Terms & Conditions

SNIFFFR TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING OUR WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE THEN YOU MUST NOT ACCESS OR USE OUR WEBSITE.

1. About these Terms of Use

Snifffr Services
Snifffr (“we”, “us” or “our”) provides used panties and related marketplace services (“Snifffr Services”) for personal use through our website snifffr.com (“Snifffr Site”). You must be at least 18 years of age to register to use our Snifffr Services. When using our Snifffr Services you must at all times comply with these Terms of Use, any directions given by us and all applicable laws. In these Terms of Use, a reference to our Snifffr Services includes our Snifffr Site and all information, documents, files, text, logos, graphics, images, photographs, videos, material, software and other content (“Content”) provided or made available through our Snifffr Site.

Legal agreement
By accessing or using our Snifffr Services you agree to be bound by these Terms of Use which constitute a legally binding agreement between you and us that applies to all matters arising out of, or in connection with, our Snifffr Services. These Terms of Use include our Snifffr Privacy Policy and any other terms and conditions or policies made available through our Snifffr Services. In the event of a conflict between the provisions of these Terms of Use and any such other terms and conditions or policies then these Terms of Use will prevail to the extent of the inconsistency unless otherwise expressly stated. In these Terms of Use, the meaning of general words is not limited by specific examples introduced by including, for example, or similar expressions.

Amendments
We may in our sole discretion amend these Terms of Use at any time by making available amended Terms of Use on our Snifffr Site. You will be deemed to have agreed to be bound by such amended Terms of Use by continuing to access or use our Snifffr Services after such amended Terms of Use have been made available on our Snifffr Site. You are responsible for regularly reviewing the current Terms of Use which are available on our Snifffr Site each time before using our Snifffr Services. If at any time you do not agree to these current Terms of Use then you must immediately cease accessing and using our Snifffr Services.

2. Registration

Registration eligibility
To be eligible to register to use our Snifffr Services: (i) you must be at least 18 years of age and capable of entering into these Terms of Use as a legally binding agreement between you and us; and (ii) your use of our Snifffr Services must not breach any applicable law including, without limitation, any applicable law of the country from which you access our Snifffr Services.

Registration warranties
By registering to use our Snifffr Services you represent and warrant that: (i) you are at least 18 years of age and capable of entering into these Terms of Use as a legally binding agreement between you and us; (ii) all information that you provide to us to register to use our Snifffr Services is accurate, complete and current; (iii) your use of our Snifffr Services will not breach any applicable law including, without limitation, any applicable law of the country from which you access our Snifffr Services; and (iv) you will not knowingly allow any minor to access or use our Snifffr Services.

Registration information
You agree to promptly update any information which you have provided to us to register to use our Snifffr Services where the information is no longer accurate, complete and current. We are not responsible for any loss or damage that you suffer as a result of us or any other user or third party relying upon any information that you provide to us to register to use our Snifffr Services which is not accurate, complete and current.

Registration refusal
We reserve the right in our sole discretion to refuse to register you to use our Snifffr Services for any reason including, without limitation, if you: (i) provide us with any information which is not accurate, complete and current; (ii) attempt to register more than once; or (iii) attempt to register as a username a name which you do not have the legal right to use or which is determined by us in our sole discretion to be inappropriate or unsuitable for any reason.

Account security
You must at all times keep secure and confidential your password for your account for our Snifffr Services. You must immediately notify us and change your password if you suspect or become aware that another person has made or may make unauthorised use of your account. You must not knowingly allow another person to use your account to access our Snifffr Services or use another user’s account to access our Snifffr Services.

User account information
You agree that: (i) you are solely responsible for all use made of our Snifffr Services when another person uses your login details to access our Snifffr Services including, without limitation, any offer to sell or purchase, or sale or purchase of, any product or service which is made on your behalf using our Snifffr Services; and (ii) we are not responsible for any loss or damage that you suffer as a result of us or another user relying upon any information which you have provided to us or the other user that is not accurate, complete and current.

Registration cancellation
We may at any time in our sole discretion cancel your registration to use our Snifffr Services if you: (i) breach these Terms of Use; (ii) attempt to register more than once; or (iii) do not log in to use our Snifffr Services for more than 30 days after receiving a cancellation notice from us.

3. Use of Snifffr Services

Licence
Subject to you complying with these Terms of Use, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use our Snifffr Services for your personal use in accordance with these Terms of Use. We may update, change, modify, alter, amend, restrict, limit, suspend, withdraw or discontinue all or any part of our Snifffr Services at any time and for any reason without notice which may affect your ability to continue to access and use our Snifffr Services.

Prohibited uses
You must not: (i) copy, reproduce, adapt, modify, distribute, republish, resell, download, display, communicate or transmit in any form or by any means all or any part of our Snifffr Services without our prior written approval except to the extent expressly permitted by these Terms of Use; (ii) interfere with, impair or disrupt the use of our Snifffr Services by any other user; (iii) interfere with, impair or breach any security or authentication measures of our Snifffr Services; (iv) use data mining, screen scraping or any similar technologies to gather or extract data from our Snifffr Services without our prior written approval; (v) develop or use any third-party application or other software that interacts with our Snifffr Services without our prior written approval; (vi) reverse engineer, decompile or disassemble our Snifffr Services except to the extent permitted by law; (vii) access or use our Snifffr Services to distribute any virus or other harmful code; (viii) access or use our Snifffr Services for the purposes of prostitution or solicitation; (ix) access or use our Snifffr Services to engage in any fraudulent activity or any other activity that we determine in our sole discretion to be inappropriate or unsuitable for any reason; (x) access or use our Snifffr Services to collect or store any personal information about another user without the other user’s consent; (xi) access or use our Snifffr Services for the purpose of sending unsolicited commercial electronic messages or any other commercial purpose; (xii) access or use our Snifffr Services for any purpose that may damage or adversely affect our business interests including, without limitation, for the purpose of operating a business which competes with our business or soliciting users to use any service which competes with our Snifffr Services; (xiii) access or use our Snifffr Services in any way that may damage or adversely affect our reputation or goodwill or the reputation or goodwill of any other user; (xiv) access or use our Snifffr Services in breach of any applicable law; or (xv) access or use our Snifffr Services otherwise than in accordance with these Terms of Use.

Access
You are responsible for obtaining and paying any applicable fees and charges for any network services and compatible hardware and software products required by you to access and use our Snifffr Services. We do not guarantee that any particular hardware or software product will be compatible with our Snifffr Services or that access to our Snifffr Services will be uninterrupted or error-free.

4. Posting Content

Content rights
You must not post or otherwise make available any Content using our Snifffr Services unless you have the right to make the Content available including, without limitation, all necessary copyright, trade mark and other intellectual property rights. By posting or making available any Content using our Snifffr Services you warrant that you have the right to do so.

Content requirements
You represent and warrant that any Content which you post or otherwise make available using our Snifffr Services will: (i) to the best of your knowledge, be accurate, complete and current; (ii) not infringe any third party’s rights including, without limitation, any copyright, trade mark or other intellectual property rights; and (iii) comply with all applicable laws including, without limitation, all applicable laws of the country from which you access our Snifffr Services. You must immediately remove, or notify us if you are unable to remove, any Content which you have posted or otherwise made available using our Snifffr Services upon becoming aware that the Content: (i) is not accurate, complete and current; (ii) infringes any third party’s rights including, without limitation, any copyright, trade mark or other intellectual property rights; or (iii) breaches any applicable law including, without limitation, any applicable law of the country from which you access our Snifffr Services.

Prohibited Content
You must not post or make available any Content using our Snifffr Services which: (i) constitutes personal information about another person unless otherwise expressly permitted by these Terms of Use; (ii) is defamatory, misleading, deceptive, fraudulent, offensive, discriminatory, racist, sexist, indecent, obscene, hateful, harmful, threatening, harassing, infringing or unlawful; (iii) contains any virus or other harmful code; (iv) you do not have the right to post or make available using our Snifffr Services; (v) infringes any third party’s rights including, without limitation, any copyright, trade mark or other intellectual property rights; (vi) breaches any applicable law including, without limitation, any applicable law of the country from which you access our Snifffr Services; (vii) you are prohibited from posting or making available using our Snifffr Services under these Terms of Use; or (viii) is determined by us in our sole discretion to be inappropriate or unsuitable for any reason.

Content rights and responsibilities
You agree that: (i) we will have the right, but not the obligation, to review any Content which you post or otherwise make available using our Snifffr Services before or after you make it available; (ii) we may at any time in our sole discretion edit, modify, alter or remove any Content which you have posted or otherwise made available using our Snifffr Services without providing notice or any reasons; (iii) we may retain for our purposes any Content which you have posted or otherwise made available using our Snifffr Services; (iv) we may disclose any Content which you have posted or otherwise made available using our Snifffr Services to deal with any legal claim or if required by law; (v) we are not responsible for any Content which you or another user posts or otherwise makes available using our Snifffr Services; and (vi) we are not responsible for any loss or damage that you suffer as a result of us or another user posting or otherwise making available any Content using our Snifffr Services.

Infringing Content
You agree that we may notify and cooperate with any internet service provider, law enforcement body or other third party (whether located within or outside Australia) in respect of any Content which you have posted or otherwise made available using our Snifffr Services where we suspect or reasonably believe that the making available of the Content: (i) infringes any third party’s rights including, without limitation, any copyright, trade mark or other intellectual property rights; or (ii) breaches any applicable law including, without limitation, any applicable law of the country from which you access our Snifffr Services. You agree that we will have no liability to you in respect of any such notification or cooperation that we provide to any internet service provider, law enforcement body or other third party (whether located within or outside Australia).

5. Sale and purchase of products and services

Sale of products and services
When using our Snifffr Services to sell any product or service to another user you agree that: (i) we are not able to validate the identity of the buyer; (ii) we do not act as the agent of or otherwise represent you or the buyer unless otherwise expressly stated; (iii) we do not give any representation or warranty that the buyer has the right to purchase the product or service; (iv) you are solely responsible for the quality, merchantability, hygiene and legality of the product or service; (v) you are solely responsible for ensuring that all Content about the product or service is accurate, complete and current; (vi) you are solely responsible for ensuring that the sale of the product or service does not breach any third party’s rights including, without limitation, any copyright, trade mark or other intellectual property rights; (vii) you are solely responsible for agreeing and complying with the terms and conditions of the contract which is formed directly between you and the buyer including, without limitation, any contract terms and conditions regarding payment, fees, taxes, delivery, warranties, title, risk or insurance; (viii) where we are paid the purchase monies for the purchase of the product we may deduct our fees and charges from the purchase monies before paying the purchase monies to you; (ix) we will not pay to you any of the purchase monies which we have been paid for the purchase of the product until we have received confirmation from both you and the buyer, or we otherwise determine, that the product has been successfully delivered to the buyer; (x) you are solely responsible for paying all applicable taxes in connection with the sale of the product or service; (xi) you are solely responsible for ensuring the prompt and secure delivery of the product or service to the buyer in accordance with the terms and conditions of the contract which is formed between you and the buyer; (xii) we are not responsible for any loss, theft or unauthorised use or disclosure of the product or service; (xiii) we are not responsible for any loss or damage that you suffer due to the buyer delaying acknowledging receipt of, or making payment for, the product or service; and (xiv) we do not give any representation or warranty that the buyer will accept delivery of the product or service or otherwise complete the transaction for the purchase of the product or service; and (xv) where we refund to the purchaser any purchase monies which have been paid to us for the purchase of the product we will have no responsibility for returning the product to you.

Purchase of products and services
When using our Snifffr Services to purchase any product or service from another user you agree that: (i) the product or service is not owned or sold by us; (ii) we are not able to validate the identity of the seller; (iii) we do not act as the agent of or otherwise represent you or the seller unless otherwise expressly stated; (iv) we do not give any representation or warranty that the seller has the right to sell the product or service; (v) we are not responsible for the existence, authenticity, quality, merchantability, hygiene or legality of the product or service; (vi) we do not approve, endorse or sanction the sale of the product or service; (vii) we do not give any representation or warranty that any Content about the product or service is accurate, complete or current; (viii) we do not give any representation or warranty that the purchase or use of the product or service does not breach any third party’s rights including, without limitation, any copyright, trade mark or other intellectual property rights; (ix) you are solely responsible for agreeing and complying with the terms and conditions of the contract which is formed directly between you and the seller including, without limitation, any contract terms and conditions regarding payment, fees, taxes, delivery, warranties, title, risk or insurance; (x)where you pay to us the purchase monies for the purchase of the product from the seller we may deduct our fees and charges from the purchase monies before paying the purchase monies to the seller; (xi) we will not pay to the seller any of the purchase monies which you have paid to us for the purchase of the product until we have received confirmation from both you and the seller, or we otherwise determine, that the product has been successfully delivered to you; (xii) we are not responsible for any loss or damage that you suffer where we pay to the seller any of the purchase monies which we have received for the purchase of the product if you subsequently notify us that the product does not comply with the terms and conditions of the contract formed between you and the seller;(xiii) you are solely responsible for paying all applicable taxes in connection with the purchase of the product or service; (xiv) we are not responsible for any loss, theft or unauthorised use or disclosure of the product or service; (xv) we are not responsible for any loss or damage that you suffer due to the seller delaying delivery of the product or service; and (xvi) we do not give any representation or warranty that the seller will deliver the product or service or otherwise complete the transaction for the sale of the product or service; and (xvii) we will not be required to refund to you any of the purchase monies which you have paid to us for the purchase of the product without the consent of the seller unless we determine that you are entitled to a refund of all or part of the purchase monies..

Sale and purchase risks
You agree to accept all transaction risks when offering to sell or purchase, or selling or purchasing, any product or service using our Snifffr Services including, without limitation: (i) that another user will deal with you under false pretences; (ii) that the product or service does not exist; (iii) that any Content about the product or service is not accurate, complete and current; (iv) that the offering for sale or purchase, or sale or purchase, of the product or service breaches a third party’s rights including, without limitation, any copyright, trade mark or other intellectual property rights; (v) that the offering for sale or purchase, or sale or purchase, of the product or service breaches any applicable law including, without limitation, any applicable law of the country from which you or another user access our Snifffr Services; and (vi) that the transaction for the sale or purchase of the product or service will not be completed. You agree that we will not be liable to you for any loss or damage arising out of, or in connection with, you offering to sell or purchase, or selling or purchasing, any product or service using our Snifffr Services.

6. Fees and charges

Payment
You agree to pay us all fees and charges that we notify to you which apply to our Snifffr Services. All such fees and charges will be shown in United States dollars and include any applicable goods and services tax unless otherwise specified.

Payment method
You warrant that you will only use a valid and current credit card or other payment method which you are authorised to use to pay any fees and charges which apply to your use of our Snifffr Services.

Subscription payments
You agree that at the end of each subscription period for any subscription which you have purchased for the use of our Snifffr Services we will use your nominated payment method to charge you the applicable fees and charges for the automatic renewal of your subscription on the same terms and conditions unless you cancel your subscription at least 24 hours before the end of the current subscription period.

Non-payment
You agree that we may recover from you any overdue fees and charges which apply to your use of our Snifffr Services using any available means of collection including, without limitation, using debt collection agencies and instituting legal proceedings.

Refunds
To the fullest extent permitted by law, all fees and charges which you pay to us for the use of our Snifffr Services or purchase of Snifffr coins will be non-refundable.

Interest
You agree that you will not be entitled to be paid interest on any monies held by us on your behalf in connection with the sale or purchase of any product.

New fees and charges
You agree that we may at any time notify you of any new fees and charges which will apply to our Snifffr Services. By continuing to use our Snifffr Services after we have notified you of any new fees and charges which apply to our Snifffr Services you will be deemed to have accepted and agreed to pay such new fees and charges.

7. Intellectual property rights

Intellectual property rights in Snifffr Services
We are the owner or licensee of all copyright, trade mark and other intellectual property rights in our Snifffr Services. You agree that “Snifffr” and its related images and logos are owned by us and protected under trade mark and copyright laws throughout the world. You must not use “Snifffr” or any of its related images or logos without our prior written approval. You acquire no rights or licences in respect of our Snifffr Services except as expressly provided in these Terms of Use.

Content licence
You grant to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide, sub-licensable, transferable licence to use, copy, modify, display, distribute, communicate to the public and otherwise exploit for our purposes any Content which you post or otherwise make available using our Snifffr Services.

Suggestions, ideas and feedback
You hereby assign to us all copyright and other intellectual property rights in all suggestions, ideas and feedback that you provide to us in connection with our Snifffr Services. We may use all suggestions, ideas and feedback that you provide to us in connection with our Snifffr Services in any manner and for any purpose without notice or paying any compensation to you.

8. User information

Provision of user information
By providing us with your information you consent to us collecting, holding, using and disclosing it in accordance with our Snifffr Privacy Policy. You warrant that all information (including, without limitation, credit card or other payment details) that you provide to us in relation to our Snifffr Services will be accurate, complete and current and that you will maintain the accuracy, completeness and currency of all such information. You must not provide us with any information about another person for any purpose unless you have obtained the person’s express consent and notified the person of the details required by all applicable privacy laws.

Confidentiality of user information
You agree to keep confidential and not disclose to any third party any information about another user that is received by you in connection with your use of our Snifffr Services without the express written consent of the other user except where the disclosure is required by law.

Disclosure of user information
We may disclose your username to other users in connection with any offer to sell or purchase, or sale or purchase of, any product or service which you make using our Snifffr Services. We are not responsible for any loss or damage that you suffer as a result of any of your user information being made available through our Snifffr Services whether by you, us or another user.

9. Links

Site linking requirements
You may link to our Snifffr Site provided that the link accurately indicates that it is to our Snifffr Site and we have not requested you to remove the link. We may in our sole discretion determine that any link to our Snifffr Site is inappropriate or unsuitable for any reasons and request you to remove the link. If you do not immediately comply with a request by us to remove a link to our Snifffr Site then you must indemnify us against all costs, charges and expenses (including, without limitation, legal costs on a full indemnity basis) that we incur in having the link removed.

Links to third party material
We have no responsibility for any third party site, application or content linked to from our Snifffr Site. You use any third party site, application or content linked to from our Snifffr Site entirely at your own risk and subject to the terms and conditions of the third party. We do not endorse or sponsor any third party site, application or content by reason only of providing a link to the third party site, application or content from our Snifffr Site. We do not accept any responsibility or liability for any third party site, application or content linked to from our Snifffr Site. We may at any time remove a link to any third party site, application or content linked to from our Snifffr Site.

10. Liability

Disclaimer
To the fullest extent permitted by law, you use our Snifffr Services entirely at your own risk and on an “as is” and “as available” basis. We do not give any representation, warranty or guarantee in respect of our Snifffr Services including, without limitation, any representation, warranty or guarantee regarding the availability, reliability, quality, accuracy, completeness, currency or suitability of our Snifffr Services or that access to or use of our Snifffr Services will be uninterrupted, error-free or free from viruses or other harmful code. You provide information over the internet entirely at your own risk as the security of such information cannot be guaranteed.

Implied terms
To the fullest extent permitted by law, we expressly exclude any condition, representation or warranty which would otherwise be implied, whether by law or otherwise, in these Terms of Use including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of any third party’s rights. Where any condition, warranty or representation is implied, whether by law or otherwise, in these Terms of Use which cannot lawfully be excluded then our liability for any breach of such condition, warranty or representation will be limited at our option to supplying the services again, paying the cost of supplying the services again or otherwise to the fullest extent permitted by law.

Liability exclusion
To the fullest extent permitted by law, we will not be liable to you for or in respect of any and all: (i) losses, damages, costs, charges, expenses or liabilities of any kind or nature whatsoever not directly, or naturally in the usual course of things, arising out of, or in connection with, a breach of these Terms of Use; (ii) consequential, special, indirect, incidental, exemplary or punitive damages including, without limitation, damages for loss of data, profit, opportunity, revenue or income, or loss of, or damage to, reputation or goodwill; (iii) claims, actions, demands, proceedings, losses, damages, costs, charges, expenses or liabilities of any kind or nature whatsoever directly or indirectly arising out of, or in connection with, any act or omission of any other user or third party not under our direct control including, without limitation, any act or omission of any other user or third party relating to any product or service purchased or sold by you through our Snifffr Services; and (iv) personal injury or property damage arising out of, or in connection with, any use of our Snifffr Services.

Liability limit
To the fullest extent permitted by law, our total aggregate liability to you for all losses, damages, costs, charges, expenses and liabilities arising out of, or in connection with, our Snifffr Services will be limited to the amount of the fees and charges that you have paid to us to use our Snifffr Services during the previous 12 month period.

Indemnity
To the fullest extent permitted by law, you irrevocably and unconditionally agree to indemnify and release us and our officers, employees and agents from all claims, actions, demands, proceedings, losses, damages, costs, charges, expenses and liabilities of any kind or nature whatsoever (including, without limitation, legal costs on a full indemnity basis) directly or indirectly arising out of, or in connection with: (i) any Content which you post or otherwise make available through our Snifffr Services; (ii) any offer to sell or purchase, or any sale or purchase of, any product or service which you make using our Snifffr Services; (iii) any infringement by you of the rights of any other user or third party; (iv) any claim, action, demand or proceeding relating to your use of our Snifffr Services which is made or instituted against us by any other user or third party; or (v) any breach by you of these Terms of Use. You agree that we hold the benefit of this indemnity on trust for each of our officers, employees and agents. You also agree that it is not necessary for us to incur any cost or expense or make any payment before enforcing any right of indemnity under these Terms of Use.

Australian Consumer Law
Nothing in these Terms of Use excludes, restricts or modifies any non-excludable right or remedy that you have under the Australian Consumer Law or any other law. Any disclaimer, exclusion or limitation which is contained in these Terms of Use will apply only to the full extent permitted by the Australian Consumer Law or any other law.

11. Dispute resolution

Good faith
Any dispute between you and another user or between you and us which arises in connection with these Terms of Use must be resolved in good faith by the parties to the dispute in accordance with the following dispute resolution procedures.

Dispute notice
If a dispute arises in connection with these Terms of Use, then the party claiming that the dispute has arisen may within no longer than one year after the dispute arises give notice to the other party with details of: (i) the nature of the dispute; (ii) the desired resolution of the dispute; and (iii) the action required to settle the dispute. The parties to a dispute must use their best endeavours to resolve the dispute within 14 days (unless another period is agreed in writing between the parties) of a dispute notice being received by a party to the dispute.

Arbitration
If the parties to a dispute are unable to resolve the dispute within 14 days (unless another period is agreed in writing between the parties) of a dispute notice being received by a party to the dispute then the dispute may only be resolved by being submitted by either party to arbitration which must be conducted in accordance with, and subject to, the Arbitration Rules of the Resolution Institute ABN 69 008 651 232.

Release
You irrevocably and unconditionally agree to release us from any and all claims, actions, demands, proceedings, losses, damages, costs, charges, expenses and liabilities of any kind or nature whatsoever directly or indirectly arising out of, or in connection with, any dispute which arises between you and another user of our Snifffr Services.

Confidentiality
A party to a dispute must not disclose to any other user or third party any information relating to the dispute or arbitration of the dispute without the prior written consent of the other party to the dispute except where the disclosure is: (i) expressly permitted under these Terms of Use; (ii) necessary for the arbitration of the dispute; or (iii) required by law.

Interlocutory relief
Notwithstanding any other dispute resolution provision, we reserve the right in our sole discretion to at any time institute legal proceedings in a court of competent jurisdiction for interlocutory relief to protect any intellectual property rights, confidential information or personal information where a dispute arises in connection with these Terms of Use.

Individual actions
To the extent permitted by law, you must only seek to resolve any dispute which arises in connection with our Snifffr Services or these Terms of Use on an individual basis and not as a member of any class or representative action.

12. Termination, suspension and restriction

Termination by user
You may at any time terminate your access to and use of our Snifffr Services by deleting your user account. If you terminate your access to and use of our Snifffr Services then we may retain all fees and charges paid by you for the use of our Snifffr Services or purchase of Snifffr coins except where we are required by law to refund to you any such fees and charges.

Termination, suspension and restriction by us
If you breach any of these Terms of Use then we may in our sole discretion do any one or more of the following: (i) vary, rescind or terminate any contract which you have entered into with another user for the sale or purchase of any product or service; (ii) pay to the seller of a product any purchase monies that we have been paid for the purchase of the product after deducting our fees and charges; (iii) refund to the buyer of a product any purchase monies that we have been paid for the purchase of the product after deducting our fees and charges; (iv)immediately terminate, suspend or restrict your use of all or any part of our Snifffr Services including, without limitation, cancelling your user registration and deleting your user account for our Snifffr Services; and (v) institute legal proceedings to recover from you any loss or damage that we suffer as a result of your breach of these Terms of Use. We may at any time terminate, suspend or restrict your access to or use of our Snifffr Services without notice for any reason. If we terminate your access to and use of our Snifffr Services then we may retain all fees and charges paid by you for the use of our Snifffr Services or purchase of Snifffr coins except where we are required by law to refund to you any such fees and charges.

Effect of termination
The termination of your access to and use of our Snifffr Services for any reason does not extinguish or otherwise affect any of our accrued rights or remedies under these Terms of Use. If your access to and use of our Snifffr Services is terminated for any reason then only clauses 1 (About these Terms of Use), 7 (Intellectual property rights), 8 (Personal information), 10 (Liability), 12 (Termination, suspension and restriction) and 13 (General provisions), and any other provisions which are capable of continuing to have effect after such termination will survive and remain in full force and effect after such termination.

13. General provisions

Notices
We may give you notice under these Terms of Use by making available a notice on our Snifffr Site or otherwise providing you with a notice through our Snifffr Services. If you are a registered user then we may also give you notice under these Terms of Use by email to any email address which you have provided to us. You may give us notice under these Terms of Use by using the contact form available on our Snifffr Site. A notice given under these Terms of Use is taken to be received: (i) if provided through our Snifffr Services – immediately on providing the notice through our Snifffr Services; and (ii) if sent by email – on the day of sending unless the sender receives a delivery failure notification.

Entire agreement
These Terms of Use constitute the entire agreement between you and us in connection with their subject matter and supersede all prior statements, representations, warranties, understandings, arrangements or agreements.

Further acts and approvals
You agree, at your own cost, to do everything necessary (including, without limitation, executing documents) to give full effect to these Terms of Use. We may in our sole discretion give conditionally or unconditionally or withhold any approval or consent under these Terms of Use.

Force majeure
You agree that we will not be liable to you for any failure or delay in performing any obligation under these Terms of Use due to any circumstances beyond our reasonable control including, without limitation, acts of God, natural disasters, weather events, fires, epidemics, pandemics, power failure, internet or other communications outage, service interruption, third party supplier failure, virus or other harmful code, denial of service or other cyber-attack, acts or orders of government, acts of war, terrorism, embargoes, insurrection, strikes, labour disputes and riots or other acts of civil disorder.

Assignment and transfer
You may not assign or otherwise transfer any of your rights or obligations under these Terms of Use without our prior written approval. We may at any time by notifying you: (i) assign or otherwise transfer our rights and obligations under these Terms of Use to a related body corporate within the meaning of the Corporations Act 2001 (Cth) or a purchaser of all or part of our business or assets; and (ii) provide to that related body corporate or purchaser respectively all Content which you have provided or otherwise made available to us in connection with our Snifffr Services including, without limitation, any personal information.

Waiver and severability
Any failure by us to exercise any right or remedy under these Terms of Use will not constitute a waiver of that right or remedy or any other right or remedy. If any provision of these Terms of Use is determined to be illegal, invalid or unenforceable in whole or in part under any law then the whole or part of the provision will be severed to the extent that it is illegal, invalid or unenforceable and be replaced with a provision or part of a provision that is legal, valid and enforceable and to the extent possible has a similar effect for the purposes of these Terms of Use without affecting the validity of the other provisions.

Relationship and representation
These Terms of Use do not create a relationship of employment, agency, partnership or joint venture between you and us. You must not represent yourself as being an officer, employee or agent of ours or as otherwise able to bind or represent us in any way.

Governing law and jurisdiction
These Terms of Use are governed by, and to be construed in accordance with, the laws of the State of Victoria, Australia. If a dispute arises in connection with these Terms of Use which is not subject to the dispute resolutions provisions contained in these Terms of Use, then the courts of the State of Victoria, Australia will have exclusive jurisdiction in respect of the dispute.

These Terms of Use are effective as of Tuesday, August 18, 2021