WhipPass General Terms and Conditions of Service
Please ensure to review the WhipPass Terms and Conditions, as WhipPass recommends that the user does not agree to use our services until the user has assessed them and are in agreement with its contents. If the user is engaged with, or has been engaged with, WhipPass for service provision, it is assumed that the user has accepted the terms set forth in these Terms and Conditions. When we say “We”, “WhipPass”, WhipPass.com”, “whippass.com”, “us”, “our” or “our service” we are referring to WhipPass and its services. References to “user”, “customer”, “client”, “member”, “you”, “your” and the like, refer to you (the user) and your agents.
These Terms and Conditions can change at any time. It is important that users checks back regularly for updates to the Terms and Conditions. The users’ continued usage of WhipPass’s website or services implies the users’ acceptance of any subsequent updates or additions to these Terms and Conditions.
WhipPass’s Liability is limited to the amount paid by the user to WhipPass for services rendered.
Fair Use Policy
WhipPass applies a Fair Use Policy to its websites and services. If WhipPass judges a user to be abusing its website or associated services, it my limit or block access to our websites and services for that user.
In good faith, WhipPass believes that our services are being used for appropriate activities.
The WhipPass website or associated services should not be used to disseminate, communicate, store or transmit any of the following:
- Copyright infringing data;
- data that infringes on any intellectual property, publicity rights or privacy rights;
- data that relates to illegal business operations or schemes;
- content which is sexually-explicit in nature;
- information that contains viruses, worms or malicious elements;
- trade secret protected data;
- information that is defamatory, harassing or threatening;
- data that contains deliberately misleading, incomplete or deceptive content; or
- any content deemed inappropriate by WhipPass
WhipPass makes every effort to ensure that its website and all of its services are online twenty-four hours a day, seven days a week. However, this may not always be possible to maintain. There are times when the WhipPass websites and associated services may be down. When some or all of our services are offline WhipPass will do its best to rectify the problem as soon as possible. WhipPass will not be held responsible for damages or losses directly or indirectly related to our websites or services being offline.
Service Level Agreement
WhipPass aims to provide at least 99% up-time on all of its websites and services. We may enlist the services of third-party hosting companies and service providers, all of whom provide industry-standard business-level service levels. WhipPass cannot make any guarantees as to the up-time provided by third-party hosting companies and service providers.
WhipPass will not be held liable for any action or inaction relating to our service. We provide a quality service. WhipPass believes that its websites are secure from the actions of hackers, viruses and other problems on the internet, but can make no guarantees. If a website is offline then please contact WhipPass immediately and every effort will be made to alleviate the problem as soon as possible. WhipPass will not be liable for loss of sales, leads or reputation from using our services.
Disclaimer of Warranties
WhipPass does not give any warranty in respect of our services other than what is implied by law.
If a clause or part of a clause within these Terms & Conditions is read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause within these Terms & Conditions is illegal, unenforceable or invalid, that clause or part thereof is to be treated as removed from this document, but the rest of this document is not affected.
The parties will, in good faith, attempt to resolve any dispute, claim or controversy arising out of or relating to a Service Level Agreement by negotiation. Either party may initiate negotiations by providing written notice in letter-form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within five business days with a statement of its position on, and recommended solution to, the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet at a mutually agreeable time and place (real or virtual). This meeting will take place within twenty days of the date of the initial notice in order to exchange relevant information and perspectives, and attempt to resolve the dispute.
If the dispute is not resolved by these negotiations, the matter shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.
If the dispute or difference is not settled within forty-five days of the submission to mediation and provided such period is not extended by consent of the parties, it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitration.
Notwithstanding the existence of a dispute or difference each party shall continue to perform the Service Level Agreement.
This clause shall survive any other agreement.
This website is governed by the laws of the state of Western Australia, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction.