Provisions for users in Australia

Effective date: February 16, 2024

If you are a consumer and habitually reside in Australia, the following provisions supersede those in the Terms and prevail over them.

Disclaimers and release: You use our services at your own risk and subject to the following disclaimers. To the extent permitted by law, our Services are provided on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our Services will be operational, error free, secure, or safe, or that our Services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our Services or the features, services, and interfaces our Services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third-parties. you release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “WhatsApp parties”) from any claim, complaint, cause of action, controversy, dispute, or damages (together, “Claim”), known and unknown, relating to, arising out of, or in any way connected with any such Claim you have against any third-parties. Certain legislation, including the Australian Consumer Law, may imply warranties or conditions, or impose obligations which cannot be excluded, restricted or modified except to a limited extent. Your rights with respect to the WhatsApp parties are not modified by the foregoing disclaimer if the Australian Consumer Law or any other laws of your country or territory of residence, applicable as a result of your use of our services, do not permit it.

Limitations of liability: The WhatsApp parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our Services (however caused and on any theory of liability, including negligence), even if the WhatsApp parties have been advised of the possibility of such damages. Our aggregate liability relating to, arising out of, or in any way in connection with our Terms, us, or our Services will not exceed the greater of USD one hundred dollars ($100) or the amount you have paid us in the past twelve months. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions, including the Australian Consumer Law, may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to the contrary in our Terms, in such cases, the liability of the WhatsApp parties will be limited to the fullest extent permitted by applicable law.

Availability Of Our Services. We are always trying to improve our Services. That means we may expand, add, or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events. If we discontinue all of our Services, we will give you reasonable advance notice, with no such notice being required in urgent situations such as preventing abuse, responding to legal requirements, or addressing safety, security and operability issues.

If you are a consumer and habitually reside in Australia, then you enjoy all your legal rights and protections as a consumer under Australian law, including the Australian Consumer Law. In the event of any conflict between these Terms and your statutory consumer rights under the Australian Consumer Law, your statutory consumer rights shall prevail.