Website Terms and Conditions of Use
1. Terms and Conditions of Use
1.1. Please read the Terms carefully. We reserve the right to amend the Terms from time to time without notice and at our discretion. It is your responsibility periodically to review this page for updates to the Terms, which shall come into effect once posted. Your continued use of the Website will be deemed acceptance of the Terms.
1.2. We are a company incorporated in Australia, and the Terms are governed by and subject to the laws of the State of Western Australia, Australia, and the parties agree to submit to the jurisdiction of the court in that State.
1.3. If you do not agree to the Terms, you must not use or access the Website.
2. Use of our contact details
2.1. The publication on our Website of any person’s contact details does not constitute implied or express consent by us or the person to receive unsolicited commercial electronic messages or SPAM.
3. Limitations on Use
3.1. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the user content. Nor may you use any network monitoring or discovery software to determine the Website architecture, or extract information about usage, individual identities or users.
3.2. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website or the user content without our prior written permission.
4. General warning
4.1. You should not act, or refrain from acting solely on the basis of the material contained on this Website.
4.2. Material on this Website does not constitute a solicitation or inducement to purchase any products or engage any services offered by us.
5. Access and Security
5.1. We do not warrant that you will have continuous access to the Website or that your access or use will be error-free.
5.2. We will not be liable in the event that the Website is unavailable to you for any reason (for example, due to computer downtime attributable to malfunctions, upgrades, server problems, preventative or remedial maintenance activities or interruption in telecommunication supplies).
5.3. We reserve the right at any time to deny or terminate all or part of your access to the Website where in our opinion, there are concerns regarding unreasonable use, security or unauthorised access or where you have breached any of these Terms.
5.4. If we issue you with a username and password enabling you to access special features on our Website you must keep these details confidential.
6. Intellectual Property Rights
6.1. Peppermint Innovation Limited (the parent company of Peppermint Payments Pty Ltd) is the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Website, unless otherwise indicated. All information, text, material, graphics, software and advertisements on the Website are our copyright and that of our suppliers and licensors unless expressly indicated otherwise by us.
6.2. Except as provided in the Terms, use of the Website does not grant you any right, title, interest or license to any such intellectual property you may access on the Website. We own the rights, or have permission to use, the trademarks listed on our Website.
6.3. We may authorise you to use content on our Website if you contact us and we agree in writing.
7. Can you link to our Website?
7.1. You are welcome to link to our Website as long as you observe the following conditions:
(a) you present the links in a way which fairly represents us. The link(s) must not cause us embarrassment;
(b) the context of the link must not suggest that we endorse you in any way, or have any connection with your site; and
(c) the context of the link must not suggest that we have created any of your content.
8. Links to other sites
8.1. The Website may contain links to other websites (Linked websites). Those links are for convenience only and we are not responsible for the content or practices associated with Linked websites.
8.2. Our link with a Linked website is not an endorsement, approval or recommendation of those Linked websites.
9. Disclaimer and Limitation of liability
9.1. We cannot guarantee the safety or security of your computer system or other electronic device. We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system or other electronic device sustained in connection with the use of the Website or user content.
9.2. We make no representations or warranty of any kind, express or implied as to the operation of the Website or the user content. You expressly agree that your use of the Website is entirely at your sole risk.
9.3. To the extent permitted by legislation such as the Competition and Consumer Act 2010 (Cth), the Website is provided on an “as is, as available” basis.
9.4. The Competition and Consumer Act 2010 (Cth) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by us of the Website (including the various functions contained on the Website) which cannot be excluded, restricted or modified (Non-excludable Rights). Except for any Non-excludable Rights you agree to exclude all other conditions and warranties implied by custom, law or statute.
9.5. We expressly disclaim all responsibility for any loss, injury, claim, liability, or damage, or any indirect, incidental, special or consequential damages or loss of profits whatsoever of any kind resulting from, arising out of or any way related to:
(a) any errors in or omissions of the Website and/or the user content, including, but not limited to, technical inaccuracies and typographical errors,
(b) any third party web sites or content directly or indirectly accessed through links in the Website, including, but not limited to, any errors in or omissions,
(c) the unavailability of the Website or any portion,
(d) your use of the Website, or
(e) your use of any electronic device or software in connection with the Website.
9.6. Our maximum aggregate liability for all proven losses, damages and claims arising out of the Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to an aggregate of all claims, where the maximum aggregate amount is equal to the total amount paid by you to us for services provided by us to you.
10.1. You agree to indemnify, defend and hold us harmless, our officers, directors, employees, agents, licensors, suppliers and any third party information providers to the website from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of the Terms by you.
10.2. You also agree to indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right).
11. Third Party Rights
11.1. The provisions of paragraphs 9 (Disclaimer and Limitation of Liability), and 10 (Indemnification) are for our benefit and the benefit of our officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf.
12. Unlawful Activity
12.1. We reserve the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
13. Confidentiality and Privacy
14. Severability of Provisions
14.1. If any provision of the Terms is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
15.1. These Terms are effective until terminated by us.
15.2. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you and the disclaimers and limitations of liability set out in the Terms will survive termination.
15.3. Such termination shall not affect any legal right that we may have accrued against you up to the date of termination.
15.4. We may also remove the Website as a whole or any sections or features of the Website at any time.