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User Terms of Use
User Terms of Use
Version 1.03, current @ 16 February 2022.
Ipleft Platform
These User Terms of Use, and our Privacy Policy form the basis of your conditions of access and use to our Platform.
If you browse, use or otherwise access any content, information or data, on this website or related apps, publications or tools (together the Ipleft Platform or our Platform), you agree to be bound by these terms (User Terms of Use) and any other policy, agreement or terms which may apply to your use of our Platform. Additional terms may apply to particular services on our Platform (for example, without limitation, our listing services). To access and use those services you must agree to any other policy, agreement or terms which may apply to your use of those Services.
If you have any objection to these User Terms of Use, our Privacy Policy or any other policy, agreement or terms relating to our Platform you must immediately cease use of our Platform.
By using the Platform, or any part of it, you are contracting with Ipleft Pty Ltd (Ipleft/we/us/our). We reserve the right to change our User Terms of use, our Privacy Policy and any other condition of access and use of our Platform at any time. You should regularly check our Platform for any changes we may have made to the User Terms of Use, our Privacy Policy and other conditions of use and access of our Platform. Your continued use of the Platform following any changes will represent an agreement by you to be bound by the User Terms of Use, our Privacy Policy and other conditions of access and use as amended. If you have any questions, please contact [email protected].
1 Scope
1.1 The Ipleft Platform is available for you to access, on a temporary basis, conditional on your acceptance without alteration of the User Terms of Use and any other terms which may apply to your use of the Ipleft Platform. By continuing to access the Ipleft Platform you agree to these User Terms of Use and any other terms which may apply to your use of the Ipleft Platform.
1.2 It is a condition of access and use of the Platform that you read and accept our Privacy Policy, these User Terms of Use and any other policy, agreement or terms which may apply to your use of the Platform.
2 Our Role
2.1 The Ipleft Platform provides facilities for owners of intellectual property rights (and including domain names) and businesses (collectively Assets) and those authorised to trade in the relevant Asset, to advertise Assets for purchase, license, to attract investors, licensees or commercialisation partners or any other like enquiry.
2.2 Ipleft makes the Ipleft Platform available for people to publish information and browse that information, without assuming any liability or duty of care to users.
2.3 We act in the capacity of a publisher of Listings only. Ipleft is not in the business of providing professional advice or buying, selling or trading in Assets. We:
(a) do not provide any warranty, promise or guarantee that any person will be interested in an Asset listed or that it will sell, be licensed or attract a partner or investor;
(b) do not become involved in and are not a party to any potential sale, license, investment or any other transaction between users regarding Assets;
(c) do not have a duty of care to any user;
(d) have no control over, and do not guarantee or verify, the existence, quality, validity, fitness for purpose, suitability or legality of Assets listed or the truth or accuracy of Third Party Content, Third Party Links and Third Party Advertising;
(e) do not and cannot verify the identity, authenticity, existence, intentions or suitability of any persons who may contact you through the Ipleft Platform; and
(f) do not take ownership of Assets and do not transfer legal ownership of Assets or any rights in association with an Asset.
2.4 We do not guarantee continuous or secure access to the Ipleft Platform and its operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.
2.5 We reserve the right to withdraw or change our Platform, products or services (including format, design, scope and functionality) at any time.
3 Access to the Ipleft Platform
3.1 Joining Ipleft and viewing listings is free. We charge fees for using other services, such as listing items and promoting listings.
3.2 Access to the Ipleft Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the Ipleft Platform without notice.
3.3 We will not be liable if for any reason the Ipleft Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts, or all, of the Ipleft Platform.
3.4 When registering an account with us, you must provide accurate, complete and up-to-date registration information and inform us of any changes. It is your responsibility to inform us of any changes to your registration information. You can access and update certain information you have provided to us via your account dashboard.
3.5 You must comply you will comply with each and every direction we give you in relation to your account including, without limitation, the removal or amendment of Content and corrective advertising.
3.6 We may at any time require you verify your identity. Failure to provide proof of identity sufficient for us to verify your identity will be considered a breach of these User Terms of Use.
3.7 You are responsible for maintaining the confidentiality of your account and password. You are responsible for all activities that occur under your account regardless of whether the activities are authorised by you or undertaken by you or otherwise.
3.8 You must ensure that you comply with all applicable laws in Australia and other countries.
3.9 While using the Ipleft Platform, you must not and must not use any device, software, process or other means to:
(a) do any act that would harm, restrict or lessen the enjoyment or use of the Ipleft Platform by any other users;
(b) create a false identity, misrepresent your identity, misrepresent your rights to deal or transact in an Asset;
(c) use or attempt to use another user’s account or transfer or attempt to transfer your account to another person without our prior written consent;
(d) post or make false, inaccurate, misleading, defamatory or offensive content or messages (including through use of any messaging services or contact forms);
(e) take any action that may harm or undermine the goodwill in Ipleft, the Ipleft Platform, users or any Asset;
(f) use the Platform if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using our Platform;
(g) infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies;
(h) manipulate the listing of any Asset or otherwise interfere with other users’ listings;
(i) circumvent or manipulate our fee structure, the billing process, or fees owed to Ipleft;
(j) distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
(k) distribute viruses or any other technologies that may harm Ipleft, the Ipleft Platform or other users;
(l) harvest, scrape, index or otherwise collect information from our Platform without our consent; or
(m) harvest, scrape, index or otherwise collect information about users, including email addresses, without their consent.
3.10 You must take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner.
4 Verification of Indentity, Ownership and Assets (VIOAP)
4.1 Ipleft respects the intellectual property of others and wish to ensure that users who list Assets on the Ipleft Platform are the owners of the Assets, are authorised agents of the owners or otherwise have legal authority to trade in the Assets listed, are not fraudulent persons and do not misrepresent themselves, their identity, the Asset or their rights. 4.2 You acknowledge and accept that there is a risk in respect of online activities and that there are unfortunately sometimes risks when dealing with third parties online, including dealing with underage, abusive or fraudulent persons. 4.3 We aim to ensure that the content posted on our Platform does not infringe the intellectual property rights (including copyright rights, patent, trade mark or other intellectual property rights) of others. Ipleft makes no warranty as to the accuracy or reliability of the information on the Platform or the identity of users. 4.4 Our Verification of Identity, Ownership and Assets Program (VIOAP) aims to ensure that our users act within, and the Assets listed on the Ipleft Platform are listed in, the spirit of respect for intellectual property rights and identity management. From time to time, we require users verify their identity and their rights to trade in, or otherwise list or advertise an Asset. 4.5 If you suspect another user has or is listing Assets without proper authority to do so, is a fraudulent person or is violating your intellectual property rights, or the intellectual property rights of others, please notify our VIOAP team immediately through our Help Centre at https://ipleft.com/help.5 Content
5.1 In these User Terms of Use, Content means information, data, videos, images, files, or any other material that you provide on or through use of the Ipleft Platform or is provided to Ipleft, including without limitation, through any listings, emails, messages or contact forms.
5.2 By uploading, transmitting, posting or otherwise making available any Content on the Ipleft Platform, or otherwise giving us any Content, you represent and warrant that:
(a) you are authorised to provide, post or provide the Content;
(b) you will immediately comply with each and every direction we give you in relation to the Content including, without limitation, the removal or amendment of Content and corrective advertising;
(c) the Content is wholly truthful, accurate, honest, up to date and not be misleading in any way;
(d) you grant us a worldwide, transferable, non-exclusive, perpetual, sublicensable, irrevocable, royalty-free license to use, copy, adapt, modify, reproduce, process, publish, transmit, display and distribute such Content to anyone, by any means whatsoever, for any lawful purpose, and to sublicense, whether or not in exchange for payment, third parties to do the same;
(e) except where expressly stated otherwise, you also grant each user of the Ipleft Platform a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit, communicate and otherwise deal with the Content in any form for any purpose, subject to the terms of these User Terms of Use and any other policy or terms that might apply;
(f) you have the right to grant the above mentioned licenses;
(g) the Content is your own original work;
(h) the Content is not defamatory or a malicious falsehood in relation to any product, service, person or corporation, nor does it “pass off” of any Asset, person, product or service;
(i) the Content does not:
(i) constitute unfair competition or infringe the rights of any person or corporation;
(ii) exploit another person in any manner;
(iii) contain nudity, excessive violence, or sexual acts or references;
(iv) include an image or personal information of another person or persons unless you have their consent;
(v) poses or creates a privacy or security risk to any person;
(vi) contains large amounts of untargeted, unwanted or repetitive content;
(vii) contains restricted or password only access pages, or hidden content;
(viii) infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright;
(ix) the Content does not infringe any legislation or regulations which may apply and including in any country where the Content is or will be available to users of the Ipleft Platform.
5.3 Any Content you upload using the Services is public, and may be distributed anywhere by anyone, including persons other than ourselves and those to whom we have sublicensed the Content.
5.4 We may, without notice to you and without liability to you, remove, disable access to, modify, alter or otherwise amend your Content in our sole discretion. Without limitation, Ipleft may remove, amend or disable access to your Content if it, in its sole discretion considers:
(a) the Content is unlawful;
(b) the Content infringes the intellectual property rights of any third party;
(c) it is required to do so by a Court, regulatory body or any relevant authority pursuant to an order or any interim or final take-down notice; and/or
(d) the Content breaches any term of these User Terms of Use or any other conditions of access and use of the Platform.
5.5 You shall at all times remain the owner of all copyright rights in the Content uploaded by you, unless the copyright rights in such Content is owned by a person other than yourself, in which case that person shall retain the ownership of the copyright rights in the Content.
5.6 You waive any claims you may have based on any usage of the Content or the works derived therefrom including (but not limited to) claims for moral rights violations, infringement, invasion, misappropriation, identification rights or violation of intellectual property or personal rights.
5.7 You agree to hold Ipleft, its officers, directors, brokers, agents, servants, employees and assigns harmless from any misrepresentations made by you.
6 Privacy Policy and Cookies
6.1 Our privacy policy, which sets out how we will use your information, can be found at https://ipleft.com/help/privacy_policy/ and https://ipleft.com/cookie-policy-eu. By using our Platform, you consent to the processing described the privacy policy and the cookie policy.
7 Third Party Content, Advertising and Links
7.1 Third Party Content
(a) The Ipleft Platform contains content, information, files, links and other material provided by other parties (Third Party Content).
(b) Ipleft is not responsible for, and accept no liability with respect to, any Third Party Content or any other content uploaded, posted, transmitted or otherwise made available on the Ipleft Platform by any person other than Ipleft. For the avoidance of doubt, Ipleft will not be taken to have uploaded, posted, transmitted or otherwise made Third Party Content available on the Ipleft Platform simply by facilitating others to post, transmit or other make content, material or data available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
(c) Ipleft does not and is not required to monitor or make any inquiries about Third Party Content. If you download, use, access or otherwise rely on any Third Party Content you do so entirely at your own risk.
(d) Ipleft does not accept any responsibility for any communications or transactions between you and any third parties, including, without limitation, third parties that you contact using the Ipleft Platform.
7.2 Third Party Advertising
(a) The Ipleft Platform may feature or display third party advertising. By featuring or displaying such advertising, we do not, in any way, represent that we recommend or endorse the relevant advertiser, its products or services.
7.3 Third Party Links
(a) The Ipleft Platform may feature or display links and pointers to websites operated by third parties (Third Party Links). Such websites do not form part of the Ipleft Platform and are not under our control. We do not accept any responsibility in connection with any such websites. If you link to any such websites, you leave the Ipleft Platform entirely at your own risk.
(b) In relation to Third Party Links we:
(i) provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
(ii) are not responsible for the material contained on those linked sites.
8 Reliance
8.1 You use the Ipleft Platform at your own risk.
8.2 Information, material and data on the Ipleft Platform is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
8.3 You must take your own inquiries and precautions before you rely on any information, material or data on the Ipleft Platform. We will not be liable for loss resulting from any action or decision by you in reliance on the information, material or data on the Ipleft Platform.
8.4 Your decision to purchase or enter into a transaction in respect of an Asset shall be based solely on your own investigation. You accept sole responsibility for due diligence and examination and investigation an Asset and all associated information. We strongly recommend you seek professional advice in respect of Assets including advice from your legal, tax and other advisors in respect of Assets, including ownership, liabilities, financial statements, tax returns and any other facts or information which may impact your decision to transact in an Asset.
8.5 You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Ipleft Platform or your Content.
8.6 Ipleft is not responsible for:
(a) losses arising from the unavailability of, or your inability to use the Ipleft Platform;
(b) losses that are not directly caused by any breach on our part;
(c) the validity, existence, quality, suitability, completeness, accuracy or legality of an Asset;
(d) the quality, validity, truth, accuracy or completeness of the information contained in Third Party Content (including without limitation a listing), Third Party Links or Third Party Advertising;
(e) the future performance, or otherwise, of an Asset;
(f) the performance or conduct of a user, buyer or seller or third-party on our Platform;
(g) the quality, suitability or ability of a third party which provides goods or services to Ipleft or to a buyer or seller; and/or
(h) errors or omissions.
8.7 Ipleft and its directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained on or omitted from our Platform or linked from our Platform.
8.8 Users alone, and not Ipleft, are responsible for ensuring that listings and any other activities conducted on our site are lawful.
9 Disclaimer, Limitation of Liability and Indemnity
9.1 To the full extent permitted by law we disclaim any and all warranties, express or implied. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.
9.2 You will not hold Ipleft responsible for Third Party Content, Third Party Links, Third Party Advertising, user’s actions or inactions, the merchantability, future performance or fitness for any particular purpose for any Asset, service or product contained, or referred to, on the Ipleft Platform, on any Third Party Link or Third Party Advertisement.
9.3 In no event shall Ipleft be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, lost profit, loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of data, loss of or damage to reputation, loss under or in relation to any other contract, loss of opportunity, loss of anticipated benefits, suffered or incurred by or awarded against you, under or in any way connected with the Ipleft Platform.
9.4 You indemnify us and our officers, employees and agents (those indemnified), keep us indemnified and hold those indemnified harmless against any expenses, costs, loss (including consequential loss) or damage that those indemnified may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with our Platform, including, without limitation, any breach by you of these User Terms of Use.
9.5 Notwithstanding anything to the contrary herein, the aggregate liability of Ipleft to you for any cause of action whatsoever and regardless of the form of the action, will at all times be limited to AUD$100.00.
9.6 Each party must take all reasonable steps to minimise any loss it suffers or is likely to suffer and that is the subject of a claim under these User Terms of Use. If a party does not take reasonable steps to minimise that loss, then liability for the relevant claim will be reduced accordingly.
9.7 Each indemnity in these User Terms of Use is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of these User Terms of Use for whatever reason.
10 Termination, Suspension, amendment, content and User Accounts
10.1 Without prejudice to any another rights, powers or remedies we may have, we may:
(a) limit, suspend, terminate, delay access to, or prohibit access to, the Ipleft Platform and/or user accounts at any time without giving any explanation or justification;
(b) amend, modify, remove, delete, suspend, or delay content (including listings and Third Party Content) or not display content or listings;
(c) take any legal or technological steps to enforce any of the above, including steps to prohibit access to the services, Ipleft Platform and/or user accounts;
(d) take any action, including without limitation legal action against users who interfere with other users use or enjoyment of the Ipleft Platfrom, users who act against the spirit of respect of Intellectual Property Rights and/or users who act inconsistently with the User Terms of Use or any other condition of access and use of our Platform at any time;
(e) cancel, suspend, reject, delay or reduce the functionality of user accounts for unauthenticated accounts, inactive accounts or accounts where we reasonably believe the account has been transferred to another owner, is operated by a user that is not the owner of the account, the owner of an Asset, or accounts which are against the spirit of our Verification of Identity, Ownership and Assets Program;
(f) cancel, suspend, amend, mark, reject, or delay listings and any other content where we reasonably believe the content is misleading, deceptive, passes off Assets of those of others, where we suspect the user is not the owner of the Asset (or otherwise does not have authority to trade in the right) or where the content is against the spirit of our Verification of Identity, Ownership and Asset Program;
and we have no liability for any costs, losses or damages of any kind arising as a consequence of exercising any of our rights set out above.
11 Intellectual Property Rights
11.1 All logos, icons, brand names or service names identifying Ipleft as the owner and operator of the services or the Ipleft Platform are our copyright property or our trade marks or service marks or that of our licensor.
11.2 All other trade marks or service marks on this Ipleft Platform are the property of their respective owners.
11.3 You must obtaining written permission before reusing any copyrighted material that is published on this Ipleft Platform. Any unauthorized use of the materials appearing on this Ipleft Platform may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.
11.4 Except where expressly stated to the contrary all persons (including their names and images) featured on the Ipleft Platform are in no way associated, linked or affiliated with Ipleft and you should not rely on the existence of such a connection or affiliation. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Ipleft.
12 General
12.1 If any part of these User Terms of Use are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these User Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
12.2 You must not assign these User Terms of Use without our prior written consent, which will not be unreasonably withheld.
12.3 We may assign these User Terms of Use at any time. If we assign these User Terms of Use, we will notify you of the assignment.
12.4 No delay or failure by either party to enforce any provision of this Agreement will be deemed a waiver or create a precedent or will prejudice rights. No waiver by either party will be effective unless it is in writing and signed.
12.5 These User Terms of Use will be governed by and interpreted in accordance with the law of Queensland, Australia, without giving effect to any principles of conflicts of laws. You agree to the jurisdiction of the courts of Queensland, Australia to determine any dispute arising out of these User Terms of Use.
(C) Ipleft Pty Ltd, Queensland Australia 2022.
