Terms & Conditions
ACCEPTANCE OF TERMS AND CONDITIONS
You (“you” or the “End User”) must agree to these terms and conditions (the “Terms of Use” or “Agreement”) in order to install the software and use the service provided by Pointpal Holdings Pty Ltd (“Pointpal”, “we” or “us”). By clicking the “Update” button in the Pointpal App, you agree to the Terms of Use that we have provided. If you do not wish to agree to these Terms of Use, you may not use the Service in any way.
I. TERMS OF USE
1. General.
The Service provides for the facilitation of loyalty reward programs of third party providers through Pointpal. By using the Service you acknowledge that the Service may at any time be in a beta or development phase and may be subject to regular change.
This Agreement sets forth the terms and conditions that apply to the use of this Service by the End User. By clicking the “Accept” button, End User agrees to comply with all of the terms and conditions hereof. The right to use this Service is personal to End User and is not transferable to any other person or entity.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Service. However, if you are not yet 18, you may use the Service in conjunction with your parent or guardian who agrees to this Agreement.
2. Modified Terms.
Pointpal reserves the right at all times to discontinue or modify any of our Terms of Use as we deem necessary or desirable. If Pointpal makes any substantial changes, we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on our site (the “Site”). Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site. These changes will be effective immediately for all users of our Service. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use from time to time in order that you stay informed as to any such changes. Any use of the Service by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.
3. Equipment
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Service and all charges related thereto. Pointpal shall not be liable for any damages to the End User’s equipment resulting from the use of the Service.
4. End User Conduct.
Use of the Service by you must comply with these Terms of Use. You are responsible for any and all activity in connection with the use of the Service. We insist and require that you restrict any and all activity in connection with the use of the Service to that which involves lawful purposes only. Any conduct by an End User that in Pointpal’s exclusive discretion restricts or inhibits any other End User from using or enjoying the Service, or imposes or may impose an unreasonable or disproportionately large load on Pointpal (or its third party providers), is strictly prohibited. End User may only use the Service’s contents for personal use. End User is strictly forbidden to publish, reproduce, broadcast, distribute or make the contents accessible to other parties in any way, namely by making them available in other application, website, online service, bulletin board or message board, or paper copies. End User is strictly forbidden from changing the contents in any way. End User shall not create, introduce, or advise others to create or introduce, any type of virus or malware in the Service and related software which will cause damage or propagate, whatsoever.
5. Copyright and Trademarks.
Everything located on or in the Service is the exclusive property of Pointpal or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE SERVICE WITHOUT THE EXPRESS WRITTEN PERMISSION OF POINTPAL IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
The Service may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Service are protected by copyright as a collective work under the Australian copyright laws. Pointpal owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Pointpal or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Service otherwise owned or operated in conjunction with Pointpal shall not be deemed to be in the public domain but rather the exclusive property of Pointpal, unless such trademark is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Pointpal unless otherwise stated.
End User shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Pointpal does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Service, End User warrants that the owner of such material has expressly granted Pointpal the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other End User to access, view, store or reproduce the material for that End User’s personal use. End User hereby grants Pointpal the right to edit, copy, publish and distribute any material made available on the Service by End User.
6. Copyright Policy.
Pointpal reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Pointpal by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Service in a way that constitutes copyright infringement, you shall provide Pointpal with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Service of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
7. Disclaimer of Warranty.
End User acknowledges that the Service may at any time be in a beta phase and may not be fully tested or functional and is subject to change. End User agrees to use the Service at your own risk. The Service can be suspended or terminated for any reason by Pointpal in its sole discretion.
END USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT END USER’S SOLE RISK. NEITHER POINTPAL, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.
THE SERVICE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. POINTPAL HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability.
IN NO EVENT SHALL POINTPAL, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
Notwithstanding the above, in no event shall, to the maximum extent permitted by applicable law and notwithstanding the failure of any limited remedy, Pointpal’s aggregate liability for any claims arising out of or related to this Agreement exceed an amount equal to the total amounts paid hereunder.
9. Indemnification/Release.
End User agrees to defend, indemnify and hold harmless Pointpal, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the Service.
End User is solely responsible for interactions with third party providers of services. To the extent permitted under applicable laws, End User hereby releases Pointpal from any and all claims or liability related to any product or service of a third party provider, any action or in-action by a third party provider, including a third party provider’s failure to comply with applicable law and/or failure to abide by the terms of a loyalty reward card, and any conduct or speech, whether online or offline, of any other user.
11. Termination.
Pointpal may terminate this Agreement at any time. Without limiting the foregoing, Pointpal shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which Pointpal, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, and 7 will survive termination of this Agreement.”
12. Trademarks.
Pointpal is a trademark of Pointpal Holdings Pty Ltd. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Pointpal are the property of their respective owners.
13. Third-Party Content.
Pointpal, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Pointpal has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Pointpal.
In many instances, the content available through the Service represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Pointpal. Pointpal neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Pointpal by anyone other than authorised Pointpal employee spokespersons while acting in official capacities. Under no circumstances will PointPal be liable for any loss or damage caused by an end user’s reliance on information obtained through PointPal. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Pointpal.
14. Miscellaneous.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. PointPal’s headquarters are in New South Wales, Australia. Legal issues arising out of, but not exclusive to the use of, the Service are governed by and in accordance with the laws of the State of New South Wales (exclusive of its rules regarding conflicts of laws). By using the Service, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Service, shall be finally settled by arbitration in New South Wales.
15. Purchase of Goods and Services
Any good or service you purchase in connection with the Service are not purchased through Pointpal; rather it is purchased from the third party seller of such goods and services, hereinafter defined as “Merchant”. The Merchant, not Pointpal, is the seller of the goods and services and is solely responsible for redeeming any goods and or/services you purchase or which you believe you are entitled to through the use of the Merchant loyalty reward program. Pointpal’s role is as a marketing agent for Merchant, who promote Merchant loyalty rewards through the Service.
