General Terms and Conditions

General Terms and Conditions for all
users of the Site

This legal notice applies to the entire contents of the website under the domain name www.Skippr.com.au (Site) owned and operated by The Invoice Exchange Pty Ltd (ACN 151 085 117) trading as Skippr (Company, Skippr, We, Our or Us, as the context requires) and to any correspondence by email between Us and you Skippr is an Invoice trading platform www.Skippr.com.au established to sell Invoices (Site, Platform or Exchange).

In these terms and conditions, where the context requires, the term “customer(s)” or “participant(s)” includes a seller, buyer, user of the Site or other relevant third party. We provide participants with a Platform to sell and buy Invoices.

In these terms and conditions, as they may be amended from time to time (Terms & Conditions) references to “we”, “us”, “our” and any similar expression shall include the Company. Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa, words denoting any gender shall include all genders and words denoting persons shall include bodies corporate and unincorporated associations, partnerships and individuals.

These Terms & Conditions are entered into between us and the customer (you).

1. Effect of and acceptance of these General Terms

1.1. By agreeing to these Terms & Conditions and/or by your use of the Platform or Site, you are bound by the entirety of these Terms & Conditions and any other document that is incorporated by reference into these Terms & Conditions including any additional Terms & Conditions displayed on the Site or provided to you from time to time (Platform Materials).

1.2. We may make changes to these Terms & Conditions from time to time and will take steps to bring any such changes to your attention (such as by placing a notice of the change on a prominent position on the Platform, together with the changed Terms & Conditions). It is your responsibility to check these Terms & Conditions from time to time to ensure that you agree with them, and your continued use of the Platform after any change to these Terms & Conditions will be deemed to be your acceptance of the change.

1.3. Please note that additional conditions governing the Platform, your access to and use of the Platform Materials and your relationship with us are contained in other pages on the Site and unless those conditions conflict with these terms and conditions, they will be incorporated into and will form part of the General Terms and Conditions. Specifically, please carefully read all information relating to our Privacy Policy which contains important information relating to your use of the Site. You acknowledge and warrant that you have read, understood and agree to be bound by the Terms of Use and any additional terms and conditions notified to you from time to time. The Terms of Use form a legally binding agreement between Skippr and you.

If you do not accept these Terms of Use, please exit this Site and cease using the Services immediately.

1.4 Except as required by law, we give no express or implied warranties or guarantees, and make no representations, in relation to the Platform Materials. Specifically, Skippr does not warrant or represent that:

(a) the Platform Material is accurate, complete, up to date or suitable for any purpose;

(b) the Platform Material itself is free from any computer viruses or other defects; or

(c) your access to this Site will be continuous or uninterrupted.

Some of the Platform Material and parts of the Site are continually being improved and enhanced by Skippr and may change from time to time.

1.5. Your use of the Platform is entirely at your own risk. You are responsible for making your own assessment of the information available on or through the Site, and you should make your own inquiries and seek independent advice from relevant professionals before acting or relying on any information or material contained on the Site.

1.6. To the maximum extent permitted by law, we exclude all implied representations and warranties which might apply in relation to your use of the Site. You may have rights under the Competition and Consumer Act 2010 (Cth) in respect of any goods or services supplied to you under these Terms of Use. If so, our liability to you is limited to, at our election:

(a) in the case of goods supplied to you by us, replacement of the goods or supply of equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods or paying the cost of having the goods repaired; or

(b) in the case of services supplied or offered by us, the supply of the services again or paying the cost of having the services supplied again.

2. Disclaimer etc

2.1. None of Skippr, any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (referred to collectively as the Skippr Parties) guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the content and Skippr disclaims liability for errors or omissions in the content.

2.2. The Site and all of the content is provided “as is”, without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. The Site could contain technical inaccuracies or typographical errors.

2.3. Skippr Parties do not warrant as to the results of your use of the content or that the Site is free of viruses or other harmful components. Use of this Site is at your own risk. This does not affect those warranties which cannot be excluded or restricted under the applicable laws.

2.4. We may discontinue or make changes in the content and the Site at any time without prior notice and without any liability. Any dated information is published as of its date only, and Skippr Parties do not undertake any obligation or responsibility to update or amend any such information. We reserve the right to terminate any or all Site offerings or transmissions without prior notice.

3. Third Party Site

This Site may contain links to web sites controlled, owned, or operated by third-party entities, organizations or people (Third Party Sites). Links to Third Party Sites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these Third Party Sites and do not control and are not responsible for these websites or their content or availability. Skippr therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the Third Party Sites linked to the Site, you do so entirely at your own risk.

4. Intellectual Property

4.1. The logo and trade marks of displayed on the Site are the property of Skippr.

4.2. www.Skippr.com.au is the uniform resource locator (URL) of our Company. You will not make any use of this URL (or any other URL owned by us) on another Platform or digital platform without our prior written consent.

4.3. You agree to assign to Skippr any intellectual property rights (including copyright) in any offers placed by you on the Exchange. Skippr owns all rights in any invoice or Invoice value data and related content on the Exchange. Your registration and use of our Exchange confers no rights whatsoever to the content and related intellectual property rights contained in our Platform. You agree not to monitor, use or copy our web pages or any content on the Exchange, including without limitation any price data. Any unauthorised use or reproduction may be prosecuted.

4.4. Any data licensed to Skippr from third parties is provided for use on the Platform only and may not be used for any commercial purposes without the consent of such third parties.

5. Communications and Notices

Communications and notices to be given under these Terms & Conditions (other than those exchanges of information occurring in the normal operation of the site) should be sent to us in the manner prescribed in the Contact Us page (info@Skippr.com.au).

6. Severability

In the event that any provision of these Terms & Conditions is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms & Conditions shall not be affected.

7. General

7.1. These Terms & Conditions are governed by the laws of New South Wales.

7.2. The courts of New South Wales have exclusive jurisdiction in relation to all disputes under these Terms & Conditions.

7.3. These Terms & Conditions may in due course be prepared in various languages other than English for reference only. In the event of any differences between the English version of the Terms & Conditions (accessible from the homepage of www.Skippr.com.au) and any non-English version, the English version shall prevail.

7.4. This Site may be accessed throughout Australia and overseas. Skippr makes no representation that the content provided by this Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for ensuring that your access to this Site is not illegal or prohibited by laws which apply to you.

7.5. You agree that all documents that we are entitled to send you electronically may be delivered to you at Your Account. Any notices we give you shall be given in writing via the Platform to your account. You will also receive by e-mail to your e-mail address specified in Your Account from time to time a prompt to refer to your account.

7.6. The records kept by us shall be conclusive of the facts and matters they purport to record.

7.7. Save in the case of fraud, these Terms & Conditions, and the terms expressly incorporated into them, constitute the entire and only agreement between us and you with regards to their subject matter and you confirm that you have not been induced to enter into these Terms & Conditions in reliance upon, nor have you been given, any condition, warranty (including in particular any warranty as to merchantability, fitness for purpose or uninterrupted functionality), representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in these Terms & Conditions and, to the extent that you have been, you unconditionally and irrevocably waive any claims, rights or remedies which you might otherwise have had in relation thereto.

7.8. No failure or delay by you or us to exercise any rights under these Terms & Conditions shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.