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Wipster’s Terms of Service and Privacy Policy

Wipster’s Terms of Service

This Terms of Service was last updated on 24 May 2018.

The key updates made were made to comply with the European Union’s General Data Protection Regulation (GDPR).  

We wish you continued and happy Wipstering!

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Storage-Based Pricing Terms

WIP APP Limited and its wholly-owned subsidiary, Wipster Inc (collectively Wipster), welcomes you as a user of the Wipster Services.  The Wipster Service provides a platform for you to share and review your work-in-progress videos, images and PDFs, subject to the following terms of service and Wipster’s Privacy Policy, which may be updated at any time (together our Terms of Service). Any amendments to the Terms of Service will be posted on our Website and will be effective immediately upon such posting. You are responsible for ensuring you are familiar with our latest Terms of Service and your continued use of our Service will be deemed acceptance of any updates. Commonly used words in these Terms of Service are defined at the end, in Section 19.

1 Description of Services

1.1.     Wipster provides a platform for content makers to share and review their work-in-progress Media Assets, as set out in more detail in this Section (Services).

1.2     You may sign up to use the Services by completing the application form on the Website or via Facebook or Google and providing Wipster with certain details.  You must complete all information requested accurately and truthfully.  Once you sign up to use the Services, Wipster will create an account for you and you will become a member (Member).

1.3     Once you are a Member you will be provided with a login and password to enable you to access the Services.  You agree not to share any of the information or resources provided as part of the Services with any other party except as specified in the Terms of Service, and you will not allow any person not employed by or affiliated with your business to use your log-in information and password to access the Services.  You are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

1.4     As a Member you will be entitled to use the Services as follows:

1.4.1     You can upload a Media Asset to the Website.  Any Media Asset uploaded will be encoded by Wipster into multiple formats to support various internet capable devices including desktop browsers, smartphones and tablets.

1.4.2     You will be able to invite a number of people to view the Media Asset (each called a Reviewer).  Wipster will send each Reviewer an individual link to the Media Asset which you wish to invite them to review which will enable the Reviewer to view the Media Asset and comment on that Media Asset.  The email sent to each Reviewer will identify you as the person who invited them to review the relevant Media Asset, brief details of the Media Asset and will enable you and Wipster to identify each Reviewer’s comments.  You will not input bulk Reviewers or use the invite function to send unsolicited emails (otherwise known as “spam”) to individuals or otherwise use the invite function to harass others.

1.4.3     Each Reviewer may comment and/or provide feedback on the particular Media Asset sent to them at any particular point in that Media Asset.  You will be advised when a comment has been made on your Media Asset and you will be able to view each comment and respond to it.

1.4.4     All Reviewers are able to see comments made on the Media Asset.

1.4.5     All Reviewer comments are collated into a “to do” list which will only be visible and available to the Member who posted the original Media Asset.

1.5     The Services may be modified, improved and/or varied by Wipster at any time and at Wipster’s sole discretion.  Any such modifications, improvements or variations will be advised to you from time to time.

1.6     The Services may also be made available to you through the APP for so long as Wipster makes its APP available, but subject to you complying with Section 18 and you having registered on the Website first.

1.7     The use of our Services is subject to a Fair Use Policy in respect of any features that not limited to a particular number, volume, amount or similar as part of that feature.

1.8     The use of our Services is subject to a Storage Limit Policy as described in Section 11.

2 Members and Reviewers

2.1     Wipster will send invitations to review a particular Media Asset to each Reviewer you identify.  Wipster is not responsible for checking or verifying in any way the identity of contact details of any Reviewer.  As a Member, you have sole responsibility for the email addresses or other contact details for each Reviewer that you invite to view and comment on any of your Media Assets.

2.2     Because one of the major attractions of the Services is the ease of use, Wipster does not require any Reviewer to log in, use a password, or otherwise identify themselves before accessing the link to any Media Asset sent to them.  You expressly acknowledge this and agree to all invited Reviewers being able to access any of your Media Assets they are invited to review in this manner.

2.3     Wipster will include a disclaimer and warning in all emails, or other communications, sent to a Reviewer inviting them to review a particular Media Asset stating that if they do not know the Member who sent the invite to them they are not permitted to review the Media Asset or comment on it, that they may not forward the link or Media Asset to any other person, and that they are responsible for the content of any comments that they make.  However, Wipster and its subsidiaries, affiliates, officers, employees and agents expressly exclude any liability including but not limited to liability for breach of confidentiality, defamation, for:

2.3.1     an invitation being sent to someone not intended to be a Reviewer as a result of an incorrect email address and/or other method of contact for the Reviewer;

2.3.2     any comments made by any Reviewer whatsoever, including without limitation any comments that are or may be defamatory; or

2.3.3     any Reviewer forwarding the link and/or Media Asset to any other person.

2.4     As a Member you expressly acknowledge the above limitations and agree that you will take all necessary steps to ensure that you are satisfied that the people that you invite to review your Media Assets are advised accordingly and will comply with your directions. The exclusion of liability in this Section does not limit anything in Sections 13 and 14 of these Terms of Service.

3 Use of Website, APP and Services

3.1      Wipster grants you a limited and personal right to access and make use of the Services through the Website and if applicable, the APP.  This right does not include any resale of the Website, APP, their content or the Services or any derivative use of the Website, APP, their contents or the Services.  The Website, APP, the Services or any portion of the Website, APP or Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, form or any of the Services) of Wipster and our affiliates without our express written consent.  Any unauthorized use terminates the rights granted by Wipster.

3.2     You shall not:

3.2.1     upload any Media Assets that will cause you to breach the storage limit of the plan which you subscribe for. Where uploading a Media Asset causes you to breach your plan’s storage limit then you must undertake corrective action as described in Section 11;

3.2.2     unless you are on a specific plan for such use of our Services (as determined by us in our sole discretion), load long-form videos including but not limited to film, movie or television content, or other large video files;

3.2.3     large or raw format image files; or

3.2.4     take any action that causes or may cause (as determined by us in our sole discretion) an unreasonable or large load on our (or our third party providers’) infrastructure or Services.  Wipster reserves the right to introduce specific size limits on Media Assets and as part of undertaking digital rights restrictions to ensure that these limits are adhered to as part of accessing and using the Services.

3.3     You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works of the Services (or any part of them) or otherwise attempt to:

3.3.1     defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Services (or any part of them), including, without limitation, any such mechanism (including the Website and/or APP) used to restrict or control the functionality of the Services (or any part of them); or

3.3.2     derive the source code or the underlying ideas, algorithms, structure or organisation form of the Services (or any part of them).

4 Intellectual Property

4.1     Wipster does not claim any right to any of the trademarks, service marks, collective marks, design rights, personality rights, copyrighted material, or similar rights (Rights) that are mentioned, used or cited on our site or in any of the materials or information generated using the Services; other than any Rights actually owned by Wipster, all other Rights are the property of their respective owners.  Your use of the Services does not provide you with any license or other entitlement to the use of the Rights of Wipster, other than for the purpose of using the Services in accordance with these Terms of Service.

4.2     We believe that Wipster’s use of the Rights in connection with the Services is legitimate and in accordance with applicable law governing the use of intellectual property; however, if it is determined that Wipster’s use or your use of any Rights infringes upon the intellectual property rights of any other party, Wipster reserves the right to discontinue the availability of any Services which incorporate the use of such infringing Rights.

4.3     Wipster acknowledges that the content and any intellectual property of any Media Asset you upload and any comments made by Reviewers (Reviewer Comments) remain the property of you or, to the extent applicable, the relevant Reviewer(s).  However, each Member and each Reviewer grants to Wipster a non-exclusive, non-transferable licence to use the contents of any Media Assets (or any part of any Media Asset); or any Reviewer Comments for the following purposes:

4.3.1     In accordance with these Terms of Service;

4.3.2     To develop the Services or any other product developed by Wipster;

4.3.3     To conduct market research;

4.3.4     To produce reports and summarise data which may be shared with Wipster members or a third party;

4.3.5     To invite Members or Reviewers to explore other Services available through Wipster or otherwise to generally promote Wipster and its services,

4.4     provided at all times that any use of such information shall be in accordance with Wipster’s Privacy Policy.  You represent and warrant that you own or have sufficient rights in all intellectual property in the Reviewer Comments and that any use of the Reviewer Comments necessary to provide the Services (including doing any of the things listed above) will not infringe the intellectual property rights of a third party.

5 Links

5.1     Wipster’s Website, APP or Services may provide links to other World Wide Web sites or resources. Because Wipster has no control over such sites and resources, you acknowledge and agree that Wipster is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.  You further acknowledge and agree that Wipster shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

6  Modifications to Services and Beta Services

6.1     Wipster reserves the right at any time and from time to time to modify (including, without limitation, any modification or redesign of the organization, look, feel, navigation or other elements of the Services, Website or APP used to provide the Services, including the addition or deletion of content or screens for delivery of the Services) or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.  You agree that Wipster shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services provided that if you have prepaid accounts fees for a period that you have not obtained the benefit of, we may (and will if legally be obliged to) refund any prepaid fees where the modification represents a substantial degradation of our Services.

6.2     From time to time, we may invite you to try Beta services at no charge. You may accept or decline any such trial in your sole discretion. Beta services will be clearly designated as such, for example as beta, pilot, limited release, preview, evaluation release or similar description. Beta services are:

6.2.1     or evaluation purposes only;

6.2.2     not to be considered as Services;

6.2.3     unsupported; and

6.2.4     not guaranteed of ultimate release as Services, or if released, may be subject to additional terms. Any Beta services trialled may be withdrawn by us at any time.  All Beta services should be treated on an “as is – where is” basis.

7 Comments; Content of Posted Information; Other Use of Website or APP

7.1     Members and Reviewers must only access and use the Website, Services and APP in accordance with all applicable laws.

7.2     All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Wipster through our Website, APP or otherwise disclosed, submitted, or offered in connection with your use of the Services, Website or APP, excluding any Reviewer Comments specifically relating to a particular Media File (collectively, Comments) shall be and remain the property of Wipster.  Wipster shall be free to use, without restriction and without compensation to you, any ideas, concepts, know-how, suggestions, or techniques contained in any Comments you send to us for any purpose whatsoever, including, without limitation, for incorporation into information provided as part of or in connection with the Services.  Wipster has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, moderate, edit, move, or delete any material posted by users on our site, in our sole discretion and without notice.

7.3     You are prohibited from posting or transmitting any advertising unsolicited emails (otherwise known as “spam”), unlawful material (including, but not limited to, material that could be considered defamatory, libellous or obscene or that otherwise misappropriates the intellectual property rights of a third party), or other material we deem inappropriate for the Website or APP.  Wipster disclaims all responsibility or liability arising from the content of any user postings.

7.4     You will not introduce and will use all reasonable endeavours (including adopting good industry practice) to prevent the introduction by any third party of any viruses, malware, trojan horses, worms, time bombs, or similar harmful programming routines to the Website, APP, Services and any other technology infrastructure utilised by Wipster.

7.5     You may not access the Services if you are a direct competitor of Wipster, except with Wipster’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

7.6     You accept we may post additional rules on the Website and APP in and around the making, dissemination and other use of any Media Assets, Reviewer Comments or Comments, and that you agree to abide by such rules as and when posted on the Website and APP.  Without placing any obligation to moderate on Wipster, you agree to follow any directions given by Wipster in respect of Media Assets, Reviewer Comments or Comments where those directions are consistent with (as determined by Wipster) the wider community of users of Wipster or if left unattended could possibly attract liability to Wipster (irrespective of your indemnity given in Section 16).

8 Membership

8.1     Membership is only available to people or parties with contractual capacity.  When becoming a Member, you warrant that you have contractual capacity and that you can legally form a binding contract that is enforceable against you.

8.2     You agree to give complete and accurate information to Wipster and to update any information that may have changed.

8.3     Wipster may contact you to verify your details if required.

8.4     Wipster reserves the sole discretion as to who may be a Member and retain the right to terminate any Membership without notice or further explanation.

8.5     You agree that if your Membership is terminated for any reason, you may forfeit any fees paid in advance.

8.6     You represent and warrant that you are not, and will not, be located in any country that is the subject of a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country and that you are not listed on any US Government list of prohibited or restricted parties.

9 Payments

9.1     You agree to pay Wipster all subscription fees, where applicable. Subscription fees are payable by Members and are set out on the Website or otherwise advised to you (for example, at the time of acquiring add-ons).  Where your account has been suspended because you have used up your available storage allocation under your relevant plan and you have not taken corrective action as described in Section 11, you will not try to circumvent or otherwise avoid the suspension to receive Services beyond what you are entitled to under your plan.  Wipster may offer you a time limited trial and/or limited functionality where no payment is necessary.  In all other cases where payment is required, payment will be made via a third party billing system.  You agree to abide by the terms and conditions of the third party billing system.  When payments are made, you represent and warrant that you are the authorised user of the credit card or other payment method.

9.2     Unless otherwise stated, fees listed and collected by Wipster are exclusive of any taxes and duties imposed by government or state bodies.  To the extent permitted by applicable laws, you are responsible for the payment of any and all taxes or duties in addition to the fees collected by Wipster.

9.3     Except for enterprise plans (which are agreed separately to these Terms of Service), pricing for all other Wipster plans is subject to change upon 30 days’ notice from Wipster. Such notice may be provided by email, and/or posting the changes to the Website or within the Service itself. Wipster is not liable to you or to any third party for any modification to Wipster’s pricing.

10 Storage Limit Policy

10.1     If a Member exceeds the Member’s storage plan limited, Wipster will warn the Member that its storage limit has been breached (Storage Limit Warning), Within 5 working days of delivery of the Storage Limit Warning (Warning Period) the Member must either:

10.1.1     remove any Media Assets that is causing the Member to breach its storage limit; or

10.1.2     upgrade to a plan that will provide the Member with adequate storage for its Media Assets.

10.2     Subject to these Terms of Service, during the Warning Period the Member’s use of the Services will remain uninterrupted.

10.3     If a Storage Limit Warning has been delivered to a Member and that Member fails to take either of the actions described above at 11.1.1 or 11.1.2 within the Warning Period, then that Member’s Wipster account will be suspended.

11 Termination

11.1     You agree that Wipster may, under certain circumstances and without prior notice, immediately terminate your account.  Cause for such termination shall include, but not be limited to:

11.1.1     breaches or violations of these Terms of Service (including, for the avoidance of doubt, the Privacy Policy) or other agreements or guidelines related to your use of the Services;

11.1.2     requests by law enforcement or other government agencies;

11.1.3     a request by you;

11.1.4     discontinuance or material modification to the Services (or any part thereof);

11.1.5     unexpected technical or security issues or problems;

11.1.6     engagement by you in fraudulent or illegal activities; and/or

11.1.7     non-payment of any fees owed by you in connection with the Services.

11.2     Further, you agree that all terminations for cause shall be made in Wipster’s sole discretion and that Wipster shall not be liable to you or any third party for any termination of your account.

11.3     In addition, you may terminate these Terms of Service by:

11.3.1     giving Wipster not less than 30 days written notice at any time; or

11.3.2     giving Wipster not less than 10 days written notice after any modification to the Services that materially affects the Services provided to you.

12 Disclaimer of Warranties

12.1     You expressly understand and agree that:

12.1.1     your use of the Services, Website and APP is at your sole risk;

12.1.2     the Services are provided on an “as is” and “as available” basis; and

12.1.3     Wipster and its subsidiaries, affiliates, officers, employees and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to any warranties under the Consumer Guarantees Act 1993 (and you acknowledge for the purpose of that Act that you are using the Services as a Business), implied warranties of merchantability, fitness for a particular purpose and non-infringement.

12.2     Wipster and its subsidiaries, affiliates, officers, employees and agents make no warranty that:

12.2.1     the Services will meet your requirements;

12.2.2     the Services will be uninterrupted, timely, secure or error-free;

12.2.3     the results that may be obtained from the use of the Services will be accurate or reliable;

12.2.4     the quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations;

12.2.5     any errors in the Services will be corrected; or

12.2.6     that any or all of the functionality of the Services will be compatible with any software or hardware used by you to access the Services.

12.3     Any material downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

12.4    Furthermore, Wipster disclaims any warranty as to the potential profitability of the use of the Services, or the potential for success of any advertising or marketing campaign incorporating any of the materials generated through the use of the Services, and you have relied upon and will rely upon your own evaluation of the market with respect to such matters and the use of the materials generated through the use of the Services.

12.5     No advice or information, whether oral or written, obtained by you from Wipster or through or from the Services shall create any warranty not expressly stated in these Terms of Service.

13 Limitation of Liability

13.1     Under no circumstances shall Wipster or its subsidiaries, affiliates, officers, employees and agents be liable to any user on account of that user's use or misuse of or reliance on the Services arising from any claim relating to the use of the Services pursuant to these Terms of Service or any other agreement between Wipster and you.  Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages, whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if Wipster or its subsidiaries, affiliates, officers, employees and agents have been advised of the possibility of such damages).

13.2     Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Services, from an inability to use the Services, or from the interruption, suspension, or termination of the Services (including any such damages incurred by third parties).  This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised as part of or in connection with the Services, Website, APP or received through any links provided in the Services, Website or APP, as well as by reason of any information received through or advertised on the Services, Website or APP or received through any links provided in the Services, Website or APP.

13.3     These limitations of liability shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data.  Such limitations shall further apply with respect to the performance or non-performance of the Services or any information or merchandise that appears on, or is linked or related in any way to, the Services, Website or APP.  Such limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

13.4     Some countries, states or other jurisdictions place limits on the exclusion or limitation of liability, so the above limitations and exclusions may not apply to you.  Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

13.5     Force Majeure:  Without limiting the foregoing, under no circumstances shall Wipster or its subsidiaries, affiliates, officers, employees or agents be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

13.6     To the extent that Wipster or any of its subsidiaries, affiliates, officers, employees or agents is found liable for a claim of any kind arising as a result of, or related to, the Services provided hereunder (or the failure to provide such Services), whether in contract, in tort (including negligence or strict liability), pursuant to any warranty not specifically disclaimed hereby (or the disclaimer of which is not permitted), or otherwise, damages shall be limited to monetary damages, and the aggregate amount thereof for all claims shall in no event exceed an amount equal to the payments received from you by Wipster for the most recent six (6) month period prior to such determination.

14 Refunds and returns

14.1     We will charge your credit card the pro-rata amount for any add-on or upgrade in plan level immediately.

14.2     We will credit your account the pro-rata amount for any downgrade in plan level immediately. This credit will be applied in your next billing cycle.

14.3     If you choose to downgrade your account, we are not liable for the resulting loss of content, features, or capacity.

14.4     Except as expressly set out in these Terms of Service, Wipster will not provide refunds for cancelled subscriptions nor credits in the case of partially used months or years of service.

15 Indemnification

15.1     You agree to defend, indemnify and hold Wipster (including any of its subsidiaries, affiliates, officers, employees, agents, partners and licensors) harmless from and against any and all claims, damages, costs, and expenses, including attorney’s fees, arising from or related to your failure to comply with these Terms of Service, including, without limitation, as a result of:

15.1.1     any unauthorised use by you of the Services or any Rights of Wipster (or any of its third party providers); and

15.1.2     any of your comments or the Reviewers’ Comments.

16 Jurisdiction; Entire Agreement; and Waiver

16.1     These Terms of Service will be governed by and construed in accordance with the laws of the country of New Zealand, without giving effect to its conflict of laws provisions or your actual state or country of residence.  By your use of the Services, you:

16.1.1     agree that any suit, action or legal proceeding arising out of or relating to these Terms of Service will be brought in the courts of the country of New Zealand;

16.1.2     consent to the jurisdiction of such court in any such suit, action or proceeding; and

16.1.3     waive any objection which you may have to the laying of venue of any such suit, action or proceeding in any of such courts.

16.2     The Terms of Service (including, for the avoidance of doubt, the Privacy Policy) constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by Wipster.  If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect.

16.3     No delay, neglect, or forbearance on the part of either party in enforcing against the other party any term or condition of these Terms of Service shall either be or be deemed to be a waiver or in any way prejudice any right of that party under these Terms of Service.

17 Apple and Google – APP store conditions

17.1     This section 18 only applies if you use the APP as part of the Services.

17.2     Where you have downloaded the APP from the Apple Store, you acknowledge and agree that:

17.2.1     your rights to install and use the APP are subject to these Terms of Service and the relevant terms in the Apple Store terms of service;

17.2.2     Apple is not responsible for the APP in any way, including for any maintenance or support of the APP;

17.2.3     to the maximum extent permitted by law, Apple has no warranty obligations with respect to the APP;

17.2.4     Wipster (and not Apple) is responsible for addressing any claims by you or a third party in connection with the APP (including any claims by a third party that the APP breaches that person's intellectual property rights); and

17.2.5     although these Terms of Service are entered into between you and Wipster, Apple, as a third party beneficiary under these Terms, will have the right to enforce these Terms against you.

17.3      Where you have downloaded the APP from the Google Play Store, you acknowledge and agree that:

17.3.1     your rights to install and use the APP are subject to these Terms of Service and the relevant terms in the Google Play Store terms of service;

17.3.2     Google is not responsible for the APP in any way, including any maintenance or support of the APP; and

17.3.3     Wipster (and not Google) is responsible for addressing any claims by you or a third party in connection with the APP (including any claims by a third party that the APP breaches that person's intellectual property rights).

17.4     For the benefit of Apple and Google, you represent and warrant that you are not, and will not, be located in any country that is the subject of a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country and that you are not listed on any US Government list of prohibited or restricted parties.

18 Commonly Used Terms

18.1 In these Terms of Service, unless the context otherwise requires:

18.1.1     APP means the mobile software application of Wipster through which you can access and use the Services, and includes any upgrades of the APP and any other software or documentation which enables the use of the APP.

18.1.2     Apple means Apple Inc and other companies within its group.

18.1.3     Apple Store means the store/platform operated by Apple making the APP available to iOS devices.

18.1.4     Facebook means Facebook Inc and other companies within its group.

18.1.5     Fair Use means that the use of the Services must be fair, reasonable and not excessive as determined by Wipster (acting reasonably) and by reference to usage by other users, and usage will be considered excessive and unreasonable where it materially exceeds the average and/or estimated use patterns over all users across the Website and/or APP.

18.1.6     Google means Alphabet Inc and other companies within its group.

18.1.7    Google Store means the store/platform operated by Google making the APP available to Android devices.

18.1.8     Image means any image in .jpg, .gif or .png format only.

18.1.9     Media Asset means a Video, Image or a PDF.

18.1.10     Privacy Policy means Wipster’s privacy policy, as updated from time to time (below).

18.1.11     Storage Limit Policy means the policy described in Section 11 of these Terms of Service.

18.1.12     Video means any video file which is acceptable within our Fair Use Policy and these Terms of Service but excluding: Apple Intermediate; HDV 720p60; ProRes 4444; Go2Meeting3 (G2M3); ER AAC LD (Error Resilient, Low-Delay variant of AAC); Avid Meridien Uncompressed and REDCODE Video File (.r3d).

18.1.13     Website means www.wipster.io and includes both the marketing website and the web based app.

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Asset-Based Pricing Terms

For customers signed up to Wipster’s Asset-Based Pricing only.

WIP APP Limited (Wipster), welcomes you as a user of the Wipster Services.  The Wipster Service provides a platform for you to share and review your work-in-progress videos, images and PDFs, subject to the following terms of service and the Privacy Policy, which may be updated at any time (together the Terms of Service). Any amendments to the Terms of Service will be posted on our Website and will be effective immediately upon such posting. You are responsible for ensuring you are familiar with our latest Terms of Service and your continued use of our Service will be deemed acceptance of any updates. Commonly used words in these Terms of Service are defined at the end, in Section 18.

1. Description of Services

1.1     Wipster provides a platform for content makers to share and review their work-in-progress Media Assets, as set out in more detail in this Section (Services).

1.2     You may sign up to use the Services by completing the application form on the Website or via Facebook or Google and providing Wipster with certain details.  You must complete all information requested accurately and truthfully.  Once you sign up to use the Services, Wipster will create an account for you and you will become a member (Member).

1.3     Once you are a Member you will be provided with a login and password to enable you to access the Services.  You agree not to share any of the information or resources provided as part of the Services with any other party except as specified in the Terms of Service, and you will not allow any person not employed by or affiliated with your business to use your log-in information and password to access the Services.  You are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

1.4     As a Member you will be entitled to use the Services as follows:

1.4.1     You can upload a Media Asset to the Website.  Any Media Asset uploaded will be encoded by Wipster into multiple formats to support various internet capable devices including desktop browsers, smartphones and tablets.

1.4.2     You will be able to invite a number of people to view the Media Asset (each called a Reviewer).  Wipster will send each Reviewer an individual link to the Media Asset which you wish to invite them to review which will enable the Reviewer to view the Media Asset and comment on that Media Asset.  The email sent to each Reviewer will identify you as the person who invited them to review the relevant Media Asset, brief details of the Media Asset and will enable you and Wipster to identify each Reviewer’s comments.  You will not input bulk Reviewers or use the invite function to send unsolicited emails (otherwise known as “spam”) to individuals or otherwise use the invite function to harass others.

1.4.3     Each Reviewer may comment and/or provide feedback on the particular Media Asset sent to them at any particular point in that Media Asset.  You will be advised when a comment has been made on your Media Asset and you will be able to view each comment and respond to it.

1.4.4     All Reviewers are able to see comments made on the Media Asset.

1.4.5     All Reviewer comments are collated into a “to do” list which will only be visible and available to the Member who posted the original Media Asset.

1.5     The Services may be modified, improved and/or varied by Wipster at any time and at Wipster’s sole discretion.  Any such modifications, improvements or variations will be advised to you from time to time.

1.6     The Services may also be made available to you through the APP for so long as Wipster makes its APP available, but subject to you complying with Section 17 and you having registered on the Website first.

1.7     The use of our Services is subject to a Fair Use Policy in respect of any features that not limited to a particular number, volume, amount or similar as part of that feature.

2. Members and Reviewers

2.1     Wipster will send invitations to review a particular Media Asset to each Reviewer you identify.  Wipster is not responsible for checking or verifying in any way the identity of contact details of any Reviewer.  As a Member, you have sole responsibility for the email addresses or other contact details for each Reviewer that you invite to view and comment on any of your Media Assets.

2.2     Because one of the major attractions of the Services is the ease of use, Wipster does not require any Reviewer to login, use a password, or otherwise identify themselves before accessing the link to any Media Asset sent to them.  You expressly acknowledge this and agree to all invited Reviewers being able to access any of your Media Assets they are invited to review in this manner.

2.3     Wipster will include a disclaimer and warning in all emails, or other communications, sent to a Reviewer inviting them to review a particular Media Asset stating that if they do not know the Member who sent the invite to them they are not permitted to review the Media Asset or comment on it, that they may not forward the link or Media Asset to any other person, and that they are responsible for the content of any comments that they make.  However, Wipster and its subsidiaries, affiliates, officers, employees and agents expressly exclude any liability including but not limited to liability for breach of confidentiality, defamation, for:

2.3.1     an invitation being sent to someone not intended to be a Reviewer as a result of an incorrect email address and/or other method of contact for the Reviewer;

2.3.2     any comments made by any Reviewer whatsoever, including without limitation any comments that are or may be defamatory; or

any Reviewer forwarding the link and/or Media Asset to any other person.

2.3.4     As a Member you expressly acknowledge the above limitations and agree that you will take all necessary steps to ensure that you are satisfied that the people that you invite to review your Media Assets are advised accordingly and will comply with your directions. The exclusion of liability in this Section does not limit anything in Sections 12 and 13 of these Terms of Service.

3. Use of Website, APP and Services

3.1     Wipster grants you a limited and personal right to access and make use of the Services through the Website and if applicable, the APP.  This right does not include any resale of the Website, APP, their content or the Services or any derivative use of the Website, APP, their contents or the Services.  The Website, APP, the Services or any portion of the Website, APP or Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, form or any of the Services) of Wipster and our affiliates without our express written consent.  Any unauthorized use terminates the rights granted by Wipster.

3.2     You shall not: (i) unless you are on a specific plan for such use of our Services (as determined by us in our sole discretion), load long-form videos including but not limited to film, movie or television content, or other large video files; (ii) large or raw format image files; or (iii) take any action that causes or may cause (as determined by us in our sole discretion) an unreasonable or large load on our (or our third party providers’) infrastructure or Services.  Wipster reserves the right to introduce specific size limits on Media Assets and as part of undertaking digital rights restrictions to ensure that these limits are adhered to as part of accessing and using the Services.

3.3     You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works of the Services (or any part of them) or otherwise attempt to (a) defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Services (or any part of them), including, without limitation, any such mechanism (including the Website and/or APP) used to restrict or control the functionality of the Services (or any part of them) or (b) derive the source code or the underlying ideas, algorithms, structure or organisation form of the Services (or any part of them).

4. Intellectual Property

4.1     Wipster does not claim any right to any of the trademarks, service marks, collective marks, design rights, personality rights, copyrighted material, or similar rights (Rights) that are mentioned, used or cited on our site or in any of the materials or information generated using the Services; other than any Rights actually owned by Wipster, all other Rights are the property of their respective owners.  Your use of the Services does not provide you with any license or other entitlement to the use of the Rights of Wipster, other than for the purpose of using the Services in accordance with these Terms of Service.

4.2     We believe that Wipster’s use of the Rights in connection with the Services is legitimate and in accordance with applicable law governing the use of intellectual property; however, if it is determined that Wipster’s use or your use of any Rights infringes upon the intellectual property rights of any other party, Wipster reserves the right to discontinue the availability of any Services which incorporate the use of such infringing Rights.

4.3     Wipster acknowledges that the content and any intellectual property of any Media Asset you upload and any comments made by Reviewers (Reviewer Comments) remain the property of you or, to the extent applicable, the relevant Reviewer(s).  However, each Member and each Reviewer grants to Wipster a non-exclusive, non-transferable licence to use the contents of any Media Assets (or any part of any Media Asset); or any Reviewer Comments for the following purposes:

4.3.1    In accordance with these Terms of Service;

4.3.2   To develop the Services or any other product developed by Wipster;

4.3.3   To conduct market research;

4.3.4    To produce reports and summarise data which may be shared with Wipster members or a third party;

4.3.5    To invite Members or Reviewers to explore other Services available through Wipster or otherwise to generally promote Wipster and its services,

4.4     provided at all times that any use of such information shall be in accordance with Wipster’s Privacy Policy.  You represent and warrant that you own or have sufficient rights in all intellectual property in the Reviewer Comments and that any use of the Reviewer Comments necessary to provide the Services (including doing any of the things listed above) will not infringe the intellectual property rights of a third party.

5. Links

5.1     Wipster’s Website, APP or Services may provide links to other World Wide Web sites or resources. Because Wipster has no control over such sites and resources, you acknowledge and agree that Wipster is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.  You further acknowledge and agree that Wipster shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

6. Modifications to Services and Beta Services

6.1     Wipster reserves the right at any time and from time to time to modify (including, without limitation, any modification or redesign of the organization, look, feel, navigation or other elements of the Services, Website or APP used to provide the Services, including the addition or deletion of content or screens for delivery of the Services) or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.  You agree that Wipster shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services provided that if you have prepaid accounts fees for a period that you have not obtained the benefit of, we may (and will if legally be obliged to) refund any prepaid fees where the modification represents a substantial degradation of our Services.

6.2     From time to time, we may invite you to try Beta services at no charge. You may accept or decline any such trial in your sole discretion. Beta services will be clearly designated as such, for example as beta, pilot, limited release, preview, evaluation release or similar description. Beta services are: (a) for evaluation purposes only; (b) not to be considered as Services; (c) unsupported; and (d) not guaranteed of ultimate release as Services, or if released, may be subject to additional terms. Any Beta services trialed may be withdrawn by us at any time.  All Beta services should be treated on an “as is – where is” basis.

7. Comments; Content of Posted Information; Other Use of Website or APP

7.1     Members and Reviewers must only access and use the Website, Services and APP in accordance with all applicable laws.

7.2     All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Wipster through our Website, APP or otherwise disclosed, submitted, or offered in connection with your use of the Services, Website or APP, excluding any Reviewer Comments specifically relating to a particular Media File (collectively, Comments) shall be and remain the property of Wipster.  Wipster shall be free to use, without restriction and without compensation to you, any ideas, concepts, know-how, suggestions, or techniques contained in any Comments you send to us for any purpose whatsoever, including, without limitation, for incorporation into information provided as part of or in connection with the Services.  Wipster has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, moderate, edit, move, or delete any material posted by users on our site, in our sole discretion and without notice.

7.3     You are prohibited from posting or transmitting any advertising unsolicited emails (otherwise known as “spam”), unlawful material (including, but not limited to, material that could be considered defamatory, libellous or obscene or that otherwise misappropriates the intellectual property rights of a third party), or other material we deem inappropriate for the Website or APP.  Wipster disclaims all responsibility or liability arising from the content of any user postings.

7.4     You will not introduce and will use all reasonable endeavours (including adopting good industry practice) to prevent the introduction by any third party of any viruses, malware, trojan horses, worms, time bombs, or similar harmful programming routines to the Website, APP, Services and any other technology infrastructure utilised by Wipster.

7.5     You may not access the Services if you are a direct competitor of Wipster, except with Wipster’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

7.6     You accept we may post additional rules on the Website and APP in and around the making, dissemination and other use of any Media Assets, Reviewer Comments or Comments, and that you agree to abide by such rules as and when posted on the Website and APP.  Without placing any obligation to moderate on Wipster, you agree to follow any directions given by Wipster in respect of Media Assets, Reviewer Comments or Comments where those directions are consistent with (as determined by Wipster) the wider community of users of Wipster or if left unattended could possibly attract liability to Wipster (irrespective of your indemnity given in Section 15).

8 Membership

8.1     Membership is only available to people or parties with contractual capacity.  When becoming a Member, you warrant that you have contractual capacity and that you can legally form a binding contract that is enforceable against you.

8.2     You agree to give complete and accurate information to Wipster and to update any information that may have changed.

8.3     Wipster may contact you to verify your details if required.

8.4     Wipster reserves the sole discretion as to who may be a Member and retain the right to terminate any Membership without notice or further explanation.

8.5     You agree that if your Membership is terminated for any reason, you may forfeit any fees paid in advance.

8.6     You represent and warrant that you are not, and will not, be located in any country that is the subject of a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country and that you are not listed on any US Government list of prohibited or restricted parties.

9. Payments

9.1     You agree to pay Wipster all subscription fees, where applicable. Subscription fees are payable by Members and are set out on the Website or otherwise advised to you (for example, at the time of acquiring add-ons).  Where you hit a paywall because you have used up your available allocation under your relevant plan, you will not try to circumvent or otherwise avoid the paywall to receive Services beyond what you are entitled to under your plan.  Wipster may offer you a time limited trial and/or limited functionality where no payment is necessary.  In all other cases where payment is required, payment will be made via a third party billing system.  You agree to abide by the terms and conditions of the third party billing system.  When payments are made, you represent and warrant that you are the authorised user of the credit card or other payment method.

9.2     Unless otherwise stated, fees listed and collected by Wipster are exclusive of any taxes and duties imposed by government or state bodies.  To the extent permitted by applicable laws, you are responsible for the payment of any and all taxes or duties in addition to the fees collected by Wipster.

9.3     Except for enterprise plans (which are agreed separately to these Terms of Service), pricing for all other Wipster plans is subject to change upon 30 days’ notice from Wipster. Such notice may be provided by email, and/or posting the changes to the Website or within the Service itself. Wipster is not liable to you or to any third party for any modification to Wipster’s pricing.

10. Termination

10.1    You agree that Wipster may, under certain circumstances and without prior notice, immediately terminate your account.  Cause for such termination shall include, but not be limited to:

10.1.1    breaches or violations of these Terms of Service (including, for the avoidance of doubt, the Privacy Policy) or other agreements or guidelines related to your use of the Services;

10.1.2     requests by law enforcement or other government agencies;

10.1.3     a request by you;

10.1.4     discontinuance or material modification to the Services (or any part thereof);

10.1.5     unexpected technical or security issues or problems;

10.1.6     engagement by you in fraudulent or illegal activities; and/or

10.1.7     non-payment of any fees owed by you in connection with the Services.

10.2     Further, you agree that all terminations for cause shall be made in Wipster’s sole discretion and that Wipster shall not be liable to you or any third party for any termination of your account.

10.3     In addition, you may terminate these Terms of Service by:

10.3.1     giving Wipster not less than 30 days written notice at any time; or

10.3.2     giving Wipster not less than 10 days written notice after any modification to the Services that materially affects the Services provided to you.

11 Disclaimer of Warranties

11.1     You expressly understand and agree that:

11.1.1     your use of the Services, Website and APP is at your sole risk.  The Services are provided on an “as is” and “as available” basis.  Wipster and its subsidiaries, affiliates, officers, employees and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to any warranties under the Consumer Guarantees Act 1993 (and you acknowledge for the purpose of that Act that you are using the Services as a Business), implied warranties of merchantability, fitness for a particular purpose and non-infringement.

11.2     Wipster and its subsidiaries, affiliates, officers, employees and agents make no warranty that:

11.2.1     the Services will meet your requirements;

11.2.2     the Services will be uninterrupted, timely, secure or error-free;

11.2.3     the results that may be obtained from the use of the Services will be accurate or reliable;

11.2.4     the quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations;

11.2.5     any errors in the Services will be corrected; or

11.2.6     that any or all of the functionality of the Services will be compatible with any software or hardware used by you to access the Services.

11.3     Any material downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

11.4     Furthermore, Wipster disclaims any warranty as to the potential profitability of the use of the Services, or the potential for success of any advertising or marketing campaign incorporating any of the materials generated through the use of the Services, and you have relied upon and will rely upon your own evaluation of the market with respect to such matters and the use of the materials generated through the use of the Services.

11.5     No advice or information, whether oral or written, obtained by you from Wipster or through or from the Services shall create any warranty not expressly stated in these Terms of Service.

12. Limitation of Liability

12.1    Under no circumstances shall Wipster or its subsidiaries, affiliates, officers, employees and agents be liable to any user on account of that user's use or misuse of or reliance on the Services arising from any claim relating to the use of the Services pursuant to these Terms of Service or any other agreement between Wipster and you.  Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages, whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if Wipster or its subsidiaries, affiliates, officers, employees and agents have been advised of the possibility of such damages).

12.2     Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Services, from an inability to use the Services, or from the interruption, suspension, or termination of the Services (including any such damages incurred by third parties).  This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised as part of or in connection with the Services, Website, APP or received through any links provided in the Services, Website or APP, as well as by reason of any information received through or advertised on the Services, Website or APP or received through any links provided in the Services,  Website or APP.

12.3     These limitations of liability shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data.  Such limitations shall further apply with respect to the performance or non-performance of the Services or any information or merchandise that appears on, or is linked or related in any way to, the Services, Website or APP.  Such limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

12.4     Some countries, states or other jurisdictions place limits on the exclusion or limitation of liability, so the above limitations and exclusions may not apply to you.  Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

12.5     Force Majeure:  Without limiting the foregoing, under no circumstances shall Wipster or its subsidiaries, affiliates, officers, employees or agents be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

12.6     To the extent that Wipster or any of its subsidiaries, affiliates, officers, employees or agents is found liable for a claim of any kind arising as a result of, or related to, the Services provided hereunder (or the failure to provide such Services), whether in contract, in tort (including negligence or strict liability), pursuant to any warranty not specifically disclaimed hereby (or the disclaimer of which is not permitted), or otherwise, damages shall be limited to monetary damages, and the aggregate amount thereof for all claims shall in no event exceed an amount equal to the payments received from you by Wipster for the most recent six (6) month period prior to such determination.

13 Refunds and returns

13.1     We will charge your credit card the pro-rata amount for any add-on or upgrade in plan level immediately.

13.2     We will credit your account the pro-rata amount for any downgrade in plan level immediately. This credit will be applied in your next billing cycle.

13.3     If you choose to downgrade your account, we are not liable for the resulting loss of content, features, or capacity.

13.4     Except as expressly set out in these Terms of Service, Wipster will not provide refunds for cancelled subscriptions nor credits in the case of partially used months or years of service.

14 Indemnification

14.1     You agree to defend, indemnify and hold Wipster (including any of its subsidiaries, affiliates, officers, employees, agents, partners and licensors) harmless from and against any and all claims, damages, costs, and expenses, including attorney’s fees, arising from or related to your failure to comply with these Terms of Service, including, without limitation, as a result of:

14.1.1    any unauthorised use by you of the Services or any Rights of Wipster (or any of its third party providers); and

14.1.2     any of your comments or the Reviewers’ Comments.

15. Jurisdiction; Entire Agreement; and Waiver

15.1     These Terms of Service will be governed by and construed in accordance with the laws of the country of New Zealand, without giving effect to its conflict of laws provisions or your actual state or country of residence.  By your use of the Services, you (a) agree that any suit, action or legal proceeding arising out of or relating to these Terms of Service will be brought in the courts of the country of New Zealand; (b) consent to the jurisdiction of such court in any such suit, action or proceeding; and (c) waive any objection which you may have to the laying of venue of any such suit, action or proceeding in any of such courts.

15.2     These Terms of Service (including, for the avoidance of doubt, the Privacy Policy) constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by Wipster.  If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect.

15.3     No delay, neglect, or forbearance on the part of either party in enforcing against the other party any term or condition of these Terms of Service shall either be or be deemed to be a waiver or in any way prejudice any right of that party under these Terms of Service.

16.  Apple and Google – APP store conditions

16.1     This section 16 only applies if you use the APP as part of the Services.

16.2     Where you have downloaded the APP from the Apple Store, you acknowledge and agree that:

16.2.1     your rights to install and use the APP are subject to these Terms of Service and the relevant terms in the Apple Store terms of service;

16.2.2     Apple is not responsible for the APP in any way, including for any maintenance or support of the APP;

16.2.3     to the maximum extent permitted by law, Apple has no warranty obligations with respect to the APP;

16.2.4     Wipster (and not Apple) is responsible for addressing any claims by you or a third party in connection with the APP (including any claims by a third party that the APP breaches that person's intellectual property rights); and

16.2.5     although these Terms of Service are entered into between you and Wipster, Apple, as a third party beneficiary under these Terms, will have the right to enforce these Terms against you.

16.3     Where you have downloaded the APP from the Google Play Store, you acknowledge and agree that:

16.3.1     your rights to install and use the APP are subject to these Terms of Service and the relevant terms in the Google Play Store terms of service;

16.3.2     Google is not responsible for the APP in any way, including any maintenance or support of the APP; and

16.3.3     Wipster (and not Google) is responsible for addressing any claims by you or a third party in connection with the APP (including any claims by a third party that the APP breaches that person’s intellectual property rights).

16.4     For the benefit of Apple and Google, you represent and warrant that you are not, and will not, be located in any country that is the subject of a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country and that you are not listed on any US Government list of prohibited or restricted parties.

17.  Commonly Used Terms

17.1     In these Terms of Service, unless the context otherwise requires:

17.1.1     APP means the mobile software application of Wipster through which you can access and use the Services, and includes any upgrades of the APP and any other software or documentation which enables the use of the APP.

17.1.2     Apple means Apple Inc and other companies within its group.

17.1.3     Apple Store means the store/platform operated by Apple making the APP available to iOS devices.

17.1.4     Facebook means Facebook Inc and other companies within its group.

17.1.5     Fair Use means that the use of the Services must be fair, reasonable and not excessive as determined by Wipster (acting reasonably) and by reference to usage by other users, and usage will be considered excessive and unreasonable where it materially exceeds the average and/or estimated use patterns over all users across the Website and/or APP.

17.1.6     Google means Alphabet Inc and other companies within its group.

17.1.7     Google Store means the store/platform operated by Google making the APP available to Android devices.

17.1.8     Image means any image in .jpg, .gif or .png format only.

17.1.9     Media Asset means a Video, Image or a PDF.

17.1.10     Privacy Policy means Wipster’s privacy policy, as updated from time to time (below).

17.1.11     Video means any video file which is acceptable within our Fair Use Policy and these Terms of Service but excluding: Apple Intermediate; HDV 720p60; ProRes 4444; Go2Meeting3 (G2M3); ER AAC LD (Error Resilient, Low-Delay variant of AAC); Avid Meridien Uncompressed and REDCODE Video File (.r3d).

17.1.12     Website means www.wipster.io and includes both the marketing website and the web based app.

 

Wipster’s Privacy Policy

This Privacy Policy was last updated on 24 May 2018.

The updates made in this version of the Privacy Policy reflect changes in data protection law, namely, the European Union General Data Protection Regulation (GDPR). Wipster respects the privacy of all of its customers and is committed to protecting all customers’ personal information.

We wish you continued and happy Wipstering!

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This Privacy Policy is intended to provide you with transparent information about how we treat the personal information that we collect and process. Our protocols are based on the Information Privacy Principles in the New Zealand Privacy Act 1993 (Privacy Act), and for individuals based in the EU, the GDPR.

You should not access or use the Services or the Website unless you have accepted the Wipster Terms of Service (including this Privacy Policy).  

Capitalised terms not otherwise defined shall have the meaning given to them under Wipster’s Terms of Service.

UPDATES TO OUR PRIVACY POLICY

  • Wipster reserves the right to vary this policy at any time, effective immediately on posting on the Website.

  • We will notify, and explain to, our Members and Reviewers, any material changes to this Privacy Policy.

HOW WE COLLECT AND RECEIVE PERSONAL INFORMATION

Wipster collects personal information in the following ways:

  • When you complete an application form or otherwise provide details to become a Member (whether through the Website, or by signing up through Facebook or Google).

  • When you sign up to receive our newsletter.

  • When you select and invite a Reviewer.

  • When Members and/or Reviewers make use of any of the Services.

  • Via the use of cookies, local storage or tracking pixels on the Website or APP, as per the “Cookies” section below.

  • From third party sources as identified in the “sources of personal information’ section of this Privacy Policy.

Sources of personal information

Most of the personal information Wipster collects comes directly from the person who is the subject of the personal information (data subject).  However, Wipster may collect personal information about data subjects from other sources where we believe on reasonable grounds that:

  • the personal information is publicly available information;

  • the data subject has authorised the collection of their personal information from someone else (for example, when a Member invites a Reviewer to review Media Assets or where the source of the personal information has been notified by us to the data subject in this Privacy Policy or otherwise (including as specified in the section entitled “information collected by Wipster from other sources” below);

  • The collection from another source would not prejudice the data subject’s interests;

  • it is not reasonably practicable in the circumstances (for example, images of third parties submitted by Members through the Services); and

  • any other situation where the exceptions in section 6(2) of the Privacy Act may apply (or, in the case of EU subject, in accordance with and subject to Article 14 of the GDPR).

Information collected by Wipster from other sources:

  • Wipster may collect additional personal information about you (such as demographic information) from affiliates and third parties which we may use to supplement the information that we collect directly from you.  By utilising the Services and agreeing to this Privacy Policy, you are deemed to have authorised the collection and processing of such information by Wipster provided that such information is processed by Wipster strictly in accordance with this Privacy Policy.  

  • Email addresses (provided that Wipster is able to connect the email address to a natural person, otherwise such information will not be considered personal information).

  • Images of the third party (in any format) in any Media Assets created through the Services.  Wipster will only process images of third parties in connection with Members using the Services to create Media Assets.

  • Aggregated data on third parties’ interactions with any Media Assets created through the Services. Wipster will only use aggregated data on third parties’ interactions with Media Assets to deliver the “Pulse” feature of its Services.

THE PERSONAL INFORMATION WE COLLECT AND HOW WE PROCESS IT

Wipster may process the personal information of Members, Reviewers, prospective users of the Service (Prospective Members) and third parties as described below (provided such persons are natural persons).

Personal Information collected about Members:

  • Name, company name, phone number, email address, login and password, billing information (including, credit card and/or other payment method information, tax numbers, and bank account numbers) (Account Data).

  • Data on the interaction with the Services (including comments, Media Assets created, location data, device unique identification details, time, IP addresses, cookies, interaction moments), and all feedback and suggestions on the Services (Service Use Data).

Wipster may process Account Data so that it can:

  • administer Member accounts, although it is noted that credit card information is not stored in the APP.

  • invite Members and Reviewers to explore other Services available through Wipster and otherwise to generally promote Wipster and its services (including via direct marketing).

  • invoice and charge for the Services it provides to Members.

  • manage any disputes or queries relating to the Services (including any dispute or query relating to the delivery of the Services, or in relation to billing for the Services).

  • defend or enforce any legal claim against Wipster.

 Personal Information collected about Reviewers:

  • Name, email address, Service permissions, and Service Use Data (including Reviewer Comments) (together the Reviewer Data).

Wipster may process Service Use Data and Reviewer Data so that it can:

  • deliver the Services.

  • analyse Member and Reviewer behaviour, preferences and intentions for the purpose of:

    • determining Service developments

    • inviting Members and Reviewers to explore other Services available through Wipster and otherwise to generally promote Wipster and its Services (including via direct marketing)

    • delivering a statistical result to help with general Company announcements

    • helping with Wipster understanding its market position

    • ensuring the security of the Services and Website

    • combating and preventing breaches of Wipster’s Terms of Services, other service agreements, fair use policy, storage limit policy, and security policy.

  • manage any disputes or queries relating to the Services (including any dispute or query relating to the delivery of the Services, or in relation to billing for the Services).

  • defend or enforce any legal claim against Wipster.

Information collected about Prospective Members:

  • Name, company name, business phone number, business email address, country location, professional activities performed, data on interactions with our Website (including access, location data, device unique identification details, time, IP addresses, cookies, and connection moments) (Prospective Member Data).

Wipster may process Prospective Member Data so that it can:

  • allow its sales team to contact a Prospective Member.

  • invite Prospective Members to use Wipster’s Services and otherwise to generally promote Wipster and its services (including via direct marketing).

  • canvas for potential Members.

LAWFUL BASIS FOR PROCESSING

Please note that if Wipster is unable to process personal information in the manner outlined in this Privacy Policy, then the Services may suffer from reduced functionality, and certain features may be disabled.

Performance of a contract

In respect of the processing of personal information of Members and Reviewers detailed in this Privacy Policy for the purposes of providing the Services and otherwise complying with Wipster's Terms of Service, such processing is necessary for the performance of the contract between Wipster and its Members and Reviewers.

Legitimate interests

In respect of all other processing of personal information detailed in this Privacy Policy, such processing is necessary for the purposes of a legitimate interest pursued by Wipster, and Wipster has assessed that such interests are not overridden by the interests or fundamental rights and freedoms of the data subject to whom the personal information relates.

If you are EU based you have the right to object to the way Wipster processes your personal information where the processing is based on legitimate interests. For more information see “Rights of EU based persons” section below for further details.

INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

In respect of EU based persons, please note that:

  • Wipster may transfer your personal information to Wipster in New Zealand, and that the appropriate safeguard in place for such a transfer is an adequacy decision under Article 45 of the GDPR.

  • Your personal information may be transferred to any other country in which Wipster or our affiliates, subcontractors or agents maintain facilities, including the United States of America. Wipster will use reasonable efforts to obtain assurances from any such third parties that they will safeguard personal information consistent with this Privacy Policy (which may include contractual obligations).

SECURE DELETION OF PERSONAL INFORMATION

Wipster will securely delete your information once:

  • The purpose of collection of that information is no longer relevant.

  • Wipster is no longer required to comply with any legal obligations that necessitate the retention of that information.

However, information may remain on Wipster’s backup systems for up to 90 days from the date of deletion or erasure.

THIRD PARTIES WE TRANSFER PERSONAL INFORMATION TO

  • Reviewer Data may be shared with the relevant Member.

  • Wipster may share your personal information with your professional advisors or any other third party, at your direction.

  • Wipster may share personal information with its professional advisors (including in connection with any audits, professional advice, research, or process and product improvements) on a need to know basis.

  • Wipster may share personal information with courts, law enforcement, and public bodies, in compliance with local laws and regulations, and only in the instance and to the extent where we reasonably believe that we are legally required to do so.

  • If you enable third party data feeds or third party applications in using the Services, you acknowledge that we may allow those third party providers access to your personal information to the extent needed to make them work. We shall not be responsible for any disclosure, modification or deletion of your personal information resulting from any such access by third-party providers.

  • Any personal information collected via cookies may be accessed and used by us the third-parties identified in the “Cookies” section below.

  • Wipster uses its affiliates and a range of third party processors to assist in providing the Services, Website and APP. Wipster may share personal information with any such organisations in order to support or supply the Services, Website and APP (including website hosting, data analysis and storage, payment and invoice processing, information technology and related infrastructure, customer services, Services maintenance, e-mail delivery, and other similar services).

  • Wipster may share your personal information with third-party service providers to permit such parties to provide services that help us with our business activities, which may include assisting us with marketing, advertising our product/service, or providing, maintaining and improving the features and functionality of the product/service, among other things.

SECURITY OF YOUR PERSONAL INFORMATION

  • Wipster may employ procedural and technological measures, consistent with industry practice, to protect your personal information.

  • Please see the “Security” section of our Website for further information.

YOUR RIGHT TO ACCESS AND CORRECT YOUR PERSONAL INFORMATION

  • Under the Privacy Act, you have the right to seek access to information which Wipster holds about you and to correct that information if it is incorrect.

  • If you wish to exercise your rights, please contact Wipster using the contact information below. Wipster may require you to provide verification of your identity and to pay an administrative fee to provide a copy of the information that it holds.

  • Please note that in certain circumstances Wipster may withhold access to your information where Wipster has the right to do so under the Privacy Act, for example, where disclosing the information may reveal the identity of a third party.

Rights for EU based persons

Under the GDPR, if you are an EU based person you have the right to:

  • access and correct your personal information.

  • in certain circumstances, have your personal information erased.

  • restrict the processing of your personal information.

  • move, copy or transfer your personal data easily for your own purposes across different services in a safe and secure way.

  • object to processing where Wipster is relying on its legitimate interests as the basis for processing.

  • withdraw your consent to our processing of your personal information where your consent is being relied on by Wipster.

If you wish to exercise your rights, please contact Wipster using the contact information below. Wipster may require you to provide verification of your identity.

Please note that in certain circumstances Wipster may refuse to respond to a GDPR rights request where it has the right to do so under the GDPR, for example, where a request is manifestly unfounded or excessive.

Contacting us

Please put your query or request in respect of the content of this Privacy Policy, or the personal information Wipster holds about you, in writing and send your query or request to Wipster at:

Wipster

2-12 Allen Street

Wellington 6011

New Zealand

 

Or if you are based in the US:

Suite #2004,

215 SE Morrison Street

Portland OR 97214

Or you can email Wipster at support@wipster.io

Cookies

Cookies are small data files which are temporarily stored on your computer to allow a Website to remember your actions or preferences over time.  You can enable or disable cookies on your computer at any time, but Wipster does offer some features on its Website and Services that are only accessible when cookies are enabled.

Wipster uses anonymous security and product tracking cookies (not session or permanent), tracking pixels and local browser storage (non-permanent) operated by us and by third-parties that we authorise. These technologies are used:

  • to operate and personalise the Website.

  • as a means to ensure the security of the Website.

  • to uniquely identify users in order to track their usage of the Website.

  • to target ads to you on other websites.

  • to personalize and/or improve your user experience of the Website.

Please note that any of your personal information we receive via cookies is used (and disclosed) only in accordance with this privacy policy and will be stored securely.

Wipster participates in Google's AdWords pay-per-click advertising programme. AdWords advertisements appear on Google's search result pages and on the Google Display Network. Wipster ads may also appear on other websites in the Google Display Network. Google uses cookies to target ads to you, including to measure the number of Google users that click on certain advertisements and visit certain Website pages. Google provides this data to Wipster without identifying users. View Google's privacy policy. You can opt out of Google's use of these cookies by visiting Google's Ads Preferences Manager.

Wipster also uses a third party AdRoll.com to track Website user conversion. By visiting the Website, AdRoll may place cookies or tracking pixels on Wipster users’ browsers for the purposes detailed in the list above. You can opt out of receiving targeted advertising, to do so please see www.aboutads.info or youronlinechoices.eu.

If you visit the Website with your browser setting already adjusted to accept cookies, we understand that you wish to use our Website and Services and you will be deemed to have consented to the use of cookies. If you change your mind you can disable cookies on your computer by altering your browser settings at any time. However, without cookies, certain functionality of the Website and/or Services may be restricted or adversely affected.

 

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