Terms and Conditions
Last Updated: June 16, 2025
Business Entity: I Was There (IWTLive.com) Platform is a business name of M87 Pty Limited
ABN: 57 633 731 880
Business Address: 11 Knox St Chippendale NSW 2008
Postal Address: P.O. Box 52 Broadway NSW 2007
Introduction
Welcome to I Was There.
The services offered on our I Was There platform (the "Platform") are owned and operated by M87 Pty Limited d/b/a I Was There Platform ("IWT", "we", "us", "our", or the "Company"). Please read these Terms and Conditions (this "Agreement") carefully, as you are agreeing to be bound by these terms by using our Service.
This Agreement applies to all Users of the Service. If you do not agree with any part of this Agreement, you must not use the Service. Your continued use of the Service will constitute your acceptance of this Agreement. Any new features or tools which are added to the current Service shall also be subject to this Agreement. You can review the most recent version of this Agreement at any time at /terms-and-conditions. We reserve the right to update, change, or replace any part of this Agreement by posting updates and/or changes. It is your responsibility to check the Service periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.
PLEASE NOTE: We collect minimal personal information necessary for platform operation, including creator contact details, payment information, and location data for purchase verification. All personal information is handled in accordance with Australian Privacy Principles under the Privacy Act 1988 (Cth). Our use and sharing of such information is disclosed in and governed by this Agreement and our Privacy Policy, which you acknowledge you have read and with which you agree as part of using the Platform.
IMPORTANT - AUSTRALIAN CONSUMER LAW: This Agreement is governed by Australian law, including the Competition and Consumer Act 2010 (Cth). Some provisions of this Agreement may be limited by Australian Consumer Law, which provides certain consumer guarantees that cannot be excluded. Where Australian law permits dispute resolution through courts or tribunals, those rights are preserved.
Acceptance of Terms
By accessing and using the I Was There (IWT) Platform, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
Description of Service
The I Was There Platform is a location-verified digital collectibles service that enables:
- Artists and creators to mint and sell digital collectibles tied to specific physical locations and events
- Fans to purchase authentic proof-of-attendance digital assets using either custodial (Magic Wallet) or non-custodial (MetaMask) wallet options
- Location verification through GPS coordinates and IoT HotSpot technology
- Permanent storage of digital assets on the Arweave blockchain network
Service Availability: While we strive to provide continuous service, IWT does not guarantee uninterrupted access to the Platform. We may suspend or terminate service for maintenance, upgrades, or other operational requirements with reasonable notice where possible.
User Accounts and Registration
To use certain features of the Platform, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain the security of your account credentials
- Promptly update account information to keep it accurate and current
- Accept responsibility for all activities that occur under your account
Account Types
Creator Accounts: For artists and venues who create and sell digital collectibles
Fan Accounts: For users who purchase and collect digital collectibles
Age Requirement: Users must be at least 18 years old or have parental consent to use the Platform.
Digital Collectibles and Intellectual Property
Creator Rights and Responsibilities
Creators retain ownership of their intellectual property but grant IWT a non-exclusive licence to:
- Display, distribute, and promote digital collectibles on the Platform
- Process payments and handle blockchain transactions
- Provide customer support related to purchased digital collectibles
Purchaser Rights
When you purchase a digital collectible, you receive:
- A unique blockchain-based token proving ownership of that specific digital collectible
- The right to display, share, and resell the digital collectible (subject to any specific creator terms)
- Access to exclusive content or experiences associated with the digital collectible
Important: Purchasing a digital collectible does not transfer copyright ownership of the underlying creative work to the purchaser. Creators retain all copyright and intellectual property rights unless explicitly transferred in writing.
Payment Terms and Fees
Platform Fees
IWT charges the following fees:
- Creator Commission: 10% of each sale
- Payment Processing: Standard credit card processing fees apply
- Blockchain Transaction Fees: Gas fees for minting and transfers (where applicable)
Payment Methods
Accepted payment methods include:
- Credit, debit Apple & Google Pay, PayPal cards (via Magic Wallet integration)
Refunds
Due to the nature of blockchain transactions, all sales are generally final. Refunds may be considered in exceptional circumstances including:
- Technical failures preventing delivery of purchased digital collectibles
- Fraudulent transactions
- Platform errors in processing
Australian Consumer Law: Your rights under Australian Consumer Law, including consumer guarantees, are preserved and cannot be excluded by these terms.
Location Verification and Privacy
Our location verification system requires:
- Proximity to designated IoT HotSpots
- Temporary storage of location data for verification purposes
Privacy Notice: Location data is used solely for purchase verification and is not stored permanently or shared with third parties except as required by law. See our Privacy Policy for complete details.
Prohibited Uses and Conduct
Users may not:
- Upload content that infringes intellectual property rights
- Use automated systems to manipulate Platform functions
- Circumvent location verification systems
- Engage in fraudulent transactions or money laundering
- Harass, abuse, or harm other users
- Violate any applicable laws or regulations
Enforcement: Violation of these terms may result in account suspension, termination, and forfeiture of any purchased or created digital collectibles.
Platform Availability and Technical Requirements
The Platform requires:
- Internet connection
- Modern web browser with JavaScript enabled
- GPS-enabled device for location verification
- Compatible digital wallet (Magic Wallet provided or MetaMask)
IWT does not guarantee compatibility with all devices or configurations.
Disclaimers and Limitation of Liability
Service Disclaimers
The Platform is provided "as is" without warranties of any kind. IWT disclaims all warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose, to the extent permitted by law.
Limitation of Liability
To the maximum extent permitted by law, IWT's liability is limited to the amount paid by you for the specific service that gave rise to the claim, not to exceed AUD $100.
Australian Consumer Law: Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot be lawfully excluded under the Competition and Consumer Act 2010 (Cth) or other applicable law.
Indemnification
You agree to indemnify and hold harmless IWT, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses arising from:
- Your use of the Platform
- Your violation of these Terms
- Content you upload or create on the Platform
- Your infringement of any third-party rights
Termination
Either party may terminate this agreement at any time. Upon termination:
- Your access to the Platform will be suspended
- Any purchased digital collectibles remain in your wallet but may become inaccessible through the Platform
- Creator earnings may be held for up to 90 days for dispute resolution
Blockchain Permanence: Digital collectibles stored on blockchain networks may remain accessible through other interfaces even after Platform termination.
Dispute Resolution
For Australian residents, disputes will be resolved through:
- Good faith negotiation as the first step
- Mediation through a recognised Australian dispute resolution service
- Australian courts as a final resort
Governing Law: This Agreement is governed by the laws of New South Wales, Australia.
Force Majeure
IWT shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, blockchain network failures, or government actions.
Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect.
Contact Information
For questions about these Terms:
Email: legal@iwtlive.com
Postal Address: M87 Pty Limited, P.O. Box 52, Broadway NSW 2007, Australia
ABN: 57 633 731 880
Updates to Terms: We reserve the right to modify these Terms at any time. Material changes will be communicated via email to registered users and posted on the Platform with an updated effective date.
Last Updated: June 16, 2025