Operative provisions
1.Definitions and interpretation
Definitions
In this Disclaimer, the following definitions apply:
Carpool Feature | means the carpool matching functionality made available through the Platform, as further described in our Acceptable Use Policy and Mobile App Terms of Use. |
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Carpool Match | means a connection or pairing between Student Users facilitated through the Carpool Feature. |
Content | means all text, images, graphics, logos, audio, video, podcasts, data, listings, profiles, and other material displayed on, or made available through, the Website. |
Disclaimer | means this Website Disclaimer, as amended from time to time in accordance with clause 9. |
Force Majeure Event | has the meaning given in clause 10.3. |
Hustles Feature | means the functionality of the WOLFX App that allows Student Users to list, advertise, discover, and connect with each other in relation to side ventures, casual work, and similar opportunities, as further described in our Acceptable Use Policy. |
Loss | means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing, or payment however arising, whether present, unascertained, immediate, future, or contingent, including reasonable legal costs on a solicitor and own client basis. |
Marketplace Feature | means the functionality of the WOLFX App that allows Student Users to list, advertise, discover, and connect with each other in relation to goods and services, as further described in our Acceptable Use Policy. |
Marketplace Transaction | means a sale, hire, or trade of goods or services agreed directly between Student Users, entered into, performed, and paid for entirely outside the Platform. |
Parent | means a parent or guardian designated by a Student User to pay Subscription Fees on that Student User's behalf through the Parent Portal. |
Parent Portal | means the functionality that allows a Parent to create an account connected to a Student User's Account and to pay Subscription Fees on that Student User's behalf. |
Platform | means the Website and the WOLFX App, taken together. |
Podcast Content | means podcast episodes produced or licensed by us, including the WOLFX "Pack Chats" Podcast, together with associated transcripts, show notes, and artwork. Podcast Content is our content and is not submitted by Student Users. |
Podcast Feature | means access to the WOLFX-produced podcast episodes made available to Student Users for listening through the WOLFX App. |
Professional Advice | means advice of a legal, financial, accounting, tax, medical, psychological, insurance, transport regulatory, or other professional nature that requires a qualified and licensed practitioner to provide. |
Student User | means a person who is at least 18 years of age and a current or recently enrolled student at a tertiary education institution recognised by us, who has registered for an Account on the Platform. |
Third Party Content | means any content, materials, links, advertisements, or resources provided by third parties and accessible through or linked from the Website. |
WOLFX App | means the WOLFX mobile application made available through the Apple App Store and Google Play Store. |
Website | means the website located at www.wolfxapp.com, including all pages, subdomains, and content accessible through that address. |
Interpretation
In this Disclaimer, unless the context otherwise requires:
1.1headings are for convenience only and do not affect interpretation;
1.2the singular includes the plural and vice versa;
1.3a reference to a person includes a corporation, partnership, joint venture, association, government body, or other entity;
1.4a reference to a statute, regulation, or other law includes all amendments, consolidations, and replacements;
1.5a reference to writing includes email; and
1.6where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
2.Nature of information on the website
2.1The Content made available on the Website is provided for general informational and student-community purposes only. It is not intended as, and does not constitute, Professional Advice of any kind.
2.2You should not rely on any Content as a substitute for obtaining appropriate Professional Advice from a qualified practitioner. Before acting on anything contained on the Website, you should carefully consider its relevance to your particular circumstances and, where necessary, obtain independent Professional Advice.
2.3The Website does not create, and is not intended to create, any professional-client, advisory, fiduciary, agency, employment, or similar relationship between you and us.
3.Nature of the WOLFX service
3.1Technology platform only: WOLFX is a technology platform that helps Student Users connect with one another. We provide the technology only. We are not a transport operator, commercial passenger vehicle service, ride-sourcing service, courier, retailer, marketplace fulfilment provider, agent, broker, financial services provider, employment service, podcast publisher, or media production company, and we are not authorised, licensed, or registered as any of those things.
3.2Private arrangements between users: Any arrangement for transport, sale, hire, service provision, or other engagement facilitated through the WOLFX App is a private arrangement between the Student Users involved. We are not a party to that arrangement. Any journey, transaction, engagement, or collaboration takes place at the sole risk of the participants.
3.3Carpool Feature: The Carpool Feature is intended only to facilitate private, non-commercial cost-sharing arrangements between Student Users sharing journeys they are independently undertaking. Carpool Matches are not commercial passenger transport, ride-sourcing, taxi, or hire car services. We do not set fares, collect commissions on cost-sharing payments, or operate or supervise any journey. No money is paid, collected, held, or transferred between Student Users through the Platform.
3.4Marketplace Feature: Marketplace listings are submitted by Student Users and are not vetted, verified, endorsed, or approved by us. We do not warrant or represent that any goods or services listed are accurately described, available, lawful, safe, suitable for any purpose, or of merchantable quality. Any contract for sale, hire, or trade is between the relevant Student Users and not with us.
3.5Hustles Feature: Hustles listings are submitted by Student Users and are not vetted, verified, endorsed, or approved by us. The Hustles Feature is a listing and matching service only. We do not employ, engage, or contract with any Student User, and we are not a party to any arrangement reached following a Hustles listing.
3.6Podcast Content: Podcast Content is produced or licensed by us and is made available through the Podcast Feature for listening only. Student Users do not record, upload, host, or distribute podcasts through the Platform. Podcast Content is provided for general information and entertainment purposes only, does not constitute Professional Advice, and the views expressed by any host, guest, or contributor are their own and do not necessarily reflect our views. You must not download, copy, record, reproduce, broadcast, or redistribute any Podcast Content except as expressly permitted through the Platform.
3.7No verification of users: We do not verify the identity, character, background, qualifications, driver licence, vehicle, insurance, financial capacity, or fitness of any Student User beyond the limited account and student status checks described in our Acceptable Use Policy and Privacy Policy. Successful completion of any verification step does not constitute an endorsement, recommendation, or guarantee by us of any Student User.
3.8Your responsibility: You are solely responsible for assessing the suitability of any other Student User, vehicle, listing, transaction, podcast collaborator, or arrangement before agreeing to it, and for ensuring your own safety, the safety of your property, and compliance with all applicable laws.
4.Accuracy, currency and completeness
4.1While we take reasonable care to ensure that the Content on the Website is accurate at the time of publication, we make no representation or warranty, express or implied, as to the accuracy, currency, completeness, reliability, or suitability of any Content for any particular purpose.
4.2Content on the Website may be updated, amended, or removed at any time without notice. We do not undertake any obligation to update or correct Content to reflect subsequent changes in law, practice, or circumstance.
4.3You acknowledge that Content (including Marketplace listings, Hustles listings, user profiles, and Carpool Match details) may contain typographical errors, inaccuracies, or omissions. To the maximum extent permitted by law, we are not liable for any such errors, inaccuracies, or omissions, including in any Content submitted to the Platform by a Student User.
5.Third party content and external links
5.1The Website may contain Third Party Content or links to third party websites, resources, or services that are not owned or controlled by us (including payment processors, app stores, mapping providers, podcast distribution platforms, and tertiary education institutions). The inclusion of any Third Party Content or link does not imply our endorsement, sponsorship, or recommendation, or any association with the relevant third party.
5.2We have no control over, and accept no responsibility for, the content, accuracy, availability, privacy practices, or security of any Third Party Content or third party websites. Your access to and use of Third Party Content or third party websites is entirely at your own risk and subject to the terms and conditions of the relevant third party.
5.3To the maximum extent permitted by law, we exclude all liability for any Loss arising out of or in connection with your access to or use of, or reliance on, any Third Party Content or third party websites.
6.No warranties
6.1The Website and all Content are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all representations, warranties, and conditions of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
6.2Without limiting clause 6, we do not warrant or represent that:
(a)the Website will be available at all times, or that access will be uninterrupted, timely, secure, or error-free;
(b)defects or errors in the Website will be corrected;
(c)the Website, the servers that make it available, or any files transmitted from or through the Website are free from viruses, malware, or other harmful components;
(d)any Student User, vehicle, Marketplace listing, Hustles listing, or arrangement made through the Platform is safe, suitable, lawful, or appropriate for you; or
(e)any results obtained from the use of the Website will meet your requirements.
7.Limitation of liability
7.1To the maximum extent permitted by law, we exclude all liability (whether arising in contract, tort (including negligence), under statute, or otherwise) for any Loss arising out of or in connection with your access to or use of, or inability to access or use, the Website, including any Loss arising from:
(a)any errors, omissions, or inaccuracies in any Content;
(b)any reliance placed on any Content (including any Marketplace listing, Podcast Content, user profile, or Carpool Match details);
(c)the acts or omissions of any Student User, including any conduct before, during, or after a journey, transaction, or collaboration;
(d)any injury, loss, damage, or other harm suffered by you or by any other person in connection with an arrangement facilitated through the Platform;
(e)any interruption, suspension, or discontinuation of the Website;
(f)any viruses, malware, or other harmful components transmitted through the Website; or
(g)any Third Party Content or third party website accessed through or linked from the Website.
7.2To the extent that our liability cannot be excluded by law, our total aggregate liability to you for all claims arising out of or in connection with the Website or this Disclaimer (other than any claims relating to a paid transaction processed through the WOLFX mobile application, which are dealt with in our Mobile App Terms of Use) is limited, at our option, to the resupply of the relevant Content or the payment of AUD $100.
7.3Nothing in this Disclaimer excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.
8.Your acknowledgements
8.1You acknowledge and agree that:
(a)your access to and use of the Website is at your sole risk;
(b)Content on the Website (including Marketplace listings, Podcast Content, and user profiles) is provided for general informational and student-community purposes only, and must not be relied upon as Professional Advice or as a substitute for your own due diligence;
(c)any Carpool Match, Marketplace Transaction, or arrangement made following a Hustles listing is a private arrangement between Student Users, and any journey, transaction, or engagement takes place at the sole risk of the participants;
(d)you are solely responsible for any decisions or actions you take based on Content on the Website, and for any consequences arising from those decisions or actions; and
(e)to the maximum extent permitted by law, you will not bring any claim against us (or any of our directors, officers, employees, or agents) arising from or in connection with your reliance on any Content, except to the extent that liability cannot be excluded by law.
9.Changes to this disclaimer
9.1We reserve the right to amend, modify, or replace this Disclaimer at any time at our sole discretion. Any changes will be effective immediately upon posting the updated Disclaimer on the Website.
9.2It is your responsibility to review this Disclaimer periodically. Your continued use of the Website after any changes constitutes your acceptance of the revised Disclaimer.
9.3Where the changes are material, we will use reasonable endeavours to provide notice by posting a prominent notice on the Website or by other appropriate means.
10.Force majeure
10.1We are not liable for any failure or delay in making the Website available or performing any obligation in connection with this Disclaimer to the extent that the failure or delay is caused directly by a Force Majeure Event, provided that:
(a)we use reasonable endeavours to minimise the impact of the Force Majeure Event and to resume normal service as soon as practicable; and
(b)the failure or delay is not attributable to our negligence, wilful misconduct, or failure to take reasonable precautions.
10.2If a Force Majeure Event prevents us from making the Website available for a continuous period of more than 60 days, we may discontinue the Website (in whole or in part) without liability to you.
10.3For the purposes of this Disclaimer, Force Majeure Event means any event or circumstance beyond our reasonable control, including:
(c)acts of God, flood, earthquake, storm, cyclone, or other natural disaster;
(d)epidemic, pandemic, or public health emergency declared by a government authority;
(e)war, invasion, acts of terrorism, riot, or civil unrest;
(f)government action, law, regulation, order, or embargo;
(g)failure of third party infrastructure, including telecommunications, power networks, or cloud computing services; and
(h)cyberattack, distributed denial of service attack, or other malicious interference with digital infrastructure.
10.4For the avoidance of doubt, a Force Majeure Event does not include financial difficulty or inability to pay.
11.General
11.1Governing Law: This Disclaimer is governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.
11.2Severability: If any provision of this Disclaimer is held to be invalid, illegal, or unenforceable, that provision will be severed from this Disclaimer and the remaining provisions will continue in full force and effect.
11.3Waiver: A failure or delay by us in exercising any right, power, or remedy under this Disclaimer does not operate as a waiver of that right, power, or remedy. A single or partial exercise of any right, power, or remedy does not preclude any other or further exercise of that right or any other right, power, or remedy.
11.4Entire Agreement: This Disclaimer, together with our Website Terms of Use, Mobile App Terms of Use, Privacy Policy, Acceptable Use Policy, and Cookie Policy, constitutes the entire agreement between you and us in relation to your access to and use of the Website and supersedes all prior agreements, representations, and understandings.
11.5Assignment: You may not assign or transfer any of your rights or obligations under this Disclaimer without our prior written consent. We may assign or transfer our rights and obligations under this Disclaimer to any third party without your consent.
11.6Contact: WOLFX APP PTY LTD can be contacted at support@wolfxapp.com or by writing to Level 10, 369 Royal Parade, Parkville VIC 3052.