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Terms and conditions

Terms and Conditions

Please read these Terms and Conditions carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using our Products and/or Services, you agree to comply with and be bound by these Terms, as applicable to you.

To the extent permitted by applicable laws, or as otherwise set forth herein, we (My Pocket Mate Pty Ltd and its directors, officers, employees, affiliates, agents, contractors, or licensors) and any person or entity associated with provision of the product and/or services (e.g., an affiliate, vendor, strategic partner or employee) ("Associated Parties"), will not be liable to you or any third party, for: (a) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services

You expressly agree that your use of, or inability to use, the product and/or services is at your sole risk. The services and all content delivered to you through the product and/or services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability fitness for a particular purpose title, and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.  In addition under the Australian consumer law, there are certain consumer guarantees which cannot be excluded including on, repairs and title.

Because you will be using our services and or products this does not give you ownership of any intellectual property rights in our services and or products or the content you access. You may not use content from our services and or products unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our services and or products. Don't remove, obscure, or alter any legal notices displayed in or along our services and or products.

In no case shall we, (My Pocket Mate Pty Ltd and its directors, officers, employees, affiliates, agents, contractors, or licensors) be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the product and/or services or for any other claim related in any way to your use of the product and/or services and/or content, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services, even if advised of their possibility.

We shall use reasonable efforts to protect information submitted by you in connection with the product and/or services, but you agree that your submission of such information is at your sole risk, and you hereby release us from any and all liability to you for any loss or liability relating to such information in any way.We do not represent of guarantee that the services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release us from any liability relating thereto. You shall be responsible for backing up your own system, including any content acquired or rented through the services.

We do not guarantee represent, or warrant that your use of the product and/or services will be uninterrupted or error free and you agree that from time to time we may remove the services for indefinite periods of time, or otherwise limit or disable your access to the services at any time, or otherwise limit or disable your access to the services without notice to you, where reasonably necessary to protect our legitimate interests.

We are not responsible for data charges you may incur in connection with your use of the services.

 

WAIVER AND INDEMNITY

By using the product and/or services, you agree, to the extent permitted by law, to indemnify and hold us, directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of the agreement, your misuse of the product and/or service whether intentional or not, or to the extent permitted by law, any action taken by us as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement of as a result of its finding or decision that a violation of this agreement has occurred. To the extent permitted by law, you agree that you shall not sue or recover any damages from us, its directors, officer, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate you access to the product and/or services, or to take any other action during the investigation of a suspected violation or as a result of our reasonable conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

 

THIRD PARTY MATERIALS

We are not responsible or liable for third party materials included within or linked from the Content or the Services

 

SUBSCRIPTIONS

Paid subscriptions automatically renew until cancelled in the manage subscriptions section of your account settings. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest paid subscription period. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Paid Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next Paid Subscription period and may change the date on which you are billed for each period. Certain Paid subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, cancel the subscription before the free trial ends.

Termination

These Terms and Conditions apply to you as soon as you access our products and/or services by any means and continue in effect until they are terminated. There may come a time where either you or we decide it's best to part ways as described further below. When that happens, these Terms and Conditions will generally no longer apply. However, certain provisions will always remain applicable to both you and us (refer below*).

We may terminate your right to use the product and/or services at any time (a) if you violate or breach these Terms and Conditions; (b) if you misuse or abuse the product and/or services, or use the product and/or services in a way not intended or permitted by us; or (c) if allowing you to access and use the products and/or services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose us to legal liability. We may choose to stop offering the product and/or services, or any particular portion of the product and/or service, or modify or replace any aspect of the product and/or service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the product and/or services, where, in our sole discretion, failure to do so would materially prejudice you. You agree that we will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the product and/or services.

You may terminate your access to the product and/or services and the general applicability of Terms and Conditions by going to your User Profile and unsubscribe your account (select UNSUBSCRIBE).

*All provisions of these Terms and Conditions that by their nature should survive termination of these Terms and Conditions will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licences).

Release and Indemnification

This is where you agree to cover us (us being My Pocket Mate Pty Ltd and its directors, officers, employees, affiliates, agents, contractors, or licensors)  if you use the product and/or services in a way at causes us to be the subject of a legal matter, or to face other claims or expenses.

Release. You hereby agree to release us, (us being My Pocket Mate Pty Ltd and its directors, officers, employees, affiliates, agents, contractors, or licensors) from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."

Indemnification. You agree to defend, indemnify and hold us (us being My Pocket Mate Pty Ltd and its directors, officers, employees, affiliates, agents, contractors, or licensors) and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of: (a) your breach of these Terms and Conditions (including any terms or agreements or policies incorporated into these Terms); (b) your use of the product and/or services in violation of these Terms and Conditions or other policies we post or make available; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party.


Contact Us First.
If you have a question or concern about the product and/or services, please contact us first. Our customer support team will try to answer your question or resolve your concern.