Terms and Conditions

Valid from: 15 Feb 2021

Introduction

Thank you for choosing Wipperoz! These terms and conditions (the terms) describe what you can expect from Wipperoz Pty Ltd (Wipperoz) and your responsibilities using our services (our Services) located at https://www.wipperoz.com (Site). You agree to be bound by this Agreement from the sign up day which constitutes a contract between you and Wipperoz Pty Ltd (ACN 623 500 603), if you do not agree with any of these terms, you are prohibited from using or accessing any of our services. The materials contained in this web site are protected by applicable copyright and trade mark law. Please take a moment to read this document carefully and contact us with any questions before you use the Site. You can contact us at terms@wipperoz.com

Wipperoz may change the terms and conditions of this agreement from time to time, subject to the terms set out in the Variations to this Agreement.

Our Services

Scope our services

Basic Service

  1. Wipperoz is a marketplace of services where a user (Customer or customer) posts a job to be done (WIP) and another user (Supplier or supplier) provides the services to fulfil the WIP.
  2. The service is Subscription based and starting for Free. Please refer to the Pricing section of this website for more information about the different options.
  3. There is no charge to the Customer when posting a WIP. However when you accept a quote and enter into a contract with a Supplier for that job you will be solely liable to that Supplier for the work performed. Wipperoz accepts no liability for invoices or costs of those Suppliers which successfully bid for your job.
  4. Prior to accepting a quote the Customer should make their own reasonable enquiries and searches to ascertain the credibility and suitability of that Supplier to perform the work.
  5. The Customer is solely and completely responsible for the selection of the quote and the business transaction, including payment to the Supplier for work undertaken at your request. Wipperoz makes neither recommendations or prescribes to you the method of choice of a successful Supplier.
  6. The Customer may accept a Quote sent by the Supplier, after accepting the Quote:
    1. All other Quotes will be cancelled, refunds of any kind won't be applied to the Suppliers who sent these Quotes.
    2. The WIP will be assigned to the winning Supplier.
    3. A Work Order will be created with status "To Do" for the Supplier.
    4. The WIP will change to status "Assigned".
  7. A WIP may be in the following statuses:
    1. Pending: The WIP was created and the Customer hasn't accepted any Quote yet. Suppliers may find this WIP in the "My Work -> Browse Wips" section and apply for it.
    2. Assigned: The Customer accepted a Quote, the WIP is assigned to the chosen Supplier and the WIP will remain in this status until the Supplier starts working on it.
    3. In Progress: The Supplier moved the Work Order related to the WIP to "In Progress" and worked on it.
    4. Awaiting Customer Approval: The WIP may receive this status when the supplier finishes working on the WIP and is waiting for the customer to approve it.
    5. Pending Rate: The Customer may rate the Supplier. Refer to the Ratings and Reviews section of this agreement.
    6. Done: The WIP is archived after the Customer rates or skips the rating of the WIP.
  8. A Work Order may be in the following statuses:
    1. To Do: The Work Order was created and the Supplier hasn't started working on it.
    2. In Progress: The Supplier started working on the Work Order and moved it to this status.
    3. Awaiting Customer Approval: The Supplier finished working on the Work Order and moved it to this status for the Customer to approve the works.
    4. Pending Rate: The Customer approved the work and the Work Order is waiting for the Supplier to rate the Customer. Refer to the Ratings and Reviews section of this agreement.
    5. Done: The Work Order is archived after the Supplier rates or skips the rating of the Work Order.
  9. All subscriptions include Quotes in their plan, after all included Quotes are sent during the billing cycle, our Services will inform:
    1. a warning that you are approaching the Quotes limit of the billing cycle.
    2. a warning that you have reached the Quotes limit of the billing cycle and if you proceed sending the Quote an extra charge for it will be applied to your account and the charge will be included in the next invoice.
    3. a warning that you have reached the Quotes limit of the billing cycle and to continue issuing Quotes you must update your subscription or wait for the new billing cycle to begin.
    4. Please refer to the Pricing section of this website for more information about the different options.
  10. There are no restrictions on how Customers and Suppliers communicate, however, we highly recommend the use of the messaging system Wipperoz provides and we encourage users to keep contact details private at all times. The messages are associated with the quote sent by the supplier and can only be read by the customer who received the message and the supplier who issued it.
  11. The Customer may cancel or modify a posted WIP before accepting any Quote. In case the Customer cancels the WIP and there are active quotes associated with it, these quotes will be cancelled and refunds of any kind won't be applied to the Suppliers' account.
  12. The Customer may cancel the WIP while it is in “Pending” status. Once the WIP is in a status different to "Pending", it cannot be cancelled.
  13. The Customer may verify the Supplier by inspecting its public profile, its reviews and rate.
  14. The Supplier may verify the Customer by inspecting its public profile, its reviews and rate.
  15. The Customer may receive notifications with updates about the WIP assigned to the Supplier.

Suppliers Directory

  1. Wipperoz offers the Suppliers Directory feature to all Suppliers meeting the conditions. Please refer to the Pricing section of this website for more information about the different options.
  2. Customers may search for a Supplier in the Supplier directory without the need of posting a WIP.
  3. Customers may contact a Supplier found in the Supplier directory. Prior to contacting a Supplier, the Customer should make their own reasonable enquiries and searches to ascertain the credibility and suitability of that Supplier to perform the work.
  4. When using the Suppliers Directory and Suppliers are in contact with the Customer there is no need of sending quotes and Suppliers are allowed to engage the Customer in commercial activities.

Wipperoz Obligations

  1. Wipperoz is in no way directly involved in any transactions between Customers and Suppliers and only provides this platform to facilitate the introduction of Customers and Suppliers.
  2. At its absolute discretion, Wipperoz may refuse to allow any person to register or create an account with Wipperoz or cancel or suspend or modify any existing account including if Wipperoz reasonably forms the view that a User's conduct (including a breach of this Agreement) is detrimental to the operation of our Services.
  3. Wipperoz has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Suppliers to complete the works, or the honesty or accuracy of any information provided by the Customers or the Customers' ability to pay for the Services requested.
  4. Wipperoz has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.

User Obligations

The User is responsible for its Data, including its content and accuracy, and agrees to comply with Laws in using our Services. The User represents and warrants that it has made all disclosures and has all rights, consents and permissions necessary to use its Data with our Services and grant Wipperoz the rights in User Data section, all without violating or infringing Laws, third-party rights (including intellectual property, publicity or privacy rights) or any terms or privacy policies that apply to the User Data.

  1. The User must not use our Services with Prohibited Data or for High Risk Activities. The User acknowledges that our Services are not intended to meet any legal obligations for these uses and that Wipperoz is not a Business Associate. Notwithstanding anything else in this Agreement, Wipperoz has no liability for Prohibited Data or use of the Service for High Risk Activities.
  2. The User agrees that any information posted on Wipperoz must not, in any way whatsoever, be potentially or actually harmful to Wipperoz or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Wipperoz.
  3. Our Services are not intended for, and may not be used by, anyone under the age of 18 or lack the legal capacity to do so.
  4. Users must be natural persons, but can specify within their profile that they represent a company.
  5. Only Users may access or use our Services. You must keep your login credentials confidential and not share them with anyone else. You are responsible for the compliance with this Agreement and actions taken through your account (excluding misuse of accounts caused by Wipperoz’s breach of this Agreement). You will promptly notify Wipperoz if you become aware of any compromise of your login credentials. Wipperoz uses Personal Information as described in its Privacy Policy.
  6. The User agrees that any information supplied to Wipperoz or published in our Services must be up to date and kept up to date and must not:
    1. be false, inaccurate or misleading or deceptive;
    2. provide access to, distribute, sell or sublicense our Services to a third party;
    3. use our Services to develop a similar or competing product or service;
    4. scrape, data mine, reverse engineer, decompile, disassemble or seek to access the source code or non-public APIs to or unauthorized data from our Services, except to the extent expressly permitted by Law (and then only with prior notice to Wipperoz);
    5. modify or create derivative works of our Services or copy any element of our Services (other than authorized copies of the Software);
    6. remove or obscure any proprietary notices in our Services or otherwise misrepresent the source of ownership of our Services;
    7. publish benchmarks or performance information about our Services;
    8. interfere with our Services' operations, circumvent its access restrictions or conduct any security or vulnerability test of our Services;
    9. transmit any viruses or other harmful materials to our Services;
    10. engage in any fraudulent, misleading, illegal or unethical activities related to our Services;
    11. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
    12. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
    13. be defamatory, libellous, threatening or harassing;
    14. be obscene or contain any material that, in Wipperoz's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
    15. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Wipperoz service, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
    16. If the User is a Supplier, it must have the right to provide Services and to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment received.
    17. If the User is a Supplier, when supplying Services, agree a price before supplying any services.

Suspension of Service

Wipperoz may suspend the Users’ access to our Services and related services if the User breaches the User Obligations, if the User’s account is 10 days or more overdue or if User’s actions risk harm to other users or the security, availability or integrity of our Services. Where practicable, Wipperoz will use reasonable efforts to provide the User with prior notice of the suspension. Once the User resolves the issue requiring suspension, Wipperoz will promptly restore the User’s access to our Services in accordance with this Agreement.

Ratings and Reviews

The ratings are a collation of user review and do not constitute an endorsement or recommendation by us in connection with any Supplier or Customer. You acknowledge that in submitting any rating and/or review you will act honestly and fairly and that you will not do anything which might unfairly damage the reputation of a User or undermine the operation of the ratings system. We reserve the right to remove ratings and/or reviews from the rating system which we deem to be inappropriate.

User Data

The User allows Wipperoz the non-exclusive, worldwide right to use, copy, store, transmit, publicly display, modify and create derivative works of the User Data, but only as necessary to provide our Services, Support and any Technical Services to the User under this Agreement.

Security

Wipperoz uses reasonable technical and organizational measures designed to protect our Services and User Data.

  1. Wipperoz may use identity identification services.
  2. The User is responsible for providing accurate identification to verify the identity.
  3. Wipperoz accepts no responsibility for inaccurate or misleading information presented by the User.

Commercial Terms

Subscription Term

Each Subscription Term will renew depending on the cycle and plan selected when the User subscribed to the Service. When signing up the User will be subscribed to the Starter Plan (initially for free). Variations to the subscription are possible as set out in Variations to Service.

Fees and Taxes

Fees are as described in each plan and cycle. The User agrees that Wipperoz may charge the User’s credit card or other payment method for renewals, expenses and any other unpaid fees, as applicable. The User may change its payment method information by entering updated information through the user interface of our Services. Unless the Subscription provides otherwise, all fees and expenses are due immediately after the billing date. Fees for renewal Subscription and any other fees are displayed at the Subscription section of the User’s Account Settings. All fees and expenses are non-refundable except as set out in Variations to this Agreement

Variations

Variations to Fees

Wipperoz may change your current fees and charges at any time by providing notice in accordance with Variations to this Agreement.

Variations to Service

  1. If the User upgrades the subscription in any way, it will be charged the fees for the upgraded subscription immediately and Wipperoz provides the User with access to the upgraded subscription.
  2. If the User downgrades the subscription, it will be charged the fees for your downgraded subscription from the date of the next cycle anniversary of the Billing Date immediately following the date the downgrade becomes effective.
    1. When downgrading from a prepaid subscription to a postpaid subscription, including the free plan, a refund will be issued to the user for the balance not used.
    2. There are no refunds when downgrading from a postpaid subscription to another postpaid subscription or changing the billing cycle of a postpaid subscription.

Variations to this Agreement

Wipperoz may make any changes to this Agreement or Wipperoz’s policies at Wipperoz’s sole discretion. If we reasonably expect the change to have a detrimental impact on the User, we will give the User thirty (30) days’ notice in writing of the change. If the User does not agree to the change, it may terminate this Agreement immediately.

Date of Variation

Any variation to this Agreement or Wipperoz’s policies will be deemed effective and binding upon the User:

  1. From the date of notice; or
  2. If Wipperoz expects the variation to have a detrimental impact on the User, from expiry of the notice period, provided the User has not otherwise exercised the right to terminate this Agreement in accordance with Variations to this agreement.

Payment facility

Wipperoz uses Stripe aa third party service provider for payment services to facilitate payments of the subscriptions and fees charged to Suppliers. You agree to be bound by Stripe's Privacy Policy hereby consent and authorise us and Stripe to share any information and payment instructions required to pay your subscription and fees. You also agree to be bound by Stripe's Service Agreement.

If Wipperoz changes its Payment Provider you may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment

Dispute Resolution

  1. If any dispute, controversy or Claim arising out of or in relation to this Agreement, including with regard to the Agreement’s existence, validity or termination, arises then the User and Wipperoz agree to notify each other of the details of each matter in dispute, any amount claimed and the full details of the reasons why each matter is disputed.
  2. If any dispute arises between Users, Wipperoz encourages the Users to try and resolve the dispute directly. Accordingly, the User acknowledges and agrees that Wipperoz may, in its absolute discretion, provide information of the User as it decides is suitable to other parties involved in the dispute.
  3. Any User may refer a dispute to Wipperoz. The User must cooperate with any investigation undertaken by Wipperoz. Wipperoz reserves the right to make a final determination based on the information supplied by the Users.
  4. If the dispute involves an error in our Services, Wipperoz shall attempt to identify and correct the error in accordance with this Agreement.
  5. Nothing in this Agreement shall prevent a party from seeking urgent injunctive relief from the courts in the place of your residence.
  6. Pending resolution of a dispute, the parties shall continue to perform their respective obligations under this Agreement.

Terms and Termination

  1. Either the User or Wipperoz may terminate your account and this Agreement at any time for any reason.
  2. Upon termination if the User is subscribed to a prepaid subscription a refund will be issued to the user for the balance not used in accordance with Variations to this agreement.
  3. Termination of this Agreement does not affect any work done that has been formed between Users.
  4. Any clause capable of surviving termination or expiration of this Agreement, shall survive such termination or expiration. Such clauses include, but are not limited to Commercial Terms, Disclaimers and Limitations and Dispute Resolution.

Disclaimers and Limitations

  1. TO THE EXTENT PERMITTED BY LAW AND THE WARRANTIES EXPRESSLY STATED IN THIS AGREEMENT, ALL SERVICES SUPPLIED BY WIPPEROZ ARE PROVIDED “AS IS”, WITHOUT ANY FURTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY FOR EXERCISING INDEPENDENT JUDGEMENT IN DETERMINING WHETHER THE SERVICES ARE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. WIPPEROZ DOES NOT WARRANT OR GUARANTEE THAT USE OF OUR SERVICES WILL BE FREE FROM DEFECTS, ERROR-FREE OR UNINTERRUPTED OR THAT CONTENT LOSS WILL NOT OCCUR.
  2. TO THE EXTENT PERMITTED BY LAW, WIPPEROZ IS NOT LIABLE FOR ANY LOSSES OR CLAIMS WHETHER ARISING IN CONTRACT, TORT, EQUITY, BY OPERATION OF LAW OR OTHERWISE ARISING OUT OF THIS AGREEMENT OR OUR SERVICES EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
  3. Wipperoz specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Customers and Suppliers or You and any Third Party Service provider. This clause will continue to apply notwithstanding termination of this Agreement by either party.
  4. Wipperoz is not liable for any Consequential Loss arising out of or in any way connected with our Services.
  5. Total Aggregate Liability: In no event will Wipperoz’s aggregate liability (including, to the extent permitted by law. liability for direct Losses) exceed the lesser of:
    1. The Ongoing Investment due for the twelve (12) month period measured by the payment obligation at the time of the event or circumstance giving rise to the Claim; and
    2. The Ongoing Investment paid by you prior to the time of the event or circumstance giving rise to the Claim.
  6. Wipperoz is not involved in any transaction between Suppliers and Customers who contract their services after first being introduced by our services.
  7. We have no control over the quality, safety or legality of the items or content published on Wipperoz by any user, the truth or accuracy of any posting, the ability of businesses to provide services or the ability of Customers to buy services. We cannot censure and do not guarantee that a Customer or business user will actually complete a transaction or act lawfully in using Wipperoz.
  8. Wipperoz is capable of verifying Users' identity, however Wipperoz doesn't force Users to do so.
  9. If you have a dispute with any user of Wipperoz, you release Wipperoz (and our directors, agents, contractors, affiliates, parents, subsidiaries, and employees from claims, demands and damages of every kind and nature arising (whether directly or indirectly) out of such dispute.
  10. Wipperoz sends notifications by emails or in the application and notices regarding the status of WIPs, your user account and marketing. Emails and notifications do not represent any guarantee or endorsement of your WIPs or Work Orders. You are responsible for completing all transactions in which you participate (including monitoring the status of, and complying with all relevant legal and other obligations). We do not control, endorse or approve the services provided by Wipperoz’s users.
  11. You acknowledge and release Wipperoz in the event that you deal with underage persons or people acting under false pretense.