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Terms and Conditions

Last Updated: May 2, 2024

1. Introduction

Welcome to Pintio. These Terms and Conditions ("Terms") govern your access to and use of the Pintio website, mobile application, and services (collectively, the "Platform"). The Platform is owned and operated by Pintio Pty Ltd (ABN: 12 345 678 901) ("Pintio", "we", "our", or "us").

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

2. Definitions

In these Terms:

  • "User" refers to any individual who accesses or uses the Platform, including both regular users and Store Owners.
  • "Store Owner" refers to a User who registers a business on the Platform.
  • "Content" refers to any information, text, graphics, photos, videos, or other materials uploaded, downloaded, or appearing on the Platform.

3. Eligibility

To use the Platform, you must be at least 16 years old. If you are under 18 years old, you must have the consent of a parent or legal guardian to use the Platform.

The Platform is primarily intended for users located in Australia. If you access the Platform from outside Australia, you are responsible for compliance with local laws.

4. Account Registration

To access certain features of the Platform, you may need to create an account. When creating an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, not current, or incomplete.

5. User Conduct

You agree not to:

  • Use the Platform for any illegal purpose or in violation of any local, state, national, or international law.
  • Violate or encourage others to violate the rights of third parties, including intellectual property rights.
  • Post, upload, or distribute any Content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate.
  • Interfere with security-related features of the Platform.
  • Interfere with the operation of the Platform or any user's enjoyment of the Platform.
  • Use any robot, spider, scraper, or other automated means to access the Platform.
  • Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Platform.
  • Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

6. Store Owner Conduct

If you register as a Store Owner, you additionally agree not to:

  • Provide false or misleading information about your business.
  • Upload Content that infringes on third-party intellectual property rights.
  • Post offensive or inappropriate Content in your business listing.
  • Manipulate reviews or ratings through fake accounts or other deceptive practices.
  • Use the Platform to promote products or services that are illegal or violate our policies.

7. Content

7.1 User Content

By posting Content on the Platform, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and our business, including for promoting the Platform.

You represent and warrant that you own or have the necessary rights to post the Content, and that the Content does not violate the rights of any third party.

7.2 Review System

Our Platform allows Users to post reviews of businesses. Reviews must be honest, accurate, and based on personal experience. We reserve the right to remove reviews that violate our guidelines, including reviews that:

  • Contain offensive, abusive, or discriminatory language.
  • Are clearly fraudulent or written by competitors.
  • Contain personal information about individuals.
  • Promote illegal activities.
  • Are not relevant to the business being reviewed.

8. Intellectual Property

The Platform and its original content, features, and functionality are owned by Pintio and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

9. Payment Terms

Certain features of the Platform may require payment of fees. All fees are in Australian Dollars and are non-refundable unless otherwise specified.

By providing a payment method, you represent that you are authorized to use the payment method and authorize us to charge your payment method for the total amount of your subscription or purchase.

Subscriptions automatically renew until cancelled. You can cancel your subscription at any time through your account settings or by contacting us.

10. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the Platform will be uninterrupted, secure, or error-free, or that defects will be corrected. We are not responsible for the accuracy, reliability, timeliness, or completeness of information provided by Users of the Platform or any other data or information provided or received through the Platform.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PINTIO, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the Platform.
  • Any conduct or content of any third party on the Platform.
  • Any content obtained from the Platform.
  • Unauthorized access, use, or alteration of your transmissions or content.

In no event shall our total liability to you for all claims exceed the amount paid by you, if any, for accessing or using the Platform during the 12 months preceding your claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless Pintio, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform.

13. Dispute Resolution

Any dispute arising out of or related to these Terms or the Platform shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law principles.

You agree to first attempt to resolve any disputes informally by contacting us. If a dispute cannot be resolved informally, you and Pintio agree to submit the dispute to binding arbitration in Melbourne, Victoria, Australia, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction.

14. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on our Platform prior to the effective date of the changes. Your continued use of the Platform after the effective date of the changes constitutes your acceptance of the modified Terms.

15. Termination

We may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. General

These Terms constitute the entire agreement between you and Pintio regarding the Platform and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the Platform.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

17. Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@pintio.com.au
Phone: 1300 123 456
Mail: Legal Department, Pintio Pty Ltd, 123 Collins Street, Melbourne VIC 3000, Australia