Report on LookPrior Terms of Use

IMPORTANT NOTICE RE: UPDATED TERMS OF USE: Effective Jun 6, 2020, the Services (as defined below) will be provided to you by LookPrior, Inc. LookPrior, Inc., will also be the applicable data controller from Jun 6 2020.

LookPrior Terms of Use
 

1. Introduction. Welcome to www.LookPrior.com. Thanks for visiting our site. In this site we posted out terms of use, the privacy policy and terms for mobile device so that you can access and use our site, applications, tools and services that we provide. In order to find overview of all the policies you can click here. In these terms of use, we had incorporated mobile devices terms and privacy policies. If you want to use our services and to access to our applications, you have to fully agree with all the terms of use and privacy policies. These services are given to you by the company “LookPrior”, “we” “our” or “us”. These services took effect from June 6,2020. And effectively will be given to you from June 6,2020 by LookPrior.Inc

2. Your Account. In order to access our applications and services, you have to register yourself with our site and to make an account using your email address or Facebook account and also create a password. Whatever email address you are going to out will be your email address and the password you are assigned to will be all your responsibility for having the confidentiality of the password and only you are the one who is solely responsible for all this. And only you will be responsible for all the activities that will be happening inside your account. The third-party service like Facebook and twitter are now connected to our services and now you are allowing us to have access and to use the information from these sites as the service will mention after and will also be explained in our privacy policy later. In other case where you will think that your account is misused then you can contact us frequently at LookPrior customer support.

3. Using LookPrior. In order to access to our services, you must reach age of 18 years old. You are here agreeing that you will only post connections with goods or services in Australia in an area of appropriate category and here you are assigning to agree that you will not do any of following activities;

·         Violation of laws of Posting Rules

·         Incorporate any third party right

·         Misleading or misused activities

·         Posting of abusive terms

·         Threat posting

·         Posting of defamatory, obscene material

·         Link with r sharing contents that contain chain letters or spam communities or scheme pf pyramid.

·         Distribution of bugs and viruses in the site that can harm LookPrior, their services, applications and property of using of LookPrior users

·         Inference with proper working environment of the services or imposing load on our infrastructure

·         Posting someone else content with them knowing or mentioning, copying it, or modifying it without their consent

·         Use of automated ways like robot spider or scraper to access to our services and without any written permission collecting the content of any topic.

·         Collecting or stealing the information of any user like email address without them knowing about it

·         Use of bypass techniques in order to prevent access to the services or applications

4.        Abusing LookPrior Services. In order to make the community safe and to have the proper working environment, LookPrior along with the community struggle hard to keep everything in place. We want you to report any kind of issue, any content that is offensive and other breaching policies with the help of use of reporting system in our site. For every information that you will give to our community you will the one responsible for it and the results that are going to happen because of your posts. We are able to delete or take down any content that is breaching our terms of use or we think is inappropriate. It is in our hand to refuse usage of any user or to restrict their account if we want to or temporarily or permanently block their services or to inhibit their registration. We can also limit there remedies but without limiting it we can also issue them warning notifications, or we can terminate access to our services, r to remove those content and can also take technical or legal steps in order to keep the user off the services when we think that they are causing threat or any other issue and are acting continuously against our community policies and services. We are expecting that there will be no use of the services by the user himself, we will not allow liability for monitoring our services or any unlawful content regarding our services that we provide. You here are accepting that LookPrior is not under obligations to monitor data or content.

5. Global Marketplace. There are some features in our services where your ads can display on some other sites like global ebay community or some classified sites in other countries too. Here you are agreeing that we can display your ads in other countries site. Terms of use on other sites will be same as these terms but there might be the possibility of additional restriction according to respective country laws where your ad is going to be posted. If you are agreeing that your ad can be posted in other countries site you are also ensuring us that your ad will not cause violation to their sites too. We will restrict your ad or maybe remove it is we will come to know that your ad is causing violation or any other issues to the site.
6.  Fees and Services. If you are using our services it’s free but we do charge for some features in our services. If you are going to use any services that are going to charge you, you have to agree and accept that charge before purchase. If your ad is going to be paused at any stage, it will not cause pause in features that you had agreed to. Charges we take are in dollars of Australia but sometimes we are able to change the pattern of charging the fee. You can come to know about changing in fee pattern by our site, we will post changing on our site. We can also change fee pattern temporarily in order to check or test something or to add new features in services. When the feature is supplied to you, our fee will be nonrefundable. And it is your responsibility to pay them when the due date is arriving. If you cannot do so, we have to restrict your use of services. We can also use collection mechanism in order to get your charges when your payment method fails or any other issue is creating is sending fee. This many include third party debt collecting help. Taxes of the country will be collected where ever necessary or applicable. You are agreeing to give us that proper information regarding that will be important for LookPrior will be given. Taxes because of the sale of the feature or services are the responsibility of the user to collect and remit as mentions in LookPrio services.

7.        Content. Content from you and other users and the content that we personally provide is on the LookPrior services. This site is protected from copyright issues and treaties from other countries. Content that will be displayed here will be protected from issues of international treaties and copyright problems as a collective work under compilation of the LookPrior services. You are here agreeing not to copyright the content, distribute or modify the existing content of the services without our trade mark or any express of our site or written consent. You are agreeing not to sell or resell or copy any purpose or any aspect of the services other than own content. When you give us content, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future. You will follow all the moral rights in the content or by permitted by the law to its full extent. Where ever we will suspect any violation of terms of use we have right to remove that content as soon as we want.

8. Reporting Intellectual Property Infringements (Verified Rights Owners - VeRO). Any content that infringes the rights of third part like Facebook or twitter are not allowed to be posted. Any content that infringes on property rights of the site like trademark or copy right that can may include offering some item for sale. Where ever we will suspect any violation of the laws of the site or terms of use, we can restrict or remove that content immediately. If you think that someone infringes in your content or copyright or trademarks or any other property rights and you have good faith on that, all you have to do is to download our NOCI that is notice of infringement, form is available here, you just have to fill it out and email it to the email address that will be available in the form. The owner of intellectual property right can go through the form and can test the infringing items along with going through LookPrior’s VERO program. When your first form is received by our site, we will enroll you in this program and we will inform you about how to send future reports electronically. We will share complete NOCI with the third party that actually originally posted that listing i=of infringement in accordance with the law that is applicable.

9.  Third Party services on LookPrior. You’re the purpose of financial transaction in our services you can may facilitate by PayPal payment gateway. When PayPal account get linked with your own personal account, you can buy and sell while using our services in this regard. It is hereby notifying that by using any third party like PayPal you are also agreeing to their term of use along with our terms of use because you are utilizing the third service through our service. You are therefore bound to follow all the rules and terms that are mentions in third party and otherwise we will not be responsible for any loss that you will face, or any claim and damage that can may arise due to linkage with third party services.

You are indirectly making LookPrior as your limited agent by linking any third party like PayPal to our services.

a)       PayPal will have your name, address, amount of payment, item details, category of the object and other information that PayPal will need to enable themselves in order to process the payment method from your account of PayPal

b)      At the time of payment transaction by PayPal, you will receive payment confirmation or decline notices from PayPal.

You are indirectly making LookPrior as your limited agent by linking any third party like PayPal to our services. We as your limited agent will accept your appointment when the PayPal account will be linked to your account. We undertake those activities described above. When your account will cease its link with the third party, our appointment as your limited agent will also get terminated immediately.

If there is any fight or any dispute between you and PayPal, or buyer or seller, kind of dispute that are not arose directly through our LookPrior services, regarding any transaction of the fee or payment on your account of PayPal, we will not be responsible from any kind of claim or damages of any nature or kind, known or maybe unknown on the way of these disputes. Our officers, directors, joint ventures, employee and every other facility is not responsible for such damage that may cause because of dispute between you and PayPal.

Our services will not be able to approach all of your given information in PayPal account or financial details that you put there. When the customer pays the seller through PayPal, there is not a time that LookPrior is holding any fund after that. Funds are directly on their way from buyer PayPal account to seller PayPal account in spite of the deduction of relevant PayPal fees and charges. When you link the PayPal services to our services, you are accepting all of the terms of use of the PayPal account that you had accessed to our services. And you are responsible and you must have to agree all the terms of use of that services too. We will not be responsible from any kind of claim for damages of any nature or kind, known or maybe unknown on the way of these disputes. Unless such claim or loss is directly related to our services or is the result of any error in our services, in this case our liability is accordance to the clause 11 and is also limited.

10. Legal and Financial Advice. You ae agreeing and accepting that you have the chance to get legal or financial advice from any certified professional adviser that will take importance of your personal goals, financial condition and needs before buying or selling any object through our services. You are independent to get any professional advice in this regard.

You acknowledge that the data which is provided by pour services about the relation with PayPal services is just factual and we are not giving any statement of opinion or forcing or influencing your decision on whether you should use the third-party services or not. And this also not rely on how we are presenting the services in advertising material, instruction, policies, recommendation statement, opinion statement or advice for financial product.

11. Limitation of Liability. In this clause 11, nothing excludes, modifies any rights or anything guarantees that you are under those applicable laws that cannot be restricted under Australian costumer law.

Services will be there provided to you. You agree that you will not point us responsible for things or content that other users will post. You just have to report about such content and we will be responsible to take further steps in this regard. We are guarantying you about the appropriate content or the accuracy of the posting material because here most of the content is posted by other users. We will not guarantee the quality, safety of the community of the user that is offered to you. We are here are making reasonable efforts to make our services uninterrupted, we are not guaranteeing this and also permitted by the law, we are not giving any promise to you or any warranties mentioned or implies about the availability of some services features that the service will be uninterrupted or will be free from any error. Functionality notification are not actually for the real time. Functionality can be delayed far from our control system including problems because of our limited approach because of physical location, or due to wireless data services provided by the network, delay in time or latency may occur. We are not responsible for posting of any unethical, abusive, unlawful, indecent information or content or the material of any kind by the user of the service who violate our rights of terms of use. Encouragement in conduct tat can include criminal offense, that can give rise to liability of the civil. You being under the law of Australian consumer, to the extent of permitted law, LookPrior services under the circumstances of any error related to any cause will re give you the feature provided or will pay you the cost of those services supplied again.

12.  Indemnification. We here are reserving the right at our own cost to suppose defense and control and maintenance of any matter of the subject that is informed by you, but if we will do this, it will not excuse your indemnity obligation. From any claim that will be made by any third party, along with the amount payment of any third party maybe in statement or awarded, we will indemnify and hold safe LookPrior with our respective officers, directors, agents, and employee.

14. Release. You are agreeing to release us in case of any dispute of you with any other user of our services along with the release of officers, directors, joint ventures and other employee from all of the claims, damage or demands of any kind or any nature, maybe known or maybe unknown, that are directly or indirectly linked with the dispute.
15. Personal Information. By exploring and having facilitated by our provide services, you therefore accept to the collection, storage, transfer and use of your internal data by us

(the “data controller”) installed on servers which are situated in the United States and also in the European Union as further explained in our privacy policy

16.   Severability. If a change of these Terms of Usage is found to be illegal or unenforceable in any referential jurisdiction, it might be discontinued for the reason of that jurisdiction parameter without bring any effect to the enforceability of the provision present in there inside the terms of use

17.   General. These conditions of use including other constraints printed on the services set out the whole acceptance among LookPrior and you, over changing any other agreements take place before. From the tenure of 1 July 2017, this term of acceptance is managed under the laws of New South Wales, Australia. We both respond to the non-exclusive jurisdiction of the courts situated in New South Wales, Australia. if we don’t implement any selective provision, we are not withholding our right to do so later. If a strike comes from the court to any of these terms of Use, the left-over terms will face no damage. We might assign automatically this acceptance paper in our sole discretion in the light to the notice provision mentioned below (our assignment to an affiliate will not be in need of any notice). Which does not include the notices in the respect of illegal or infringing content posted, notices by the user must be send through a registered email to.

LookPrior AU Pty Ltd

C/- Marque Lawyers

Level 4, 343 George Street

Sydney NSW 2000

Australia

The notices will be sent to you via the email address you will be giving us, or by the mail registered. It will take five days for the mail to be received after it is mail if the notice is sent via registered mail.

We can alter this consensus at any moment, with the changes taking its implementation when you use the site next after the provision or after 30 days, no else changes to this consensus can implemented unless there is a written, signature by you and us.

Send questions, comments or complaints to LookPrior Customer Support.
 

 17.   Mobile Devices Terms. If you require LookPrior Services via a mobile device you will be needing a LookPrior Mobile Application  (the “Application”), the upcoming terms and conditions (“Mobile Devices Terms”) will be applicable to you in stacking to the implemented Mobile Privacy and Legal Notice or End User License contract, as the scenario may apply as. The use of the application will confirm your availability and acceptance of contract of these Mobile Devices Terms.

a)      Application Use. LookPrior provides you the permission to facilitate themselves with the Application for their personal use. In order to use the application, you have to comply with all given laws and third-party terms of contract when using the services of Application (e.g. your wireless data service agreement). The Application might not involve the similar attributes available inside the www.LookPrior.com.au website. The use or download of this application is in your own discretion and risk and you are totally responsible for any failure to the hardware devices(s) or the event of losing personal data that might be a result after the download or the usage of application

b)      Intellectual Property – Applications. Look Prior have power or has the licensee to, all rights, title, and interest in and to its Applications which involves all permissions under patent. copyright, trade confidentiality, trademark, and including all other proprietary rights, which involves all applications, renewal of license, extensions, and restorations thereof. You are not allowed to modify, copy, translate, develop derivation process from, decompile reverse-engineer. Put into parts , or otherwise the action to change source code from any other technology and you are not allowed to remove, obscure , or update Look Prior’s copyright notice, trademarks or other proprietary rights notices are attached to , accumulated within , or allowed accessed in connectivity with or by any Look Prior Application.  

c)       Prohibited Countries Policy and Foreign Trade Regulation - Applications.

Look Prior Application or their underneath structured technology cannot be available for download to or exported or re-exported: (a) into(or to a resident or national of) residing in Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other nation which are listed in United States embargo: (b) to any host on the US Treasury Department’s data of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; and (c) to any non-authorize country, end-user, person or any entity listed according to the US Export Laws. When processing a Look Prior Application you are entitled for corresponding with trade regulation and also foreign and domestic laws (e.g. you are not a resident of a country which in listed to a US Government embargo, or that has been placed by the US Government subjecting as a “terrorist supporting” nation , and you are not in list in the US Government list of prohibited or restricted parties

18. Additional Terms. Further terms and regulation the entitle to you are based on the mobile devices in which the application is installed on iOS – Apple

1.       The following Terms for Mobile devices are a consensus among you and LookPrior, which does not include and Apple. Apple is not the caretaker for the Application and content inside

2.        LookPrior provides you the right to facilitate with the Application only on an IOS running product you own or have control on it and as allowance granted according to the Usage Rules set forth in the App Store regulations and Services

3.       Apple has no responsibility whatsoever to change any maintenance and support process with accordance to the Application

4.        Apple is not entitled for the investigation, defense, settlement, and discharge of any unwanted third-party property contravention claim.

5.       Apple is not entitled for concerning against any claims by you, or any third party which relates to the Application or your control and/or facilitation of the Application which involves although not limited to. (a) product durability claims (b) any such claim that the Application doesn’t coup with any applied legal or regulatory needs. And (c) claims coming under the banner of consumer privacy protection or legislation of similar kind.

6.       In the time of any failure of the Application to assure to any applicable warranty. You should inform Apple, and Apple will process the refund price of the purchased entity, If Applied, for the Application to you and to the wider spectrum allowed according to the applicable law, Apple will be waived from other warranty obligation whatsoever with accordance to the Application

7.       Apple and Apple’s other subsidiaries will be third party beneficiaries of these Mobile Devices Terms, and, upon your consent, Apple as a third-party beneficiary thereof will own the regulation (and will be deemed to have accepted the right) to implement these Mobile Devices Terms against you.

Windows – Microsoft of LookPrior Terms of Use

1.   The following Mobile Devices terms are a consensus among you and the LookPrior, Microsoft is not a party. The terms of use and the applied privacy policy of Microsoft and, where applied, the operators of network which provides services of billings for the Windows Phone marketplace are not entitled to the use of your Application

2.   You may not install and use one which is (1) Copy of the same Application on up to the count of five 5 devices you have control or comes in your personal possession and which are connected with a Live ID of Windows along with your Windows Marketplace account. You cannot install or use a copy of the Application on an uncontrolled device or in a device which you don’t own

3.  being your device manufacturer and your wireless carrier, Microsoft are not liable to give you support services of the application.

4. Microsoft as a wireless carrier will not give warranty in relation to the application that is distributed through each of affiliates or the suppliers. Under the permission of your local laws, the disclaiming distribution exclude those warranties under the conditions like fitness of particular purpose, non-infringement.