(a) If a User wishes to cancel its registration, it will need to do so in writing by contacting us at the email address at the bottom of these Terms. Users can also deactivate their Account at any time via the App.
(b) No refunds will be made upon cancellation except as specified in the Refund Policy set out in these Terms.
11. Consumer Guarantees
(a) 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 the User with rights, warranties, guarantees and remedies relating to the provision of Services by Snatchit to the User which cannot be excluded, restricted or modified (Statutory Rights).
(b) If the User is a consumer as defined in the ACL, the following notice applies to the User from Snatchit: “Snatchit guarantees that the Services supplied to the User are rendered with due care and skill; fit for the purpose that Snatchit advertises, or that the User has told Snatchit he, she or it is acquiring the Services for or for a result which the User has told Snatchit he, she or it wishes the Services to achieve, unless Snatchit considers and discloses that this purpose is not achievable; and will be supplied within a reasonable time. To the extent Snatchit is unable to exclude liability; Snatchit’s total liability for loss or damage suffered or incurred by the User from the Services is limited to Snatchit re-supplying the Services to the User, or, at Snatchit’s option, Snatchit refunding to the User the amount he, she or it has paid Snatchit for the Services to which his, her or its claim relates.”
(c) Nothing in these Terms excludes a User’s Statutory Rights as a consumer under the ACL. The User agrees that Snatchit’s liability for Services provided to Users who are defined as consumers is governed solely by the ACL and these Terms.
(d) Snatchit excludes all conditions and warranties implied by custom, law or statute except for the User’s Statutory Rights. Except for the User’s Statutory Rights, all material and work is provided to the User without warranties of any kind, either express or implied, and Snatchit expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
(a) Snatchit will provide refunds as required under the Australian Consumer Law.
(b) Any cancellation, exchange, return or refund of a Product is strictly a matter between the Buyer and the Seller. The terms and conditions agreed to between the Buyer and the Seller should be set out clearly in the Listing in respect of the Product.
13. Intellectual Property
(a) All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the App, the App and Services, the layout, appearance and look of the App, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the App is owned, controlled or licensed to Snatchit (or its affiliates and/or third party licensors as applicable).
(b) The User agrees that, as between the User and Snatchit, Snatchit owns or holds the relevant licence to all Intellectual Property rights in the App and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, App and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Snatchit or the owner of the content.
(c) Some Intellectual Property used in connection with the App and Services are the trademarks of their respective owners (collectively Third Party Marks).
(d) Snatchit’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Snatchit or the applicable trademark holder or Intellectual Property owner.
(e) Users of the App do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Snatchit or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.
14. User Licence
(a) Subject to these Terms, Snatchit grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the App and Services for its own personal and/or non-commercial use only on a mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the App and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Snatchit’s prior written consent.
(b) The right to use the App and Services is licensed to the User and not being sold to the User. A User has no rights in the App and Services other than to use it in accordance with these Terms.
(c) This Agreement and User Licence governs any updates to, or supplements or replacements for the App and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
15. Permitted and Prohibited Conduct
(a) The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App and Services, or Intellectual Property.
(b) The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the App and Services.
(c) The User must not post, upload, publish, submit or transmit any content that:
i. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
ii. is fraudulent, false, misleading or deceptive;
iii. denigrates Snatchit, the App, Services, Buyers or Sellers;
iv. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
v. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
vi. is violent or threatening or promotes violence or actions that are threatening to any other person; or
vii. promotes illegal or harmful activities or substances.
(d) In connection with the User’s use of the App and Services, the User may not and agrees that it will not:
i. use the App or Services for any commercial or other purposes that are not expressly permitted by these Terms;
ii. register for more than one Account or register for an Account on behalf of another individual and/or entity;
iii. upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User or Profile;
iv. submit any false or misleading information;
v. as a Seller, offer any Products that it does not intend to honour or cannot provide;
vi. as a Buyer, make any offers to the Seller that it does not intend to honour;
vii. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
viii. copy, store or otherwise access any information contained on the App and Services or content for purposes not expressly permitted by these Terms;
ix. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
x. use the App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
xi. use the App or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
xii. stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the App;
xiii. use, display, mirror or frame the App, or any individual element within the App, Services, Snatchit’s name, any Snatchit trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Snatchit’s express written consent; or
xiv. advocate, encourage, or assist any third party in doing any of the foregoing.
16. User Content
(a) Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the App and Services, the User grants to Snatchit a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the App and Services.
(b) The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the App and Services. The User represents and warrants that:
i. it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the App and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Snatchit the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
ii. neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Snatchit’s use of the User Content (or any portion thereof) on, through or by means of the App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(c) Snatchit may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
(a) Snatchit does not guarantee that Products will be requested by any Buyers, nor does Snatchit guarantee that Buyers will be able to find desirable Sellers or Products.
(b) Snatchit does not endorse any Buyer, Seller, Profile, Listing or Products. Snatchit requires Buyers and Sellers to confirm that they have provided accurate information. Snatchit does not perform any sort of background checks of Buyers or Sellers, and does not confirm, any Buyers or Seller’s identity, Profile or Products.
(c) Snatchit cannot and does not control the content contained in any Profiles or Listings or the condition, legality or suitability of any Buyer or Seller or Products. Buyers are responsible for determining the identity and suitability of Sellers that they contact via the Services and the Products.
(d) Snatchit accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the App. Snatchit disclaims any and all liability related to any and all Buyers, Sellers, Profiles, Listings and Products.
(e) By using the App or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Buyers or Sellers or other third parties will be limited to a claim against the Buyer or Seller or other third party who caused it harm. Snatchit encourages the User to communicate directly with the relevant Buyer or Seller on the App and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
(f) To the fullest extent allowable under applicable law, Snatchit disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the App or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
(g) For the avoidance of doubt, Snatchit is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. Snatchit advises that all Users using the App and Services should seek advice in relation to these matters.
(h) Each Buyer or Seller who uses the App and the Services does so at their own risk.
(i) Snatchit excludes all express and implied conditions and warranties, except for the User’s Statutory Rights, to the fullest extent permitted by law, including but not limited to:
i. Snatchit expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
ii. Snatchit does not warrant that the App, the Services, content on the App (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the App or the Services will be error free, that any defects will be corrected or that the App or the server which stores and transmits material to the User is free of viruses or any other harmful components;
iii. Snatchit takes no responsibility for, and will not be liable for, the App, the Services, the Buyers, Sellers and Products being unavailable, of a particular standard of workmanship, failing to meet the Profile description, failing to meet the Listing description, failing to meet the User’s needs, or being of less than merchantable quality; and
iv. Snatchit will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the App, Services, content on the App, inability to access or use the App, the Services, any Profile, any Listing, the Products or the Terms, even if Snatchit was expressly advised of the likelihood of such loss or damage.
(j) The User agrees not to attempt to impose liability on, or seek any legal remedy from Snatchit with respect to such actions or omissions.
18. Limitation of Liability
(a) To the extent permitted by law, Snatchit’s total liability arising out of or in connection with, the App, the Services or the Terms, however arising, including under contract, tort, negligence, in equity, under statute or otherwise, is limited to Snatchit re-supplying the Services to the User, or, at Snatchit’s option, Snatchit refunding to the User the amount it paid for the Services to which its claim relates. Snatchit’s total liability to the User for all damages in connection with the Services will not exceed the price paid by the User under these Terms for the 12 months period prior to the act which gave rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made.
(b) The limitations of damages set forth above are fundamental elements of the basis of the bargain between Snatchit and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
(c) This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Snatchit.
(a) Each User agrees to defend and indemnify and hold Snatchit (and Snatchit’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
(b) Snatchit reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
(c) This defence and indemnification obligation will survive these Terms and the User’s use of the App or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Snatchit without restriction.
(a) Accuracy: While Snatchit will endeavour to keep the information up to date and correct, Snatchit makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the App for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Snatchit expressly excludes any liability for such to the fullest extent permissible by law.
(b) Termination: Snatchit reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the App in its sole discretion (including if a Seller’s Rating drops below a certain threshold). If Snatchit decides to terminate a User’s Account any of the following may occur, with or without notice to the User the User’s Account will be deactivated, its password will be disabled and it will not be able to access the App, Services, its Account or its User Content.
(c) Fraudulent Activities: Each User acknowledges and agrees that, in the event Snatchit reasonably suspects that there are fraudulent activities occurring within the App and Services, Snatchit reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
(d) Force Majeure: Snatchit will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
(e) Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
(f) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Snatchit of any of the Terms shall be effective unless Snatchit expressly states that it is a waiver and Snatchit communicates it to the User in writing.
(g) Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Snatchit’s prior written consent.
(h) Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(i) Jurisdiction and Applicable Law: These Terms, use of the App, the Services and any dispute arising out of any User’s use of the App or Services is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the New South Wales courts. The App may be accessed throughout Australia and overseas. Snatchit makes no representation that the content of the App complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the App from outside Australia, it does so at its own risk and are responsible for complying with the laws in the place where he/she accesses the App.
(j) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Snatchit and each User, and supersede any prior agreement, understanding or arrangement between Snatchit and each User, whether oral or in writing.
For questions and notices, please contact:
Snatchit Pty Ltd ABN 74 618 365 076
Address: Unit 19/ 7-9 Production Road Taren Point 2229 NSW Australia
Last update: July 2017
LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.