The Wrappt app (App) is owned and operated by Wrappt Pty Ltd ACN 627 075 236 (Wrappt, we, us).
By downloading and installing the App, you agree to be legally bound by these terms of use (Terms of Use). If you do not agree to be bound by these Terms of Use, you must immediately stop using this App and uninstall it from your device. These Terms of Use incorporate our Privacy Policy, and govern your access to and use of the App.
2. Changes to these Terms of Use
We may modify these Terms of Use at any time and will notify the registered user with the updated terms via email. It’s important that you review the Terms of Use whenever we modify them, because if you continue to use the Services after the effective date of the changes, you agree to be bound by the modified Terms of Use.
If you do not agree to be bound by the modified Terms of Use, you must immediately stop using this App and uninstall it from your device.
3. Information about the App
This App allows users to film and save video footage directly to a smartphone (provided it is a Compatible Device), and if you are an approved user, upload the footage to the Wrappt Cloud and/or send to the Wrappt team for editing.
4. Registering for a Wrappt Account
If you register for a Wrappt Account, you will be able to access more extensive features, such as the ability to purchase our Services.
You can register for a Wrappt Account by completing the registration process via the App or via the Wrappt website.
If you register as the account owner, you may invite other users to your organisation and provide them with a certain access level.
It’s important that you ensure that the information you provide us for your Wrappt Account is accurate, complete, and up-to-date at all times.
5. Wrappt Cloud
While you have a current Wrappt Account, we will give you access to our Wrappt Cloud facility, which you can use to upload and store files as you wish (subject to clause 8). You can also manually remove files from the Wrappt Cloud.
Your access to the Wrappt Cloud, including all features and storage will be limited to the type of plan you choose.
We recommend that you keep a back up copy of your files outside of the Wrappt Cloud. Wrappt adheres to best practice policies and procedures to prevent data loss, but Wrappt does not make any guarantees that there will be no loss of data.
If your Wrappt Account is suspended or cancelled for any reason, you will lose your access to Wrappt Cloud.
We may permanently delete User Materials if the associated Wrappt Account has been cancelled or has been inactive (no user logins) for more than 12 months.
6. Services
If you have a Wrappt Account you can purchase additional Services from us on a Prepaid or Pay-as-you-go basis.
If you purchase Services on a Prepaid basis, you will be required to purchase Credits up front, which can be used to purchase Services on the App. Prepaid Credits are non-refundable and will expire 24 months after the date of purchase. Wrappt will assess on a case by case basis whether or not Credits may be extended past a 24 month period.
If you purchase Services on a Pay-as-you-go basis, you will only be charged once for the specific Service you purchase.
All prices quoted are in Australian dollars and are exclusive of GST. You warrant that the credit or debit card, or account or other payment method which you nominate to use is your own or that you are fully entitled to use that card, account, or other payment method. We reserve the right to obtain validation of your payment before granting you Wrappt Account access.
7. Service prices and Product details
If you place an order for a video editing Service, we will endeavour to provide you with a draft video for your review within two (2) Business Days from you providing us with the necessary raw footage and instructions.
When presented with a Deliverable for review, you may request up to one (1) revision to the Deliverable at no additional cost if the revision requests are within the scope of your original instructions.
If you request additional revisions, or revisions which are outside the scope of your original instructions, we will notify you of any additional charges that may apply, and will proceed with the work only if you accept the additional charges.
The Deliverable will be deemed accepted by you unless you notify us within 30 days of delivery with any revisions or other issues.
We use our best efforts to ensure prices, descriptions and specifications are correct, however, if we discover an error in any order you place, we may contact you to let you know about the error and give you the opportunity to cancel your order with a full refund or place a corrected order.
8. User Materials
This section applies if you submit a project via the App, upload files to the Wrappt Cloud, or otherwise provide or make available to us any materials (User Materials).
You grant to us a non-exclusive, revocable, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate your User Materials for the reasonable purposes of providing you with the Services you have requested, including the right to sub-license those rights to others as reasonably necessary to do so. You warrant that you have the authority to grant us this licence.
We may with your specific permission use your User Materials for reasonable marketing purposes.
You warrant that:
the User Materials do not infringe the rights of any person (including intellectual property rights), and that the User Materials are not defamatory and do not breach any law; and
where User Materials include Personal Information, or an image or video of another person, you have first obtained that person's consent (or parent's consent, if the person is under the age of 18) before uploading or submitting the User Materials.
9. Your conduct
You must not:
use the App in breach of any laws or regulations;
use the App to harm, abuse, harass, stalk, threaten or offend others; or
interfere with or disrupt our operation of the App.
Without limiting the above, you must not:
use any automated method or process (including data scraping or scripts) or circumvent any security measure on the App to obtain information about other users of the App, or to obtain a copy of any material belonging to other users; or
do anything which will or may damage, disrupt access to or interfere with the proper operation of the App.
We are not responsible for, and accept no liability with respect to, any material uploaded, posted or otherwise made available on the App by any person other than Wrappt.
You agree to indemnify us and each of the officers, employees, agents, contractors, suppliers and licensors (collectively the Affiliates) of Wrappt in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms of Use, on the part of you or any of your Registered Users or Affiliates.
We may temporarily cease, interrupt or withdraw your access to the App for any reason, including for upgrades and maintenance of the App.
We do not warrant that your access to the App will be uninterrupted or error free.
To the fullest extent permitted by applicable law, we do not accept liability for any claims or losses arising directly or indirectly from:
a failure to provide any part of the App;
corruptions to or loss of data, errors or interruptions occurring in the course of using, or as part of, the App; or
the acts or omissions of any other users of the App.
10. Termination or Suspension of Use
We may suspend or terminate your access to the App at any time without notice, if we reasonably consider you have breached these Terms of Use.
11. Linking and Third Party Content
The App or Cloud may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals including other service providers (Third Party Websites).
Third Party Content and Third Party Websites are not under the control of Wrappt. We do not endorse, approve, guarantee or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.
Links to Third Party Websites are provided for your convenience. We are not responsible for the privacy or security practices of Third Party Websites. Third Party Websites should have their own privacy and security policies, which we encourage you to read before supplying any personal information to them. If you use or rely on Third Party Content or Third Party Websites, you do so solely at your own risk.
12. Disclaimer and our liability
With the exception of any applicable right or guarantee you may have under the Australian Consumer Law and any equivalent state or territory legislation, or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded (Consumer Guarantees), Wrappt excludes:
any term, condition or warranty that may otherwise be implied into these Terms of Use; and
any liability for loss or damage incurred as a result of or in connection with your inability to use or access the App or Wrappt Cloud facility at any time.
To the extent permitted by law, the maximum aggregate liability of Wrappt for any and all claims whether in contract, tort (including negligence), breach of statutory duty, or otherwise, is limited to the total amount you have paid to us for the Product or Service to which the claim relates.
Our liability in respect of any breach of, or failure to comply with, any applicable Consumer Guarantee is limited to:
the supplying of the services again; or
the payment of the cost of having the services supplied again,
unless:
the goods or services supplied are goods or services 'of a kind ordinarily acquired for personal, domestic or household use or consumption', as that expression is used in section 64A of the Australian Consumer Law;
it is not 'fair or reasonable' for us to rely on such limitation in accordance with section 64A(3) of the Australian Consumer Law; or
the relevant Consumer Guarantee is a guarantee pursuant to sections 51, 52 or 53 of the Australian Consumer Law.
13. Our Intellectual Property Rights
All material on the App, including the text, information, graphics, logos, design, layout, training resources, downloads, videos, and pricing (Wrappt Content) is owned by or licensed to Wrappt. You must not distribute, sell, or publish Wrappt Content for any purpose other than as allowed under these Terms.
14. Jurisdiction
These terms and conditions are governed by the laws of Queensland, Australia.
15. Definitions
In these Terms of Use:
Business Day means a day on which trading banks are open for business in Brisbane, Australia, excluding a Saturday or Sunday.
Compatible Device means a device that meets the minimum technical requirements for installing and running the App, as posted by us on Appstore, Google Play or other relevant platforms as user information for downloads and updates.
Intellectual Property Rights means all intellectual property rights, including copyright, inventions, patents (including patent applications), trade marks (whether registered or not), designs (whether registrable or not), domain name licences, know-how, trade secrets, and includes the right to register any intellectual property rights.
Fees means the total fees for any Products or Services purchased by you.
Personal Information means information or an opinion, whether true or not, about an identified individual, or an individual who is reasonably identifiable.
Products means the products that can be purchased from us via the App, including our filming kits.
User, you or your means a person, organisation or entity using the App.
Services means the services offered by us in conjunction with the App.
16. Contact
If you have any queries regarding these Terms of Use, please contact us via email at [email protected].
