Contact email: outbackmarketplaceau@gmail.com
This End User Licence Agreement governs the use of our application in a legally binding way. You must read this document carefully.
Please note that some provisions may only apply to certain categories of users. In particular, certain provisions may only apply to consumers or to those users that do not qualify as consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all users.
Unless stated otherwise, the terms in this section apply generally when using our application.
Specific or additional conditions may apply in certain situations and are noted in this document.
By using our application, you confirm the following:
you are older than 13 years
you are not in a country under a U.S. government embargo or designated as a "terrorist-supporting" country
you are not on any U.S. government list of prohibited or restricted parties.
To use our application, you can register or create an account by providing complete and truthful information. You can also use our application without an account, but this might limit some features.
You are responsible for keeping your login details confidential and must choose passwords that meet the highest standards of strength as allowed by our application.
By registering, you agree to take full responsibility for all activities under your username and password. You must immediately inform us using the contact details in this document if you believe your personal information, account, or login details have been violated, disclosed, or stolen.
Registration of accounts on our application is subject to the conditions outlined below. By registering, you agree to meet such conditions.
It is not permitted to register accounts by bots or any other automated methods
You must register only one account, unless otherwise specified
Your account must not be shared with other persons unless otherwise specified
You can close your account and stop using our service anytime by contacting us at the contact details provided in this document.
We reserve the right to suspend or delete your account at any time and without notice if we find it inappropriate, offensive, or in violation of these terms.
Suspending or deleting accounts does not entitle you to claim for any compensation, damages, or reimbursement.
The suspension or deletion of accounts due to causes attributable to you does not exempt you from paying any applicable fees or prices.
Unless otherwise noted, all content on our application is owned or provided by us or our licensors.
We do our best to ensure the content on our application complies with all laws and respects third-party rights. However, this may not always be achievable.
If you believe your rights are being infringed, without prejudice to any legal prerogatives to enforce your rights, please report any issues using the contact details provided in this document.
Our application may only be used within the scope of what is provided for, under this document and applicable law.
You are solely responsible for ensuring your use of our application does not violate any laws, regulations, or third-party rights.
We reserve the right to protect our interests by denying you access to our application, terminating contracts, and reporting any misconduct to the appropriate authorities if you are involved in or suspected of the following:
violating laws, regulations, or these terms
infringing on third-party rights
significantly impairing our legitimate interests
offending us or any third party.
Any intellectual property rights, industrial property rights, and other exclusive rights relating to the software or technical features of our platform are owned by us and/or our licensors.
Provided you comply with these terms, we grant you a revocable, non-exclusive, non-transferable, and non-sublicensable license to use the software and other technical features of our platform for their intended purposes.
This license does not grant you any rights to access, use, or distribute the original source code. All techniques, algorithms, and procedures contained in the software and related documentation are the exclusive property of us or our licensors.
Any rights and licenses granted to you will immediately terminate upon termination or expiration of this agreement.
Notwithstanding the above, you are allowed to download, install, use, and run the software on devices, provided that your devices are current and meet industry standards.
We reserve the right to release updates and improvements to the platform and its associated software. You may be required to download and install these updates in order to continue using the software.
However, access to major new versions or releases of the software may require the purchase of a separate license.
Notwithstanding the above, you agree to immediately delete any copies of the software upon the expiry of your license.
The software license will remain valid and functional for 2 years from the date it was made available to you, or for the entire duration of your subscription, whichever is longer. This is subject to the terms of the agreement, including any required updates. It is understood that errors and occasional technical faults are inherent to software. To the extent required under applicable law and/or the agreement, we commit to resolving defects or faults impairing the software's functionality during the license period, unless these result from improper or irregular use, including (without limitation) failure to implement required updates.
We limit our liability as much as legally allowed when executing agreements with you. This means our responsibility for damages is reduced to the maximum extent permitted by law unless explicitly stated otherwise or agreed upon with you.
You agree to indemnify us and our affiliates, officers, directors, and employees from any claims or demands made by third parties due to or in connection with any culpable violation of these terms or third-party rights related to your use of the service, to the extent allowed by Aussie law.
Unless explicitly stated otherwise and subject to applicable law, you cannot claim damages against us (or any individual or entity acting on our behalf).
However, this exclusion does not apply to damages affecting life, health, or physical integrity, damages arising from the breach of significant contractual obligations (such as those necessary to fulfill the agreement’s purpose), and/or damages resulting from intentional or gross negligence, provided that our app has been used appropriately and correctly by you.
Unless damages stem from intentional or gross negligence, or they impact life, health, or physical integrity, our liability is limited to typical and foreseeable damages at the time the agreement was entered into.
Our app is provided on an "as is" and "as available" basis. When you use our app, you do so at your own risk. We explicitly state that we are not making any promises or guarantees, whether they are express, implied, or even required by law. These include assurances about the quality of the service, its suitability for your specific needs, or whether it infringes on anyone else’s rights. Any advice or information you receive from us or through our service does not create any warranties beyond what we have explicitly stated here.
Additionally, while we strive to provide accurate and reliable content, we cannot guarantee that it is always going to be the case. We do not guarantee that the service will always meet your requirements or be available when you need it. There might be interruptions, or it might not function correctly due to factors beyond our control. While we do our best to keep everything running smoothly, we cannot ensure that the service will be free of harmful elements like viruses. If you choose to download any content from our service, you are assuming the risk, and we are not responsible for any damage it might cause to your devices or data.
We do not endorse or guarantee any products or services advertised through our service or any links we provide. We are not involved in any transactions between you and third-party providers, so any interactions or agreements you make with them are solely your responsibility.
Our service might not always be accessible or may not work correctly with your web browser, mobile device, or operating system. While we strive to provide a seamless experience, we cannot guarantee it in every situation. As such, we want to clarify that we cannot be held responsible for any perceived or actual damages that result from issues related to the content, operation, or use of our service.
While we may have certain exclusions and limitations in our agreement, these may not apply to you depending on the laws of your jurisdiction. Federal law, as well as laws in some states and other jurisdictions, may offer protections that supersede our disclaimers and exclusions. This means that you may have specific legal rights that are not affected by our agreement. It is essential to understand your rights, as they may vary from state to state or country to country. We want to emphasise that any disclaimers or exclusions in our agreement will only be enforced to the extent permitted by applicable law.
To the maximum extent permitted by applicable law, in no event shall we, along with our subsidiaries, affiliates, officers, directors, agents, partners, suppliers, or employees, be liable for:
Any indirect, punitive, incidental, special, consequential, or exemplary damages arising from or related to your use of, or inability to use, the service. This includes damages for loss of profits, goodwill, use, data, or other intangible losses.
Any damage, loss, or injury resulting from hacking, tampering, or unauthorised access to your account or the information within it.
Errors, mistakes, or inaccuracies in the content provided.
Personal injury or property damage resulting from your use of the service.
Unauthorised access to our secure servers or personal information stored therein.
Interruption or cessation of transmission to or from the service.
Bugs, viruses, trojan horses, or similar harmful elements transmitted through the service.
Errors or omissions in any content posted, transmitted, or made available through the service.
Defamatory, offensive, or illegal conduct of any user or third party. Our liability is limited to the amount you have paid us in the preceding 12 months, or the duration of your agreement with us, whichever is shorter.
This limitation of liability section will apply to the fullest extent allowed by Australian law, regardless of the legal theory under which the liability is based, whether it is in contract, tort (including negligence), strict liability, or otherwise.
Please note that in some jurisdictions, the exclusion or limitation of incidental or consequential damages may not be allowed. This means that these limitations or exclusions might not apply to you. You have specific legal rights, which may vary depending on your jurisdiction. The disclaimers, exclusions, and limitations of liability outlined here may not apply to the extent prohibited by applicable law.
By using and accessing the service, you agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from any claims, damages, losses, liabilities, costs, or expenses, including legal fees, arising from:
Your use of the service, including any data or content you transmit or receive.
Your violation of these terms, including any breach of representations and warranties.
Your violation of third-party rights, such as privacy or intellectual property rights.
Your violation of statutory laws, rules, or regulations.
Any content submitted from your account, including third-party access using username, password, or other security measures, including misleading, false, or inaccurate information.
Your intentional misconduct.
Any statutory provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent permitted by law.
Our failure to assert any right or provision under these terms does not waive that right or provision. No waiver will constitute a continuing waiver of such term or any other term.
To maintain the best service level, we reserve the right to interrupt the service for maintenance, updates, or other changes, with appropriate notification.
We may suspend or discontinue the service within legal limits. If discontinued, we will assist you in withdrawing personal data and respect your rights regarding continued product use and compensation under applicable law.
The service may be unavailable due to events beyond our reasonable control, such as infrastructure breakdowns or blackouts.
You may not reproduce, duplicate, copy, sell, or exploit any part of our application without our express written permission, granted either directly or through a legitimate reselling programme.
For information on the use of personal data, you can refer to our application’s privacy policy.
Without prejudice to any more specific provisions in these terms, all intellectual property rights associated with our application, including copyrights, trademark rights, patent rights, and design rights, are exclusively owned by us or our licensors. These rights are protected by applicable laws and international treaties concerning intellectual property.
All trademarks, whether nominal or figurative, and any other marks, trade names, service marks, word marks, illustrations, images, or logos associated with our application, are and remain the exclusive property of us or our licensors. These are also protected by applicable laws and international treaties related to intellectual property.
We reserve the right to modify these terms at any time, informing you of any changes.
Such changes will only affect the relationship with you from the date communicated onwards.
Your continued use of the service will signify your acceptance of the revised terms. If you do not wish to be bound by the changes, you must stop using the service and terminate the agreement.
The applicable previous version will govern the relationship prior to your acceptance. You can obtain any previous version from us.
If legally required, we will notify you in advance of when the modified terms will take effect.
We reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these terms, considering your legitimate interests. Provisions about changes to these terms will apply accordingly.
You cannot assign or transfer your rights or obligations under these terms without our written permission.
All communications regarding the use of our application must be sent using the contact information provided in this document.
Invalidity or unenforceability of any provision under applicable law will not affect the validity of other provisions, which will remain in full force and effect.
These terms are governed by the law of the place where we are based, as outlined in the specific section regarding legal jurisdiction.
Notwithstanding the above, if the law of the country where you are based provides for higher applicable consumer protection standards, those higher standards will prevail.
Any controversy related to these terms will be under the jurisdiction of the courts in the place where we are based, as outlined in the relevant section of this document.
