User Terms & Conditions
Agreement means this Agreement and includes the descriptions of parties, recitals, schedules and annexures to the Agreement.
Stampii means the entire computing hardware and software installation that is or supports the Stampii Card and the Stampii Application.
We means Stampii Pty Ltd.
Acceptance of Terms
By registering and/or using Stampii, you consent to the terms of this Agreement.
Amendment of Terms
Amendment of Terms
We grant you a non transferable, non-exclusive right and licence to access and use Stampii for personal and non commercial purposes. Stampii reserves all other rights.
We may, from time to time, update or modify Stampii, in which case we may (but are not obliged to) make available to you. If an update is provided in respect of Stampii, this Agreement will apply unless we specify otherwise.
You are not permitted to sublicense or transfer any or all of your rights under this Agreement, including, without limitation, access to Stampii.
Restrictions on use
You must not, and must not permit any third party to:-
access or duplicate all or any part of Stampii;
use Stampii for any other purpose outside the scope of this Agreement;
reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract any source code of Stampii;
defeat or circumvent, attempt to defeat or circumvent or authorise or assist any third party in defeating or circumventing controls on the use of Stampii; or
engage in any conduct or activity that may cause damage to Stampii, disrupt access to Stampii or otherwise interfere or affect the performance of Stampii.
This Agreement shall continue in full force until the earlier to occur of:-
either party providing written or electronic notice of termination to the other party; or
we elect to terminate your access to Stampii, with or without notice.
Termination by Us
We are entitled to terminate this Agreement in the event that we, in our sole and absolute discretion, determine that you have breached this Agreement, threatened to breach this Agreement or breached any of our policies from time to time.
Survival of Rights
Clause 2., 3., 6., 7. and 8. of this Agreement, shall survive any termination of this Agreement.
We may, from time to time, provide links to third party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you and do not constitute an endorsement by us of the content of such third party sites nor of the business practices of such other businesses, entities or individuals. You acknowledge and agree that we shall not be liable in any way for those links, nor for any loss or damage arising from your use of any such website or link.
Stampii is provided on an "as is", "as available" basis. You acknowledge that Stampii, due to its nature, cannot be guaranteed to be error free.
Except as specifically stated herein, or as contained in any express warranty provided in respect of Stampii, this Agreement does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of Stampii or any contractual remedy for its failure.
We are not a party to any transaction between you and any store, retailer or business with which Stampii has a business relationship, and as such, any disputes regarding purchases, rewards or any other aspect of any transaction or other commercial dealing is solely between you and such third party;
Our services are administrative in nature and we are not responsible for ensuring that any third party honour any reward, loyalty or other obligations such third parties may have towards you.
Except to the extent of the Australian Consumer Law:-
We will not be liable to any party in any way for any injury, loss or damage arising out of or related to the use (or the inability to use) Stampii;
We will not be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, corrupted programs or data, deleted programs or data or the cost of servicing or repairing equipment.
Nothing in this Agreement is to be interpreted as excluding, restricting or modifying the effect or application of any legislation that cannot be so excluded, restricted or modified.
You shall not directly or indirectly copy or reproduce all or any part of Stampii application or the Website, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. You shall use the Stampii application solely for its intended purposes and shall not use the Stampii application for the benefit of any third party except as specifically contemplated under this Agreement. You shall not use the Stampii application to post, transmit, convey, submit, distribute, store or destroy any content, photographs, descriptions, drawings, content, audio materials, text, messages or other information (collectively, "Posted Information"): (a) in violation of any applicable law, statute, ordinance or regulation; (b) in a manner that will infringe the intellectual property rights of others; (c) that is defamatory, obscene or trade libelous; (d) that contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) that is false, misleading or inaccurate in any way; or (f) in violation of the any acceptable use policy or other policy posted at the Website or within the Stampii application from time to time. You shall not violate or attempt to violate the security of the Stampii application. You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Stampii application, including, without limitation, any of the software comprising or in any way making up a part of the Stampii application. In addition, You will not export, re-export or permit any third party to export or re-export, directly or indirectly, the Stampii application where such export or re-export is prohibited by applicable law without appropriate licenses and clearances. You shall defend and indemnify Stampii and Stampii Pty Ltd, at Your sole cost and expense, from and against any claims, damages, liabilities and/or expenses arising out of Your breach of any of Your obligations or representations set forth in this clause.
This Agreement constitutes the sole and entire agreement between the parties and a warranty, representation, guarantee or other term or condition of any nature not contained or recorded in this Agreement is of no force or effect.
The parties warrant that they have made their own enquiries in respect of the matters contained in this Agreement and do not rely on any representation by any party or any other person whatsoever.
Nothing in this Agreement merges, extinguishes, postpones, lessens or otherwise prejudicially affects any right, power or remedy that a party may have against another party or any other person at any time.
No provision of this Agreement which requires action by a party after completion shall merge on completion.
The failure, delay, relaxation or indulgence on the part of any party in exercising any power or right conferred upon that party by this Agreement does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under this Agreement.
If any provision of this Agreement is invalid and not enforceable in accordance with its terms, other provisions which are self-sustaining and capable of separate enforcement without regard to the invalid provision, are and continue to be valid and enforceable in accordance with their terms.
Governing law and jurisdiction
This Agreement is governed by, and is to be construed in accordance with, the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts.
Relationship of the parties
Nothing in this Agreement will constitute or be construed to constitute a party as the partner, agent, employee or representative of any other party or to create any trust relationship between them.
For any questions relating to our User Terms & Conditions please email us at:
support [at] stampiiapp.com